Whether a referral by a governmental official to another official for potential criminal investigation constitutes adverse action under First Amendment retaliation doctrine in the absence of an actual investigation

In light of our current toxic and vindictive politics and a circuit split, under test, does a referral by one governmental official to another governmental official for a potential criminal investigation constitute adverse action sufficient to meet the elements of a First Amendment retaliation claim where there is no indication that the petitioner was ever investigated?