Department of Justice officials won’t prosecute an unnamed senior FBI executive who ordered subordinates to create false records saying she had recused herself from dealing with the contractor that employed her husband, according to the Department of Justice (DOJ) Inspector General (IG).

The IG investigation found that the FBI executive never disqualified herself and created the “appearance of a conflict of interest” by failing to obtain a waiver allowing such involvement. She then directed subordinate employees to “draft official records stating that she was recused from matters involving the contractor, when in fact she took no official action to do so or to obtain the required waiver,” the IG said.

The IG did not describe the specifics of the executive’s involvement with the contractor. The IG also found the FBI official failed to report the source of her husband’s income on annual ethics filings from 2010 to 2014, as federal ethics regulations and FBI policy require. (RELATED: DOJ Watchdog Investigating How The FBI Handled Clinton Emails Before Election)

But the DOJ declined the IG’s referral to prosecute the executive, leaving punishment to the FBI.

“We generally do not comment on the factors that led to a prosecutorial decision in specific cases,” said DOJ spokesman Marc Raimondi. A spokesman for the FBI declined to comment on the case.

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