Incorrect! Zero points!
Jeff Novitsky is an agent with the USFDA. His job is to collect evidence (as a law enforcement officer would do), then present it to federal prosecutors. Prosecutors then present the case to a Grand Jury with the hope that indictments will be issued. FDA investigators:
Who are the OCI special agents?
Novitsky has zero to do with whether there will be a trial (other than the quality and extent of his investigation and subsequent evidence collection). He decides nothing. He's a cop. He can testify before the Grand Jury as well as any petit jury in a subsequent criminal or civil action. Cops interview witnesses on both sides of a case all day, every day. There is no priviledge when a witness is interviewed by an agent.
By the way, jeopardy doesn't attach to Grand Juries so even if indictments aren't handed down, criminal and civil charges can still be filed (although unlikely) and the whole shooting match can start all over again.