CHICAGO (CBS) — It’s official: embattled actor Jussie Smollett is not returning for the final season of “Empire.”

The head of Fox Entertainment made the announcement to a group of television critics Wednesday, confirming series co-creator Lee Daniels’ decision to drop Smollett.

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The Fox chief said the network wanted to make sure they had all the information before making a final call.

Smollett was accused of staging a hate crime attack against himself in Chicago. Prosecutors eventually dropped the charges.

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Also, learned Smollett recently sold his California home at a loss.

According to ‘Variety,” Smollett sold his Studio City bungalow for about $1.65 million. That is $30,000 less than he paid for it a couple of years ago.

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The 2,600 square foot home was not listed for public sale, but property records show the deal closed July 15.