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Witasick's verdicts split; wife cleared

Friday, November 6, 2009

By AMANDA BUCK - Bulletin Staff Writer

Kevin Witasick, an attorney who once lived in the historic Stoneleigh home in Stanleytown, was found guilty Thursday of health care fraud and not guilty of mail fraud following a four-day trial in Danville, according to court records.

Witasick and his wife, Whitney, were on trial this week before U.S. District Court Judge Jackson L. Kiser of Martinsville on one count each of mail fraud. Kevin Witasick also faced the health care fraud charge.

The judge found both not guilty of mail fraud, court records show.

In the couple’s October 2007 indictment, the government alleged that Kevin and Whitney Witasick committed mail fraud between January 2002 and September 2007, when they wrote and mailed letters to Standard Insurance Co. containing allegedly false information.

The indictment also charged Kevin Witasick with attempting to defraud Anthem Blue Cross and Blue Shield by trying to get group insurance coverage on his company’s policy for a person who did personal tasks for the Witasicks.

Because the Witasicks waived their right to a jury trial, the judge determined the verdict. According to court records, Kiser recessed from 11:41 a.m. to 4 p.m. Thursday before returning with his decision.

This trial was the couple’s second in Kiser’s courtroom this year. In February, Kevin Witasick was found guilty of two counts of tax evasion, two counts of tax perjury and a single count of failure to file a tax return.

Both Witasicks were accused of committing tax evasion when they claimed that they used 75 to 100 percent of Stoneleigh for business purposes. The Witasicks bought Stoneleigh in 1998, and Kevin Witasick operated a law office from the basement of the 15,000-square-foot home. His wife has been described as his office manager.

The couple lived at Stoneleigh, the historic home of former governor Thomas B. Stanley, until 2001. They were living in New Jersey at the time of their trial in February.

The Witasicks also were charged with providing false information on tax returns and failing to file taxes in 2001.

A jury acquitted Whitney Witasick of all charges at the end of the couple’s February trial.

The judge on Thursday ordered Kevin Witasick to remain on bond but released Whitney Witasick from her bond.

A sentencing date has not been set, court records show.

 
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