Patrick Carlin Hickey, et al. - Page 13

                                        -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          disfavors the citation of unpublished decisions, the rules of               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

Last modified: May 25, 2011