-13- 1651 (2000). Petitioner asserted that the petition should be granted because the Commissioner had developed the criminal case in the guise of a civil investigation even after the civil investigation had uncovered firm evidence of fraud. Petitioner asserted that one of the Commissioner’s civil investigators (Cox) had improperly collaborated with one of the Commissioner’s criminal investigators (Voorhees) before petitioner’s case was referred to CID. Petitioner asserted that the Commissioner had improperly conducted a criminal examination under the guise of a civil examination. The District Court denied petitioner’s petition, and that denial was affirmed on appeal. See Hickey v. United States, 92 Fed. Appx. 317 (6th Cir. 2004).3 OPINION Petitioners move the Court to exclude from evidence all of the proffered evidence because, they argue, Cox and Voorhees disregarded petitioners’ constitutional rights by criminally investigating petitioner under the guise of a civil examination 3 While the Court of Appeals for the Sixth Circuit generally disfavors the citation of unpublished decisions, the rules of that court allow such a citation for the purpose of establishing res judicata, estoppel, or the law of the case. See 6th Cir. R. 28(g).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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