Instead the offender - for a challenge on Jamal Campbell-Ryce - was his twin brother Rafael.
The FA confirmed they have been approached by United and the submission will be heard on Tuesday by a regulatory commission.
The Brazilian twins helped United secure a place in the quarter-finals of the competition thanks to a 2-0 victory.
However the holders finished the game with 10 men after Foy sent off Gary Neville for clattering into Adam Hammill.
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Showing comments 1 to 25 and replies | View All
roykeane, i always wanted to play for city (not!) (29/10/2009 at 14:40)
Chris Foy should ave been the ref in the pool ... at least he was in command of the game. Marriner is a shame for the fa
F.Thys, Belgium (29/10/2009 at 14:46)
with Rafael without anybody noticing.
stevi, france (29/10/2009 at 14:48)
Algernon Blabbermouth, eccles (29/10/2009 at 14:58)
fowler, wythenshawe (29/10/2009 at 15:05)
Jimmy the Gent, The garden shed. (29/10/2009 at 15:26)
Fast track Paul Pogba to the first team and build a new team of fledlings around him.
Blue Benny (29/10/2009 at 15:44)
Was it Neville or Quasimodo
Was it Ferdinand or the Giraffe
Was it Rooney or Shrek
Was it OShea or Will Young
Tick tock,Tick tock, two more years of OBF, Tick tock, It won't be long now. (29/10/2009 at 15:56)
Stick to robbing burger vans.
mark jones (29/10/2009 at 16:18)
Brora boy, Highlands (29/10/2009 at 16:38)
george best_68 (29/10/2009 at 16:45)
hughesy80, London/Manc (29/10/2009 at 16:46)
Jealousy can be a terrible thing.
Rick Jenks, Bury (29/10/2009 at 17:06)
MJR, Manchester (29/10/2009 at 17:09)
Palmer, London (ex Didsbury) (29/10/2009 at 17:13)
Wondrous what the old magic sponge can do now a days.
Whaley Bridge cynic. (29/10/2009 at 17:15)
hughesy80, London/Manc (29/10/2009 at 17:16)
Grow up you muppet!!
I didn't realise there was a rule that said we had to submit this appeal straight after the final whistle. You really need to get a life pal!
Algernon Blabbermouth, eccles (29/10/2009 at 17:43)
Touched a nerve eh?
Another clue....citeh are team where the "superstar" is waving his passport and heading for the airport..gate marked "Barcalona".
The more desperate you areto win a trophy..the funnier you become!
DUB RED, CLONDALKIN (29/10/2009 at 18:10)
Ardwick green 1976, Manchester (29/10/2009 at 19:00)
Is It Me? (29/10/2009 at 20:29)
Knowall, stretford end (29/10/2009 at 20:32)
On the night I said to my mate at Barnsley hes just booked the wrong one and had a laugh, imagine if it would have been a second yellow.
Ardwick green 1976, Manchester (29/10/2009 at 21:03)
be in the shadow of the Reds ,so go suck another lemon you cynical clown
Bill of Bury, Lancashire (29/10/2009 at 21:15)
Unite against the UAF (29/10/2009 at 22:33)