Grand jury indicts Kellogg

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— A federal grand jury in Denver indicted Brooks Kellogg on two counts late Wednesday, constituting an addition to original charges in the high-profile case involving an alleged murder-for-hire attempt.

The U.S. Attorney’s Office said today that potential penalties for the two counts total up to $500,000 in fines and up to 30 years in prison. An indictment is a formal accusation of a crime.

Kellogg was arrested Oct. 19 at Denver International Airport on suspicion of trying to pay for the killing of a Florida man who settled for $2.5 million in a lawsuit against business entities owned by Kellogg and a Steamboat business partner.

Since that arrest, the U.S. Attorney’s Office had stated that Kellogg was charged with one count of use of interstate commerce facilities in the commission of murder-for-hire. If convicted, the office had stated, he could be sentenced to as many as 10 years in prison and fined as much as $250,000.

The stakes rose today.

According to a news release from Attorney’s Office spokesman Jeff Dorschner:

“Count one of the newly obtained indictment states in part that on October 19, 2010, Kellogg traveled from Minneapolis, Minnesota to Denver, Colorado, with the intent that the murder of a Florida man be committed, in exchange for money. The penalty for count one is not more than 10 years imprisonment, and up to a $250,000 fine. Count two of the indictment states in part that on that same date, Kellogg, with the intent that another person engage in conduct constituting a felony that has as an element of the use of physical force against another, in violation of the law, and under circumstances strongly corroborative of that intent, did travel across state lines with intent that a murder be committed. The penalty for count two is not more than 20 years in federal prison, and up to a $250,000 fine.”

Kellogg, from Chicago, is the managing member of Chadwick Real Estate Group in Steamboat Springs and owns the Old Pilot Building at 1041 Lincoln Ave. He also owns a home overlooking Rollingstone Ranch Golf Club.

His arraignment is scheduled for 10:30 a.m. Friday in U.S. District Court in Denver, in the courtroom of U.S. Magistrate Judge Kristen L. Mix.

Kellogg remains in custody in a federal detention center in Englewood. Mix ruled Monday that Kellogg would be held without bail.

— To reach Mike Lawrence, call 871-4233 or e-mail mlawrence@steamboatpilot.com

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