ABC(CHICAGO) — A previously unreported misdemeanor complaint about Empire actor Jussie Smollett surfaced on Tuesday, related to an arrest for driving under the influence 12 years ago.
According to the complaint, Smollett — who claims he was the victim of a racist, homophobic attack on January 29 — was pulled over by police in 2007. He told police his name was Jake Smollett — who is actually his younger brother — and signed Jake’s name on the written promise to appear in court.
Smollett was charged with providing false information to law enforcement, driving under the influence and driving without a valid license. He pleaded no contest and completed an alcohol education program, NBC News confirmed at the time.
Brothers Olabinjo and Abimbola Osundairo have claimed they helped Smollett concoct the alleged January 29 assault after he became upset that a letter threatening him, which had been sent to the Empire show's studio, did not get enough attention, sources told ABC News on Monday.
The pair told investigators that Smollett paid them to help him orchestrate and stage the "attack."
Police have not independently verified the allegations, a law enforcement official briefed on the investigation told ABC News.
The Osundairo brothers agreed to cooperate with authorities after detectives confronted them with evidence that they bought the rope that Smollett claimed was put around his neck "like a noose."
The FBI and the U.S. Postal Inspection Service are currently investigating whether Smollett played a role in sending the threatening letter himself, two federal officials confirm to ABC News.
The letter, which was sent Jan. 22, is currently in the FBI crime lab for analysis, one of the sources said.
A spokesperson for Smollett said Monday the actor's attorneys are keeping an active dialogue going with Chicago police on behalf of the actor.
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