Ryan Lochte and Jimmy Feigen Indicted in Brazil for False Reporting

American swimmers Jimmy Feigen (above) and Ryan Lochte, if convicted, could face up to 6 months in prison or a fine. (Photo Courtesy: Tim Binning/TheSwimPictures.com)

American swimmers Jimmy Feigen (above) and Ryan Lochte, if convicted, could face up to 6 months in prison or a fine. (Photo Courtesy: Tim Binning/TheSwimPictures.com)

American swimmers Ryan Lochte and Jimmy Feigen have been indicted in Brazil for “false reporting of a crime,” according to Brazil’s GloboNews.

The pair face between 1 and 6 months in jail or a fine if convicted. The two were among four American swimmers, including Gunnar Bentz and Jack Conger, who have not been indicted, involved in an altercation at a gas station in Rio de Janeiro earlier this week after finishing competition at the 2016 Summer Olympic Games. The crime was originally reported as a robbery, where Lochte said his taxi was pulled over by an unmarked police car and he and his compatriots were robbed at gun-point.

In video obtained by GloboTV, the group is shown in an altercation with gas station employees. According to Rio police, the altercation involved accusations by the gas station employees that the swimmers had vandalized a bathroom. Later that day (the incident happened early in the morning), the 32-year old Lochte, owner of 12 Olympic medals, told reporters that he was held up at gun-point after his mother apparently leaked the information to international media.

While Lochte has remained steadfast to his story, including in an interview on Wednesday evening with NBC’s Matt Lauer, Rio police say that no such robbery happened, and instead it was gas station security guards who confronted the group about alleged damage done to the bathroom facilities.

Rio police have confirmed that the security officers did have guns.

The owner of the gas station has not filed charges against the swimmers as of Thursday and so there are currently no charges for the property damage, which carries the same penalty guidelines as does the false reporting.

Lochte is the only of the four Americans who was able to leave the country before Rio police announced that the stories didn’t add up to evidence that they were finding. A Brazilian judge has ordered Feigen to surrender his passport (as well as Lochte, though Lochte had already left the country); while Bentz and Conger were pulled off a plane on Wednesday to be questioned by Brazilian police. During that questioning, which continued into Thursday, Bentz and Conger admitted that Lochte fabricated that the group was robbed.

Bentz and Conger are not expected to be indicted because they never filed any report about the alleged incident.

Lochte has not made a statement since this morning’s accusation by Rio police that the story was fabricated.

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229 Comments on "Ryan Lochte and Jimmy Feigen Indicted in Brazil for False Reporting"

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Brute Bradford

Under Brazilian law, it’s not possible to indict on the charge of a false police report unless a witness has filed an official report under penalty of perjury. No such report occurred. Thus, there is no basis for an indictment. Except when Brazil is making up the rules as they go to create a narrative to cover up their crime-infested, corrupt country.

Brute Bradford

The only crime here was the brandishing of a firearm in a robbery. No charges have been filed in, nor has there been any official investigation of, any alleged vandalism. So this is bogus.

You cant say they didn’t have some culpability in this. Shouldn’t have had guns drawn on them but this is cause and effect relationship. Might have been a different cause and effect, had they been in another country but they’re not completely innocent here either

Brute Bradford

Not saying they weren’t in the wrong place at the wrong time, and even possibly jerks. But there is no basis for an indictment under Brazilian law, and everyone knows it.

Você é advogado, possui OAB, ou é servidor da justiça brasileira, ou do executivo brasileiro?

i think you keep applying US laws for brazilian laws

Brute Bradford

I’ve read the Brazilian code, and there has to be an official investigation of a crime, and someone has to make a knowingly and materially false statement to police or a court in the context of an official investigation for the relevant statute to apply. The facts don’t fit Brazilian law here.

there seemed to be an investigation if lochte and feigen talked to cops earlier in the week, no?

Who at that time determined the boys were not lying. Subsequently, the ones PROVEN to be lying were the Brazilian authorities.

i don’t think lochte/feigen have to initiate it for it to be a complaint… their comments in the press got this rolling.

They were ROBBED and the Brazilian authorities ensued to COVER IT UP. Those are the VERIFIABLE facts. That used to count for something once upon a time.

Scott Morgan

Victor P, your conspiracy theories are kind of disturbing. There was no cab stopped by a gunman as Lochte himself reported. That IS verifiable. If the vandalism claims turn out to be true–a broken door, or disgraceful public urination on someone’s property then Lochte’s little lie becomes becomes a story of active aggressors in the situation.

NONE of the video footage shows any of the boys breaking down a door. They were stopped at a gas station and then drawn aside out of camera range (in the original footage), and Lochte is clearly raising up his hands which either happens when somebody points a gun at you (which was subsequently confirmed to have occurred – 2 “security” guards doing it). The full footage is totally a description of Ryan’s account – guns were drawn, cash was taken. If there was a real crime of vandalism committed with corroborating evidence, at worse it would be a minor infraction compared to falsely reporting a crime in a public way, which would require an in depth investigation. Furthermore, why… Read more »
Scott Morgan

lol….

They didn’t report it to the police, that’s the problem. They also didn’t report it to US authorities, which is why IOC and USOC were clueless when asked by the media. The only person Lochte told was his mother who told the press. That’s how the cops found out and the reason they found out so late.

Uh, no they are not verifiable facts. Apparently you have not viewed the gas station surveillance video.

Steve Schaffer
The crime being investigated was the “robbery” that Lochte himself reported. In offering the false story to the police who were investigating the “robbery” Lochte and apparently Feigen knowingly and materially reported the false story about the “robbery” to the police. Security guards in Rio are permitted to be armed and use their weapons in accordance with their security responsibilities, so it should not be a surprise that they pulled their gun to make the guys stay and resolve the problem. The lesson here for all swimmers is to have the character and the maturity to own and be honest about their mistakes and not to lie to the police. A relatively minor incident that was essentially handled with the… Read more »
David Berkoff

Well stated Steve.

Attila the Hunt

Steve, thanks for the best comment in this whole drama!

Yes, much to learn from this, but common sense hardly ever prevails when possible alcohol & fatigue are factored in. We may not know all the facts but Owning up to this situation and this would not be an ugly talking point. good to share with all.

I am Brazilian and his comment is the wiser I read here, congratulations we Brazilians are not animals but very kind people, we have the greatest respect for Americans and this mistake here is an error anywhere in the world.

new swim fan

We had a fabulous time in Rio and found our hosts absolutely the friendliest and most hospitable people ever. Brazilians are kind, supportive, great fans and fun to be with. They cheered loudly for all the athletes, tried hard to be helpful even with language barriers, the food was fabulous and we couldn’t have had a better time.

DontBlameItOnRio
As David Berkoff said, Thank you Steve!!!! You very clearly expressed the way I feel. As I had stated earlier, I imagined that this had all started as a result of a little lie, and that those involved thought their little secret could be kept forever. Two things leave me bewildered- 1. That there are swim fans out there who will defend the JEAH!!!! to the grave…. even after watching his reality show or listening to his sister post Beijing…. Or listing to the details of the case and the changes in the story…. He’s a phenomenal and gifted and kind hearted swimmer but there’s no correlation between athletic performance and common sense. 2. That the parties involved would let… Read more »

And the other half are ignoring all of the inconsistencies in the story from the Brazilian police. And ignoring the fact that the Brazilian police are the one that actually have an incentive to lie.

No, that doesn’t make any sense. The guys were in a taxi – what were they going to do flee on foot in a strange city so they can be chased by cops? For real? Question: how many of you have had 2 “security” officers draw their guns on you for allegedly breaking down a bathroom door when all they needed to do was call the police. I have to assume those 2 guards were NOT police officers, otherwise they would have filed a report – as per the requirement of the law. Instead, they pulled them off camera, can be seen waving a gun at Americans who clearly are not showing any attempt of resisting arrest – “hands up”.… Read more »
Thinky Thinky

Ok dude, WHO are you, Victor P? What evidence do you have to corroborate Lochtes initial story?
All this harsh defense and conspiracy touting is based on your’ actual knowledge’ of what happened.
Problem is, bro, that you were not there… You don’t know what happened. The funny thing about what people say is that people lie.

Not saying you can’t believe what you want, but you’re straight attacking people at this point on 3 separate boards I’ve seen now. Let it go for God’s sake.

They DID call the police. The police had not yet arrived. Security guards are armed here in the states and do draw their weapons.

Steve, I’ve been to Rio on business many times. It’s a dangerous city…period. You’re not being realistic here. Misdemeanors (if that really happened…sickens me that you would assume that) aren’t usually ‘settled’ by security guards at gunpoint. That is the real issue here.

Steve Schaffer

Dan, I never said Rio was not a dangerous city. Clearly, when any number of businesses have armed security guards to protect the business and their patrons, normality is dangerous. All four of these athletes were made aware of the danger and acted indifferently to that reality.

That Rio is dangerous is not the point. A story was told and doubled down on that was not true. A completely avoidable incident has become an embarrassing international incident. Grown men who should have conducted themselves as such, did not. That’s the point.

If the evidence proves the firearm was used as a threat – then it’s still corruption. Both sides don’t add up, so I’m not going to believe the Rio Police until the everyone can verify the details.

Attila the Hunt

No one has ever used firearm in USA?

Uh, why do you think security guards carry firearms, for show? If the cops are called and people try to leave after vandalizing a business, yeah security will try to keep you from leaving.

Scott Morgan

Brute, I guess you don’t find false reporting to be criminal. Remember, it was Lochte who went on air to say the cab had been pulled over before they were robbed. Video shows this to be false. He lied. Case closed.

Brute Bradford

False reporting is a crime. But the elements of a false report are not present here–material and knowing falsehood.

Scott Morgan

How do you figure that? Car not moving = car not stopped by gunmen. Numerous changes of stories and details = willful and knowing falsehood. Vandalism? If there’s proof on that then they are criminals in action.

Brute Bradford

That’s the key–let’s see the proof of vandalism. We already know the use of firearms occurred and isn’t warranted even by the police procedure on the escalation of force in effect for the Rio PD.

If the police used guns to get them to pay off them/the gas station, wouldn’t that be bribery?

Attila the Hunt

The gas station manager called the police, the swimmers didn’t want to wait until the police arrive so they settled and paid up a very paltry $50 for the damage.

It would have been a non-event had Lochte not concocted the whole robbery story.

Security keeping vandals from leaving after police are called makes sense. You should probably look up the definition of bribery.

Are we going to hold the Brazilian police accountable for their lies?
Until this morning they denied the incident took place. Today we learn they were there when it happened.
Earlier today they said no weapons were aimed at the swimmers. Later we learn they were.
They claim the video proved that they broke down a door and urinated on a wall. The video provides no evidence of such acts.

I don’t understand why we are so quick to distance ourselves from our swimmers when the Brazilian police’s stories has just as many, or more, holes and they are the ones that actually have an incentive to lie here.

Where did you get all this crap? Who denied the incident took place? What incident are you talking about? A robbery; vandalism?

Cynthia mae Curran

Hey, stop putting down Brazil, parts of Detroit and Chicago have crime as high.. At least Brazil’s excused its a third world country while not so with Detroit or Chicago.

Brute Bradford

And there is horrible corruption in both places, including by the cops.

And if this story revolved around Detroit and Chicago, we would actually be talking about their corruption! But your statement is irrelevant. There’s a thousand other places on the planet that are corrupt. THIS incident is about American athletes who were robbed in Rio.

This is just like the child who gets caught doing something bad and then to deflect their responsibility they blame their sibling for something they did last year – which likewise got punished!

SMH.

You probably should take your fan boy glasses off so you can see a little more clearly.

Not true Cynthia Mae Brazil is second to only Syria in number of deaths… at 60,000 it is in the war zone category

I think Cynthia was talking in per capita terms.

You can’t use absolute numbers to compare areas of different populations. That is poor statistics.

Cynthia mae Curran

Hey, stop putting down Brazil, parts of Detroit and Chicago have crime as high.. At least Brazil’s excused its a third world country while not so with Detroit or Chicago.

Cynthia mae Curran

Sorry, for double comment.

Funny no one has said anything about the fact that Bentz and Conger admitted that Locke made the story up.

completelyconquered

Because it’s not a fact. There’s an AP report from an anonymous Brazilian official.

Lochte: 32 going on 12.

Sorry to inform you, but it looks you don’t know much about Brazilian law:
If the robbery was registered by a police officer and there was a deviation from the original statement, the officer could indict him based in his statement.You can’t lie to an officer in a crime report.

there you go

Wahooswimfan

Unless they wrote it down in English or the interview was taped, translation difficulties may make it difficult to convict them – they may not have understood the questions, the interviewers may not have clearly understood the answers, and any written report may not accurately reflext the discourse. Best to just apologize for misunderstanding – the guards may have been within rights under Brazilian law to detain them with guns, but the swimmers may not have known that and felt like the “payment” was extorted at gunpoint and thus a robbery. This continued publicity does no good for eithe rthe swimmers or Brazil,

Brute Bradford

Remember, Brazil kept insisting there was no robbery, so which is it? You can’t register an incident report of a robbery and simultaneously claim there is no robbery. And under Brazilian law, a false statement has to be material, knowingly false, and made directly to law enforcement or a court in a formal investigation. A statement in the media does not suffice.

The statement that there may have been no robbery came after the report was filed and after the first surveillance was seen. That’s when the judge stepped in. They never “kept insisting that there was no robbery”. They treated it as a robbery at first, until holes started appearing in it.

Bottom line – they were robbed and that was NEVER a lie. The rigorousness with which the Brazilian authorities FABRICATED their stories to make the victims out to be the criminals – now that one’s EPIC.

Attila the Hunt

How were they robbed?
They were told to pay for the damages they caused to private properties.

Look up the meaning of robbery in dictionary.

Brute Bradford

Robbery consists of an assault, which is imminent apprehension of a battery (unwelcome touching, however slight), coupled with a larceny (theft). This occurred here by definition.

Attila the Hunt

What theft?
They damaged private property, the manager called the police and told the swimmers to stay until the police arrive. The swimmers paid up because they didn’t want the police to arrive and they created scandal (which, tragically, went on to occur anyway thanks to Lochte).

How do you know it occurred? That’s what is being investigated.

How do you know all this? Were you there? Your absolute statements don’t make sense.

more backstroke

So just dismiss the whole thing and Lochte etc.. should not have any sort of consequence for their actions is what you are saying?

Brute Bradford

Even if they’ve done nothing wrong whatsoever, they will be paying for this night for the rest of their lives. Their reputations are in tatters, and every future story ever written about them will include words to the effect that they “lied in Brazil about being robbed,” regardless of whether that’s true. That’s how cyberspace works now. It’s awful.

apply the same logic to brazil- they are gonna get raked over the coals for being a ‘third world country’ and disaster host, while most of the country is quite pleasant to visit (this is from multiple friends who’ve traveled there frequently), and and the games have gone off largely without problems that don’t happen at any and all games.

but again- ‘merica!!! screw them brazilians!!!

“The games have gone off largely without a hitch.” Tell that to the Australians. Rooms not ready. Cyberhacked. Robbed at gunpoint. Pretty much without a hitch.

The rooms for everyone else were “fine”. They were hacked from abroad, not in Brazil. Two swimmers robbed because they violated some very basic safety rules – oh, and were sanctioned for it, and had the good grace to shut up about it. C’mon.

Green pool water? Ever see a pool have to be drained at an Olympics? Ever?

No, but I have seen a bomb go off in Atlanta and vaguely remember Israeli athletes getting executed in Munich.

Give it time. Rio’s not over yet.

BananaPants

I have coworkers who are from Brazil and according to them it IS pretty much a third world country. They love it, but it’s undeniable that it is still a developing economy with much greater economic inequity than the US and substantial police/government corruption.
Many large corporations provide armed guards for their employees who visit Rio on business, due to foreigners being targeted for theft and armed robbery/mugging.

Attila the Hunt

Brazil is just like most of the countries in the world. World is not equal to USA.
And your point is?

Brazil is neither a third world nation (that terminology is inaccurate and outdated, by the way) nor a “developing” economy. They have the ninth largest GDP in the world – ahead of Canada, Australia, Russia, the Netherlands, South Korea, and most other nations. They, like all countries, have some serious issues, particularly in large urban centers. Life is more complex than your simple summary statements, including here in the US where a substantial number of people still live in poverty.

more backstroke

It’s awful. Yea, I’m all broken hearted about someone who blatantly lies at the cost of others over their being shamed on the internet.

Except, of course, that they didn’t lie about being robbed and only “possibly” misrepresented a few details. They were then subsequently PERSECUTED for exposing Brazilian corruption to all.

Yeah, they’re just awful! Getting robbed at gunpoint and then DARING to report it. For shame.

yes, because ‘merica!!! and since some bad things happen in brazil they deserve nothing! nothing i tell you!!!

Brute Bradford

IF it’s true that they committed vandalism, the police could have issued civil citations to appear in court or arrested them on misdemeanor charges. In neither case would it have been necessary or lawful to draw firearms and hold them at gunpoint. Moreover, for police to accept cash or other valuables while holding suspects at gunpoint is….drumroll….ROBBERY. It doesn’t matter that they’re police. Robbery is the fourth most serious crime. This is the story, not the remote possibility that there was any vandalism (and no evidence has yet been produced that there was any vandalism).

Steve Schaffer

The police did not take any money. The money was paid to the gas station manager. The gas station security guard(s) had the gun and worked with a translator and the athletes to resolve the damages.

The police were not involved until AFTER the “robbery” was reported. There were witnesses including probably one or more of the athletes who have since verified what actually happened.

Brute Bradford

The police were effectively agents for transfer of valuables, and did so using firearms unlawfully. That’s robbery.

Where does it mention the police using guns at any point in the story. Not even Lyan Lochte said that.

Brute Bradford

The video shows the pointing of a weapon into the taxi at Lochte.

Attila the Hunt

I did not see a weapon.

You need to check your eyesight.

The video, at least the portion of the one I saw tonight on CNN, also shows the poster being ripped off the wall of the alleyway leading to the bathrooms, by one of the four US Swimmers….that Mr. Bradford is vandalism, in any country. Additionally, one of the US Swimmers is seen pulling money out of his wallet immediately after exiting the taxi, on the passenger side of the taxi, away from where the security guard with the gun was. It has been established that the amount of money “left at the scene” was $50 US plus $100 Brazilian (about $20 US). It is much easier to believe this relatively paltry sum was “left” as payment for damages that occurred,… Read more »

Seriously, catch up here. The police were not there. A security guard working for the gas station was there. Multiple media outlets clearly state the police were called, and showed up AFTER the swimmers had left.

THE POLICE DIDN’T TAKE ANY MONEY! THEY WEREN’T THERE YET!

You’re a bit obsessed and factually light on your feet here. The police did not accept anything. The story, as told in multiple media outlets, is that the gas station owner accepted money for damages. As to the presence or absence of evidence – what makes you so entitled to think that they need to present it to you? You have no idea what evidence Brazilian authorities have or do not have. You know who does know? The swimmers’ legal representatives, the Brazilian authorities, and likely the US consulate. You know. The people here that actually count.

David Berkoff
They paid for the damage before the police showed up. If the store owner was inclined to not press charges and just get these guys out of there for the cost of repairs that’s his prerogative. Brute, you are still stuck on the idea that security cannot pull a gun. They can in Brazil and in the US. The point is that Lochte clearly exaggerated what happened and doubled down on the claim after being questioned. He should have just kept quiet and taken ownership of the fact that they were drunk, did something stupid and it cost them a few bucks to make it right. Instead he’s created a very serious international incident that has given the performance of… Read more »
Scott Morgan

Aggrees, Mr. Berkoff.

Attila the Hunt

Thank you Mr. Berkoff!

Oh, and you were a great backstroker too! 🙂

I am in total agreement with Mr. Berkoff here and want to add one more thing. This wasn’t just a black eye to the performance of the US National team. This is a black eye to swimming, the USOC and the USA. What could have been a great opportunity to grow the sport of swimming probably faces a serious setback…just my opinion

Attila the Hunt

Holding suspects at gunpoint?

Where’s your evidence?

Give it up Victor.

https://swimswam.com/rio-police-confirm-bathroom-vandalism-guns-drawn-swimmers/

Did you miss that story?

Are you STILL not going to acknowledge it?

The gas station manager called the police. Security was there to keep them from leaving until police arrived and the money was paid to the gas station manager. When the money was paid they got in the taxi and left. It’s on the tape. Gee, wonder where the part is where the taxi was stopped by an unmarked car and robbed? That was Lochte’s original story. That gun cocked at the forehead part changed too.

MIKE IN DALLAS

There is stupidity, there is moronic, and then there is. . . . . . .THIS!

Scott Morgan

Your statement applies quite well to what many of us have thought about Lochte for some time: there’s stupid, there’s moronic, and then there’s Ryan.

Mixed emotions on this one. They definitely did something wrong and should be punished for that. They shouldn’t have had a gun drawn on them to make them stay…but then again, your not in Kansas anymore

Attila the Hunt

If only the swimmers had just paid up for the property damages they caused and then shut up about it, this is not even an event.

Based on the video, can you actually point to evidence of anything they did wrong? Couldn’t it be plausible that this was a setup to extract cash from Americans at gunpoint, seeing as they didn’t themselves (the gas station, nor the “security” officers, nor the taxi driver who mysteriously cannot be located) report a crime to the police. And what motivation would Lochte have in reporting this to the police himself – please investigate the topic so that you find out all the evidence that me and my buddies vandalized a gas station that has video evidence of what we did? Lochte’s account of what happened to Matt Lauer matches up exactly with what the full video footage shows. So… Read more »

Take your fan boy glasses off for God’s sake.

The video, at least the portion of the one I saw tonight on CNN, also shows the poster being ripped off the wall of the alleyway leading to the bathrooms, by one of the four US Swimmers….that Mr. Victor P is vandalism, in any country. Additionally, one of the US Swimmers is seen pulling money out of his wallet immediately after exiting the taxi, on the passenger side of the taxi, away from where the security guard with the gun was. It has been established that the amount of money “left at the scene” was $50 US plus $100 Brazilian (about $20 US). It is much easier to believe this relatively paltry sum was “left” as payment for damages that… Read more »
Attila the Hunt

Or… Lochte shouldn’t have lied.

That’s all.

Oh, he shouldn’t have fled and left behind his comrades, too.

Uh, in the US security can draw firearms to keep you from leaving the scene.

About Braden Keith

Braden Keith

Braden Keith is the Editor-in-Chief and a co-founder of SwimSwam.com. He first got his feet wet by building The Swimmers' Circle beginning in January 2010, and now comes to SwimSwam to use that experience and help build a new leader in the sport of swimming. Aside from his life on the InterWet, …

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