Lochte will be informed in the United States so he could decide whether to introduce a defense in Brazil, and the indictment will also be sent to the International Olympic Committee’s ethics commission, authorities said in a statement.
Lochte’s spokesperson, Melissa Nathan, said the swimmer had no comment.
The summons is expected soon, as civil police in Brazil said they will complete their investigation into Lochte’s initial claims this week. The findings will then be sent to state prosecutors, who will, in turn, pass them on to a federal U.S. law enforcement agency, which will notify Lochte, according to Fox.
Subsequently, a Brazilian judge demanded Lochte and Feigen’s passports – but Lochte had already left the country.
Feigen paid a nearly $11,000 “donation” to have his passport returned and charges dropped. Bentz and Conger were pulled off a plane headed back to the U.S. for questioning, but were ultimately not charged in the incident.
David Kubiliun of Greenspoon Marder’s criminal law practice group in Florida tells PEOPLE that if Lochte were his client, he wouldn’t advise the swimmer to return to Brazil.
WATCH: Speedo and Ralph Lauren Drop Ryan Lochte Amid Rio Scandal
“If he were my client, I would not advise Lochte to return,” says Kubiliun, who is not involved in the case. “At this point, Lochte has nothing to gain and all to lose, particularly since: There may be no real legal consequence or penalty if he fails to appear; making a false police report, the offense for which he seems to face the most criminal exposure, is not an extraditable offense per the extradition agreement between Brazil and the U.S.; and any statements or testimony Lochte may provide will likely be used to further incriminate and embarrass him.”
Further, Kubiliun says that it’s “questionable whether Brazil would be pursuing this case so doggedly had this involved a non-celebrity.”
“Either way, Lochte will not be extraditable unless he were to be charged in Brazil with an offense that is listed in the extradition treaty between the US and
Brazil,” Kubiliun tells PEOPLE.
Lochte has subsequently faced backlash for making the false claims, and was dropped by several sponsors, including Speedo and Ralph Lauren. He is facing further punishment from the U.S. Olympic Committee.
For much more on the aftermath of the Ryan Lochte scandal, pick up the latest copy of PEOPLE, on stands Friday.