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actor jussie Smollett has been hit with charges for faking a racist attack according to a Chicago police announcement on Wednesday three weeks ago small that said he was beat up by two apparent supporters of president Donald Trump but since then suspicions have grown that the attack was a hoax a police spokesman tweeted felony criminal charges have been approved for disorderly conduct filing a false police report detectives will make contact to negotiate a reasonable surrender for his arrest last month the openly gay actor on the hip hop TV drama empire kicked up a fire storm on social media when he told police he was accosted on the streets of Chicago by two men shouting racist and homophobic slurs he said they put a noose around his neck and poured bleach over him but police have not found any surveillance video of the reported attack which they had been investigating as a possible hate crime two brothers who were arrested and released in connection with the attack are cooperating with the police twentieth century fox earlier issued a statement saying small it was not being written off the TV show but that was before he was charged if small let is convicted he could face up to three years in prison the actors attorneys say they plan to mount a quote aggressive defense