When the investigation first started, Mr. Sutter told an F.B.I. agent and an investigator from the Department of Health and Human Services’ inspector general’s office that he did not recall speaking with the lobbyist on his cellphone about the reimbursement policy.<quoted text>
Get your panties out of a wad, sugar. No one has been "caught". The investigation is still on going. You sure let your Left Wing sites control your imagination.
What is at issue--
"Sutter, meanwhile, had on the day of the announcement been emailing the Greenberg Traurig lobbyist about the termination of a client from the Medicare program, the SEC said. Both then spoke on the phone for three minutes."
Yes, the SEC is wanting a transcript of a 3 minute phone call. Don't know if that is a big smoking gun--may or may not be. Way to early for you or TPM to make any assumptions.
Now before you turn all BLUE about someone refusing a court order we could discuss Holder and the Fast and Furious Document.
A few days later, a lawyer for the House of Representatives sent a letter stating that “with the benefit of some time for reflection” Mr. Sutter may recall speaking with the lobbyist and that other statements he made “might merit clarification.” That type of admission is a red flag for investigators that they may have caught someone in a lie, making it a potentially fruitful avenue for further investigation.
Typically, the next step in an investigation is to subpoena records about any contacts the person might have had with sources of the information and potential tippees, which usually includes having them testify under oath. Whether the person will actually testify is an open question because a lawyer most likely would advise a client to assert the Fifth Amendment right against self-incrimination to keep from making any further damaging statements.
The S.E.C. tried to obtain information about Mr. Sutter by asking the Ways and Means Committee to voluntarily turn over records related to his government issued cellphone and records of any contacts he had with Greenberg Traurig lobbyists. The committee, however, refused to provide the requested information.