A report on Metropolitan Police Commander Ali Dizaei has been passed to the Crown Prosecution Service.
The investigation was carried out by the Independent Police Complaints Authority in relation to the arrest of a man at a London restaurant.
Mr Dizaei, President of the National Black Police Association, was suspended by the Metropolitan Police Authority in September.
Three inquiries are currently under way. Mr Dizaei denies any misconduct.
The other inquiries are believed to concern the alleged misuse of a corporate credit card and claims that he advised a defence lawyer in the case of a woman involved in an road traffic accident.
At the time of his suspension by the Metropolitan Police Authority (MPA) it said the action was "not a disciplinary sanction" and "should not be taken as a presumption of guilt".
In 2003 Mr Dizaei was cleared at the Old Bailey of criminal charges relating to misconduct in public office and perverting the course of justice.
He later wrote a book entitled Not One of Us detailing a series of attacks on the force and fellow officers.
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