Footage of Hogan and Heather Clem - the estranged wife of his best friend Bubba the Love Sponge - appeared online last week.
Hogan allegedly tried to file a police report near his home in Tampa, Florida, but officers said they couldn't help him because the tape was recorded in 2006, meaning the four-year statute of limitations had expired on the offence of unlawfully recording the subjects without their permission.
The distribution of the illegal footage to the media - a second offence - was also a federal matter, which left local police powerless.
As a result, Hogan's lawyer has confirmed that the star has contacted the FBI to track down whoever leaked the 60-second clip with the aim of prosecuting them for their actions.
"This tape was made secretly without Hulk's knowledge or permission," said Hogan's attorney David R Houston in a statement released last Friday (October 5).
"We are going to do everything in our power to figure out who did it [and] anyone displaying the tape will be held accountable to the fullest extent of the law."