UPDATE: Ryan Lochte has been charged with making a false statement following his story about being robbed at gunpoint during the Olympics, Brazilian police said.

“The US swimmer was charged with the crime of falsely reporting a crime,” police said in a statement on Friday (AEST), adding that the case had been referred to the courts.

The police recommended that the courts summon Mr Lochte, 32, for questioning.

“Once he is summoned, whether he turns up or not, the penalty is the same: one to six months’ prison,” Rio police official Clemente Braune was quoted as saying by news website G1.

“If he is summoned and does not turn up to the hearing, the trial will go ahead in the accused’s absence until the final sentence is given.”

Earlier, Fox news quoted Detective Clemente Braune saying that while there would be no penalty for him not appearing in front of the Justice Department, if he doesn’t, he won’t be able to engage in a plea deal.

Detective Braune told NBC news that police are closing their investigation into the criminal case this week and will recommend prosecutors take up the case.

A formal document is expected to sent to a US court asking for cooperation in summoning the swimmer to Brazil.

Lochte has apologised for his behaviour after being caught out in a lie when footage was released of the men in a confrontation with armed security guards at a service station after a night of drinking and clubbing. But the men will only admit to “embellishing” their story.

One of them, Jimmy Feigen, has since donated around $11,000 to a Brazilian nonprofit sports organisation to settle any potential legal action.

Lochte’s world has unravelled since the events at Rio, with all four of his sponsors deserting him. He may have died his outrageously bleached hair back to brown, but he can’t escape world headlines that he’s lost his speedos.

And he has become rich fodder for comedians …. watch this Late Show parody posted by Stephen Colbert on YouTube.