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Lawyer Kevin Toohig will not be charged in connection with an ongoing investigation into the theft of up to $10 million from the Colorado Department of Revenue, the Denver district attorney’s office said Tuesday.

Toohig, 38, of Cleveland was arrested May 1 for investigation of theft and criminal conspiracy and was released from custody on a $10,000 bond.

Lynn Kimbrough, spokeswoman for District Attorney Mitch Morrissey, said Tuesday that no charges are being filed against Toohig, and his bond is being released.

He was to have appeared in Denver County Court today. Michelle Cawthra, 30, a former state Department of Revenue supervisor, and Hysear Don Randell, 40, a self-described entertainment promoter, are charged in the alleged scheme.

Authorities have said that Cawthra funneled millions of dollars to Randell, who investigators have described as Cawthra’s boyfriend.

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