Former Chief Executive David Wittig and former chief strategy officer Douglas Lake are charged with conspiracy and circumventing internal controls to secretly boost their compensation at the Topeka-based utility.

Their first trial ended in a hung jury in 2004. They were convicted on most counts in 2005 but the convictions were later thrown out.

A third trial was scheduled for September 2008 but the men appealed, challenging the constitutionality of being tried again. That appeal failed this summer.

U.S. District Judge Julie Robinson will hold a hearing Monday in Topeka to schedule the third trial. Prosecutors would like it to begin Dec. 8.

A service of YellowBrix, Inc.