Feds intent on prison for Wittig

By Topeka Capital Journal


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Federal prosecutors want David Wittig resentenced to five years for his felony convictions in a bank fraud case, perhaps departing outside the sentencing guidelines to make his prison term equal with co-defendant Clinton Odell Weidner II.

The recommendations to U.S. District Judge Julie A. Robinson were made in a recently filed document.

In a two-paragraph order, Robinson notified prosecutors and Wittig defense attorneys that she was contemplating imposing a sentence outside the guidelines. Prosecution and defense attorneys have until Jan. 26 to file a sentencing memorandum.

In his first resentencing, Wittig on April 24, 2006, received five years in federal prison for a 2003 conviction of concealing from bank regulators a $1.5 million loan he made to former Capital City Bank president Weidner, who invested the money in an Arizona real estate development. Wittig, former Westar Energy chief executive officer, president and chairman of the board, was a large loan customer of the bank, and Weidner was his personal banker. He had originally been sentenced to four years and three months in prison.

But on Nov. 22, the 10th U.S. Circuit Court of Appeals set aside the five-year prison sentence for Wittig, saying it was 10 times longer than the maximum six-month sentence in sentencing guidelines. The appeals court ordered Robinson to impose an unspecified sentence, saying the judge "erred in computing Mr. Wittig's offense level under the guidelines."

The appeals court said Robinson didn't "explain what dramatic facts justified such an extreme divergence" from the guidelines.

Richard Hathaway, senior litigation counsel, and Christine Kenney, assistant U.S. attorney, wrote there are legal criteria justifying resentencing Wittig to five years.

Prosecutors said Wittig could receive a sentence ranging from four years and three months to five years and three months if Robinson were to find that he received more than $1 million in gross receipts from one or more financial institutions as a result of the offense distinct from the $1.5 million loan.

"These gross receipts consist of the two $500,000 draws Wittig received from Weidner after Weidner received the $1.5 million in gross receipts from the nominee loan, plus $96,000 in interest Wittig received from Weidner, who obtained the interest proceeds from the financial institutions, Capital City (Bank) and Capitol Federal (Savings), as a result of the offense," prosecutors wrote.

If Robinson chose to impose a nonguideline sentence on Wittig, the judge could consider a federal statute requiring the court to "avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct," noting the appeals court affirmed Weidner's five-year sentence.

Prosecutors argued that as part of the loan to Weidner, Wittig was to receive a $20 million loan to fund a utility company that could trigger payments of up to $64 million to Wittig.

If Wittig weren't sentenced to five years, it would "create an incredible sentencing disparity. Wittig, who committed the same crimes as Weidner and had the same background, but who expected to net up to 60 times what Weidner expected to receive as a benefit, asks to receive one-tenth the sentence that his co-conspirator and co-defendant has received," prosecutors wrote.

As for releasing Wittig on court conditions, prosecutors contended he has a "flagrant and utter disregard" for federal court orders. As of Wednesday, Wittig had been in federal prison exactly one year after Robinson revoked his conditions of release because he "flagrantly violated" the conditions.

Wittig divested his assets without disclosing the transactions to prosecutors, the judge or the probation office as required by the conditions of his bond, Robinson said then.

In March 2004, Robinson issued an order that Wittig wasn't to receive, pay or transfer funds of more than $25,000 without getting her approval.

"It is appropriate, as this court found, that no condition or combination of conditions could reasonably assure the economic safety of the community and assure against the intentional disposition and transfer of assets that could be subject to fine and forfeiture," prosecutors wrote, adding "the assets are all back in play for forfeiture."

On Jan. 5, the appeals court overturned his 2005 conviction of 39 criminal counts tied to looting Westar of millions of dollars and said 24 of those counts couldn't be retried if prosecutors would choose to do so. Wittig had been sentenced to an 18-year term in that case.

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Biden Imposes Higher Tariffs on Chinese Electric Cars and Solar Cells

U.S. Tariffs on Chinese EVs and Solar Cells target trade imbalances, subsidies, and intellectual property risks, bolstering domestic manufacturing, supply chains, and national security across clean energy, automotive technology, and renewable markets.

 

Key Points

Policy measures raising duties on Chinese EVs and solar cells to protect U.S. industry, IP, and national security.

✅ Raises duties to counter subsidies and IP risks

✅ Supports domestic EV and solar manufacturing jobs

✅ May reshape supply chains, prices, and trade flows

 

In a significant move aimed at bolstering domestic industries and addressing trade imbalances, the Biden administration has announced higher tariffs on Chinese-made electric cars and solar cells. This decision marks a strategic shift in U.S. trade policy, with market observers noting EV tariffs alongside industrial and financial implications across sectors today.

Tariffs on Electric Cars

The imposition of tariffs on Chinese electric cars comes amidst growing competition in the global electric vehicle (EV) market. U.S. automakers and policymakers have raised concerns about unfair trade practices, subsidies, and market access barriers faced by American EV manufacturers in China amid escalating trade tensions with key partners. The tariffs aim to level the playing field and protect U.S. interests in the burgeoning electric vehicle sector.

Impact on Solar Cells

Similarly, higher tariffs on Chinese solar cells address concerns regarding intellectual property theft, subsidies, and market distortions in the solar energy industry, where tariff threats have influenced investment signals across North American markets.

The U.S. solar sector, a key player in renewable energy development, has called for measures to safeguard fair competition and promote domestic manufacturing of solar technologies.

Economic and Political Implications

The tariff hikes underscore broader economic tensions between the United States and China, spanning trade, technology, and geopolitical issues. While aimed at protecting American industries, these tariffs could lead to retaliatory measures from China and impact global supply chains, particularly in renewable energy and automotive sectors, as North American electricity exports at risk add to uncertainty across markets.

Industry and Market Responses

Industry stakeholders have responded with mixed reactions to the tariff announcements. U.S. automakers and solar manufacturers supportive of the tariffs argue they will help level the playing field and encourage domestic production. However, critics warn of potential energy price spikes for consumers, supply chain disruptions, and unintended consequences for global clean energy goals.

Strategic Considerations

The Biden administration's tariff policy reflects a broader strategy to promote economic resilience, innovation, and national security in critical industries, even as cross-border electricity exports become flashpoints in trade policy debates today.

Efforts to strengthen domestic supply chains, invest in renewable energy infrastructure, and foster international partnerships remain central to U.S. economic competitiveness and climate objectives.

Future Outlook

Looking ahead, navigating U.S.-China trade relations will continue to be a complex challenge for policymakers. Balancing economic interests, diplomatic engagements, and environmental priorities, alongside regional public support for tariffs, will shape future trade policy decisions affecting electric vehicles, renewable energy, and technology sectors globally.

Conclusion

The Biden administration's decision to impose higher tariffs on Chinese electric cars and solar cells represents a strategic response to economic and geopolitical dynamics reshaping global markets. While aimed at protecting American industries and promoting fair trade practices, the tariffs signal a commitment to fostering competitiveness, innovation, and sustainability in critical sectors of the economy. As these measures unfold, stakeholders will monitor their impact on industry dynamics, supply chain resilience, and international trade relations in the evolving landscape of global commerce.

 

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Michigan Public Service Commission grants Consumers Energy request for more wind generation

Consumers Energy Wind Expansion gains MPSC approval in Michigan, adding up to 525 MW of wind power, including Gratiot Farms, while solar capacity requests face delays over cost projections under the renewable portfolio standard targets.

 

Key Points

A regulatory-approved plan enabling Consumers Energy to add 525 MW of wind while solar additions await cost review.

✅ MPSC approves up to 525 MW in new wind projects

✅ Gratiot Farms purchase allowed before May 1

✅ Solar request delayed over high cost projections

 

Consumers Energy Co.’s efforts to expand its renewable offerings gained some traction this week when the Michigan Public Service Commission (MPSC) approved a request for additional wind generation capacity.

Consumers had argued that both more wind and solar facilities are needed to meet the state’s renewable portfolio standard, which was expanded in 2016 to encompass 12.5 percent of the retail power of each Michigan electric provider. Those figures will continue to rise under the law through 2021 when the figure reaches 15 percent, alongside ongoing electricity market reforms discussions. However, Consumers’ request for additional solar facilities was delayed at this time due to what the Commission labeled unrealistically high-cost projections.

Consumers will be able to add as much as 525 megawatts of new wind projects amid a shifting wind market, including two proposed 175-megawatt wind projects slated to begin operation this year and next. Consumers has also been allowed to purchase the Gratiot Farms Wind Project before May 1.

The MPSC said a final determination would be made on Consumers’ solar requests during a decision in April. Consumers had sought an additional 100 megawatts of solar facilities, hoping to get them online sometime in 2024 and 2025.

 

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Yet another Irish electricity provider is increasing its prices

Electric Ireland Electricity Price Increase stems from rising wholesale costs as energy suppliers adjust tariffs. Customers face higher electricity bills, while gas remains unchanged; switching provider could deliver savings during winter.

 

Key Points

A 4% increase in Electric Ireland electricity prices from 1 Feb 2018, driven by wholesale costs; gas unchanged.

✅ 4% electricity rise effective 1 Feb 2018

✅ Increase attributed to rising wholesale energy costs

✅ Switching supplier may reduce bills and boost savings

 

ELECTRIC IRELAND has announced that it will increase its household electricity prices by 4% from 1 February 2018.

This comes just a week after both Bord Gáis Energy and SSE Airtricity announced increases in their gas and electricity prices, while national efforts to secure electricity supplies continue in parallel.

Electric Ireland has said that the electricity price increase is unavoidable due to the rising wholesale cost of electricity, with EU electricity prices trending higher as well.

The electricity provider said it has no plans to increase residential gas prices at the moment.

Commenting on the latest announcement, Eoin Clarke, managing director of Switcher.ie, said: “This is the third largest energy supplier to announce a price increase in the last week, so the other suppliers are probably not far behind.

“The fact that the rise is not coming into effect until 1 February will be welcomed by Electric Ireland customers who are worried about the rising cost of energy as winter sets in,” he said.

However, any increase is still bad news, especially as a quarter of consumers (27%) say their energy bill already puts them under financial pressure, and EU energy inflation has disproportionately affected lower-income households.

According to Electric Ireland, this will amount to a €2.91 per month increase for an average electricity customer, amounting to €35 per year.

Meanwhile, SSE Airtricity’s change amounts to an increase of 90 cent per week or €46.80 per year for someone with average consumption on their 24hr SmartSaver standard tariff, far below the dramatic Spain electricity price surge seen recently.

Bord Gáis Energy said its announcement will increase a typical gas bill by €2.12 a month and a typical electricity bill by €4.77 a month, reflecting wider trends such as the Germany power price spike reported recently.

In a statement, Bord Gáis Energy said: “The changes, which will take effect from 1st November 2017, are due to significant increases in the wholesale cost of energy as well as higher costs associated with distributing energy on the gas and electricity networks.

“In percentage terms, the increase represents 3.4% in a typical customer’s gas bill and an increase of 5.9% in a typical customer’s electricity bill.”

Clark said that if customers haven’t switched electricity provider in over a year that they should review the deals available at the moment.

“The market is highly competitive so there are huge savings to be made by switching,” he said.

“All suppliers use the same cables to supply electricity to your home, so you don’t need to worry about any loss in service, and you could save up to 324 by switching from typical standard tariffs to the cheapest deals on the market.”

 

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Energy-insecure households in the U.S. pay 27% more for electricity than others

Community Solar for Low-Income Homes expands energy equity by delivering renewable energy access, predictable bill savings, and tax credit benefits to renters and energy-insecure households, accelerating distributed generation and storage adoption nationwide.

 

Key Points

A program model enabling renters and LMI households to subscribe to off-site solar and save on utility bills.

✅ Earn bill credits from shared solar generation.

✅ Expands access for renters and LMI subscribers.

✅ Often paired with storage and IRA tax credit adders.

 

On a square-foot basis, the issue of inequality is made worse by higher costs for energy usage in the nation. Efforts like community solar programs such as Maryland community solar are underway to boost low-income participation in the cost benefits of renewable energy.

The Energy Information Administration (EIA) shows that households that are considered energy insecure, or those that have the inability to adequately meet basic household energy costs, are paying more for electricity than their wealthier counterparts. 

On average in the United States in 2020, households were billed about $1.04 per square foot for all energy sources. For homes that did not report energy insecurity, that average was $0.98 per square foot, while homes with energy insecurity issues paid an average of $1.24 per square foot for energy. This means that U.S. residents that need the most support on their energy bills are stuck with costs 27% higher than their neighbors on square-foot-basis.

EIA said energy-insecure households have reduced or forgone basic necessities to pay energy bills, kept their houses at unsafe temperatures because of energy cost concerns, or been unable to repair heating or cooling equipment because of cost.

In 2020, households with income less than $10,000 a year were billed an average of $1.31 per square foot for energy, while households making $100,000 or more were billed an average of $0.96 per square foot, said EIA. Renters paid considerably more ($1.28 per square foot) than owners ($0.98 per square foot). There were also considerable differences between regions, with New England solar growth sparking grid upgrade debates, ethnic groups and races, and insulation levels, as seen below.

The energy transition toward renewables like solar has offered price stability, amid record solar and storage growth nationwide, but thus far energy-insecure communities have relatively been left behind. A recent Berkeley Lab report, Residential Solar-Adopter Income and Demographic Trends, indicates that even though the rate of solar adoption among low-income residents is increasing (from 5% in 2010 to 11% in 2021), that segment of energy consumers remains under-represented among solar adopters, relative to its share of the population.


Community solar efforts

As such, the United States is targeting communities most impacted by energy costs that have not benefitted from the transition, highlighting “Energy Communities” that are eligible for an additional 10% tax credit through funds made possible by the Inflation Reduction Act.

Additionally, a push for community solar development is taking place nationwide to extend access to affordable solar energy to renters and other residents that aren’t able to leverage finances to invest in predictable, low-cost residential solar systems. The Biden Administration set a goal this year to sign up 5 million community solar households, achieving $1 billion in bill savings by 2025. The community solar model only represents about 8% of the total distributed solar capacity in the nation. This target would entail a jump from 3 GW installed capacity to 20 GW by the target year. The Department of Energy estimates community solar subscribers save an average of 20% on their bills.

California this year passed AB 2316, the Community Renewable Energy Act takes aim at four acute problems in the state’s power market: reliability amid rising outage risks, rates, climate and equity. The law creates a community renewable energy program, including community solar-plus-storage, supported by cheaper batteries, to overcome access barriers for nearly half of Californians who rent or have low incomes. Community solar typically involves customers subscribing to an off-site solar facility, receiving a utility bill credit for the power it generates.

“Community renewable energy is a proven powerful tool to help close California’s clean energy gap, bringing much needed relief to millions struggling with high housing costs and utility debt,” said Alexis Sutterman, energy equity program manager at the California Environmental Justice Alliance.

The program has energy equity baked into its structure, working to make sure Californians of all income levels participate in the benefits of the energy transition. Not only does it open solar access to renters, the law ensures that at least 51% of subscribers are low-income customers, which is expected to make projects eligible for a 10% tax credit adder under the IRA.

“The money’s on the table now,” said Jeff Cramer, president and chief executive of the Coalition for Community Solar Access. “While there are groups pushing for solar access for all, and states with strong legislation, there are other pockets of interest in surprising places in the United States. For example, Louisiana has no policy for community solar or support for low-income residents going solar but the city of New Orleans has its own utility commission with a community solar program. In Nebraska, forward-looking co-operatives have created community solar projects.

Community solar markets are active in 22 states, with more expected to come online in the future as states pursue 100% clean energy targets across the country. However, the market is expected to require strong community outreach efforts to foster trust and gain subscribers.

“There is a distrust of community solar initially in LMI communities as many have been burned before by retail energy false promises,” said Eric LaMora, executive director, community solar, Nautilus Solar on a panel at the Solar Energy Industries Association Finance, Tax, and Buyers seminar. “People are suspicious but there really are no hooks with community solar.”

LMI residents are leery to provide tax records or much documents at all in order to sign up for community solar, LaMora said. “We were surprised to see less of a default rate with LMI residents. We attribute this to the fact that they see significant savings on their electric bill, making it easier to pay each month,” he said.

 

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Trump's Canada Tariff May Spike NY Energy Prices

25% Tariff on Canadian Imports threatens New York energy markets, disrupting hydroelectric power and natural gas supply chains, raising electricity prices, increasing gas costs, and intensifying trade tensions, policy uncertainty, and cross-border logistics risks.

 

Key Points

A U.S. policy imposing 25% duties on Canadian goods, risking higher New York electricity and natural gas costs.

✅ Hydroelectric and gas imports face costlier cross-border flows

✅ Higher utility bills for NY households and businesses

✅ Supply chain volatility and policy uncertainty increase

 

President Donald Trump announced the imposition of a 25% tariff on all imports from Canada, citing concerns over drug trafficking and illegal immigration. This decision has raised significant concerns among experts and residents in New York, who warn that the tariff could lead to increased electricity and gas prices in the state.

Impact on New York's Energy Sector

New York relies heavily on energy imports from Canada, particularly electricity and natural gas. Canada is a major supplier of hydroelectric power to the northeastern United States, including New York, with its electricity exports at risk amid trade tensions. The imposition of a 25% tariff on Canadian goods could disrupt this supply chain, leading to higher energy costs for consumers and businesses in New York. Justin Wilcox, an energy analyst, stated, "If the tariff is implemented, it could lead to increased costs for electricity and gas, affecting both consumers and businesses."

Potential Economic Consequences

The increased energy costs could have broader economic implications for New York, and some experts advise against cutting Quebec's exports to avoid exacerbating market volatility. Higher electricity and gas prices may lead to increased operational costs for businesses, potentially resulting in higher prices for goods and services, while tariff threats have boosted support for Canadian energy projects that could reshape regional supply. This could exacerbate the cost-of-living challenges faced by residents and strain the state's economy.

Political and Diplomatic Reactions

The tariff has also sparked political and diplomatic reactions, including threats to cut U.S. electricity exports from Ontario that raised tensions. New York Governor Kathy Hochul expressed concern over the potential economic impact, stating, "We are closely monitoring the situation and are prepared to take necessary actions to protect New York's economy." Additionally, Canadian officials have expressed their disapproval of the tariff, and Ontario Premier Doug Ford's Washington meeting underscored ongoing discussions, emphasizing the importance of the trade relationship between the two countries.

Historical Context

This development is part of a broader pattern of trade tensions between the United States and its neighbors. In 2018, the U.S. imposed tariffs on Canadian steel and aluminum, leading to retaliatory measures from Canada. The current situation underscores the ongoing challenges in international trade relations, where a recent tariff threat delayed Quebec's green energy bill and highlighted the potential domestic impacts of such policies.

The imposition of a 25% tariff on Canadian imports by President Trump has raised significant concerns in New York regarding potential increases in electricity and gas prices. Experts warn that this could lead to higher costs for consumers and businesses, with broader economic implications for the state. As the situation develops, it will be crucial to monitor the responses from both state and federal officials, as well as how Canadians support tariffs on energy and minerals may influence policy, and the potential for diplomatic negotiations to address these trade tensions.

 

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Senate Democrats push for passage of energy-related tax incentives

Senate Renewable Energy Tax Credits face Finance Committee scrutiny, with Democrats urging action on tax extenders, clean energy incentives, and climate policy, while Republicans cite prior wins in wind, biodiesel, and EV credits.

 

Key Points

Legislative incentives debated in the Senate Finance Committee to extend and align clean energy tax benefits.

✅ Democrats press hearings and action on energy tax policy

✅ Focus on clean energy, EVs, wind, biodiesel, and resilience

✅ Grassley cites prior extenders; disputes push for bigger subsidies

 

A group of 27 Democratic senators is calling for action in the Senate Finance Committee on extending energy-related tax credits and examining new tax proposals, especially those that incentivize renewable energy projects and align with FERC action on aggregated DERs across the grid.

Sen. Ron Wyden, D-Ore., the ranking Democrat on the Senate Finance Committee, who recently introduced a wildfire-resilient grid bill with Sen. Merkley, led the group of Democrats in writing a letter Tuesday to Sen. Charles Grassley, R-Iowa, who chairs the committee.

“Despite numerous opportunities, including in the recent tax extenders package, the Finance Committee has failed to take action on the dozens of energy tax proposals pending before it,” they wrote. “It is critical that the Committee move to address these issues in a timely manner, along with much needed policy changes that heed warnings on regulatory rollbacks to combat the damage and growing dangers caused by global climate change.”

The number of Americans ages 65 and over is projected to nearly double by 2060. And most would prefer to age in place and hiresenior caregivers if needed.

They pointed out that the Senate Finance Committee hasn’t held a single hearing on energy tax policy during the previous congressional term, and has yet to hold one in the current one.

“The sole energy tax-related recommendation of the Committee’s temporary policy task forces was ignored in the tax extender legislation passed in December 2019, along with nearly all proposals put forward in members’ legislation this Congress,” they wrote. “This Committee must fulfill its role in examining members’ energy tax proposals and in bolstering our nation’s efforts to combat climate change, including a clean electricity standard approach that sets firm targets.”

They noted that In 2019, the global average temperature was the second highest ever recorded and the past decade was the hottest ever. The lawmakers pointed to raging wildfires and increased flooding in the western part of the U.S., as well as challenges in California’s power system during the transition, causing unprecedented destruction over the past several years. They called for tax incentives for renewable energy to help combat climate change.

“Gaps in the tax code have disadvantaged complementary technologies that could improve climate resiliency and provide additional emissions reductions,” they wrote. “While power sector emissions continue to decrease, emissions from transportation, heavy industry and agriculture have stayed level or increased over the past 10 years, even amid $5 gas not spurring a green shift in consumer behavior. The United States is not on pace to meet its international climate commitments, to say nothing of the reductions necessary to stave off the worst potential outcomes of global warming.”

Grassley reacted to the letter, noting that he had worked to get tax extenders legislation passed, even as some states consider bans on clean energy use by utilities. "I begged Democrats for a year to help me get an extenders package passed, about half of which were green energy policies, so this rings hollow," he said in a statement Tuesday. "We wouldn’t have a wind energy credit or a biodiesel credit but for me, let alone an extension of either. Democrats were holding up these green energy provisions in an attempt to get a big expansion of taxpayer subsidies for rich Tesla owners."

 

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