Ya, I take your point, but I don't think it really is hair splitting unless one of the following is true: A) The base rate of consent-decree breaches resulting

Ya, I take your point, but I don't think it really is hair splitting unless one of the following is true: A) The base rate of consent-decree breaches resulting in a criminal contempt charge is high, which I very much doubt that it is. B) There is some information about this particular case that makes a criminal contempt charge likely. This could be true, but the article makes no attempt to demonstrate it. Failing one of these things being true, I don't think it's fair to refer to it, at this stage, as a 'criminal investigation'.