The Los Angeles Police Department is investigating “criminal activity” in the so-called McSteamy threesome sex tape. On Monday, video footage of Grey’s Anatomy’s Eric Dane, his “Noxzema Girl” wife Rebecca Gayheart, and former Miss Teen USA-turned-Celebrity Rehab resident Kari Ann Peniche high out of their minds and in various states of undress hit the Interwebs.

The DVD was allegedly leaked to the press by country star Mindy McCready — Peniche’s former friend — and has since made its way to LAPD. As you may recall, Peniche, 25, was famously stripped of her Miss Teen USA title after posing for Playboy in 2004.

“On July 30, 2009, an unnamed source provided the LAPD’s Detective Support and Vice Division with a copy of a DVD. According to the source, the DVD contained images that could link celebrities engaging in illegal activity,” the department said in a statement Wednesday.

“The LAPD was in the process of reviewing the voluminous files contained on the DVD when the story was leaked to the media. No determination has been made as to whether or not the DVD contained any information that could be used for a criminal investigation,” the press release continued. “Some of the information contained on the DVD included archived articles and photographs of porn stars and formally convicted madams, which could readily be found over the Internet.”

“The LAPD will continue to review the DVD for potential evidence. Therefore, additional information about the contents of the DVD will be treated as confidential.”