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empire star jussie Smollett surrendered to police in Chicago Thursday the arrest comes after authorities approved felony charges against him including filing a false police report the actor is accused of lying to police when he claimed three weeks ago that he was attacked by two men shouting racist and homophobic slurs but sense than suspicions have grown that the attack was a hoax last month the openly gay actor on the hip hop TV drama empire kicked up firestorm on social media when he told police he was accosted on the streets of Chicago the thirty six year old said they put a noose around his neck imported bleach all over him but his story quickly fell to pieces police have not found any surveillance video of the reported attack which is they have been investigating as a possible hate crime two brothers who were arrested and released in connection with the attack are cooperating with police twentieth century fox earlier issued a statement saying small let's was in not being written off the TV show but that was before he was charged if small letter is convicted he could face up to three years in prison the actors attorneys say they plan to mount an aggressive defense