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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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