Interesting point, "subject of a probe, not a target."
Sincerely asking, is there that much difference?
Another thing I thought about, did Berger more or less assure his own safety, by performing a criminal action in (what seems to be) a blatant way, sure to get caught? In other words, now that he's being criminally investigated, there would be little opportunity to get him unobtrusively out of the picture, a la Ron Brown.
Mr. Brown was planning to blow the whistle, but didn't get a chance to--is Berger safer, now, since there's an investigation out in the press already?
Just a tinfoil thought...