The FBI and Justice Department prosecutors have concluded that seeking felony charges against retired four-star general David H. Petraeus is appropriate action for his part in allegedly sharing classified secrets with his lover, the New York Times reported Friday.

Officials, who are not authorized to publicly comment on the case, told the Times that they were briefed on the prosecutors recommendations. Attorney General Eric Holder has delayed his decision of whether to seek an indictment that could send  Petraeus to prison, according to the report.

Petraeus was appointed by President Obama in 2011 to head the CIA, but retired three days after Obama was reelected, admitting to an affair with Paula Broadwell, an Army Reserve officer who had been writing his biography.

FBI agents discovered classified documents on Broadwell’s computer, but the 62-year-old West Point graduate insists that he never provided her with classified information.

The retired four-star general, who commanded forces in both Iraq and Afghanistan, is waiting for Holder to decide whether he faces prison.

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