That infomation has not been released and may not due to the controversy it has caused. People who call Phelps a national hero may just as well call the photographer a trader to his/her country.
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Here's the original article:
http://www.newsoftheworld.co.uk/news/150832/14-times-Olympic-gold-medal-winner-Michael-Phelps-caught-with-bong-cannabis-pipe.html

Not quite sure on the reliability when referencing the source, but:

http://open.salon.com/content.php?cid=97923
"Michael Phelps might be in trouble, but he's in pretty high end company, scandal-wise. The reporter who broke the Big Bong Story is Georgina Dickinson, the US Editor of the English tabloid News of the World. She's the scandal-monger who brought us Sarah Palin in a hot red swimsuit, comparing her to Pamela Anderson and hit us with the latest dirt on Amy Winehouse.

How she got the smoky exclusive on Gold Medal Mike, however, isn't really a mystery. All you have to do is read the vitriolic frat boy quotes in her article to know the photos and story came from disgruntled students at the University of South Carolina, where Phelps went to visit a girl and party hearty. They snapped a few good shots of Phelps and then shopped them around to the highest bidder on the Internet. "

From the sounds of it, the picture was sold directly to NOTW.
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