Patrick Carlin Hickey, et al. - Page 20

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          required him to refer petitioner’s case to CID in face of that              
          unanswered question.  See id.; see also United States v. Peters,            
          supra at 455; United States v. Caldwell, supra at 1402-1403;                
          Groder v. United States, 816 F.2d 139, 143 (4th Cir. 1987);                 
          United States v. Kaatz, 705 F.2d 1237, 1243 (10th Cir. 1983).               
          As noted by the Court of Appeals for the Sixth Circuit in United            
          States v. McKee, 192 F.3d at 544, courts must defer to the                  
          discretion of a civil agent as to whether and when a criminal               
          investigation is warranted.  See also United States v. Caldwell,            
          supra at 1402; cf. United States v. Michaud, 860 F.2d 495, 498-             
          499 (4th Cir. 1988).                                                        
               Nor do we believe that a violation of IRM section 4565.21(1)           
          occurred when Cox spoke to Voorhees just before Cox’s criminal              
          referral of petitioner.  While petitioners invite the Court to              
          read IRM section 4565.21(1) narrowly to treat any prereferral               
          contact between the two as a violation of IRM section 4565.21(1),           
          we decline that invitation and apply that section as written to             
          preclude “advice and/or direction from CI for a specific case               
          under examination.”  Credible evidence in the record establishes,           
          and we find as a fact, that Cox’s conversation with Voorhees did            
          not involve advice and/or direction from Voorhees as to Cox’s               
          criminal referral of petitioner.  The conversation focused solely           
          on whether CID would accept Cox’s criminal referral of petitioner           
          if Cox expended the time and energy to make a referral on the               






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