Cristina Teuscher has vehemently protested her innocence after her 'mistake' led to the US team's disqualification from the 800metres relay and resulted in Great Britain claiming the gold.
Racing at number two in the US relay team, Teuscher was accused by FINA referees of leaving the blocks a fraction too soon, before her team-mate had hit the touchpad on the wall.
The Australians and Americans finished first and second but both were disqualified - the Aussies for jumping back in the pool to celebrate the win before the last-place Italian swimmer had finished.
The US team were disqualified for the illegal relay change, a charge denied by team management and Teuscher, who say the Marine Messe pool's automatic timing wasn't working.
Britain, which finished a distant third, found themselves in gold position and accepted the medal almost 24 hours and dozens of appeals and protests after the race was run.
But the Americans said a FINA panel called to hear appeals by Australia and the United States and protests by Britain and Japan - against any reinstatements - ignored video evidence that proved Teuscher's change was within the rules.
The Americans were unofficially reinstated overnight after referees said the change was too close to call if the timing equipment wasn't working. But they were then dumped out again.
The 24-year-old native of New Rochelle, New York, said the Americans deserved the gold after Australia was disqualified for what FINA ruled a "clear breach of the rules."
"Our people looked at the tapes and it was clear that when Natalie (Coughlin) touched, my feet were still on the block," Teuscher said.
The Americans have appealed again to FINA to review the video tape. If he has no luck there, national team manager Dennis Pursley has threatened to take the case to the international Court of Arbitration of Sport in Switzerland.
He said he had evidence that the timing equipment was faulty, adding that he thought it was strange that FINA would replace the touchpad device despite issuing a statement saying it had disqualified the Americans because the automatic timing system "worked perfectly."
But to Teuscher, it's a moot point.
"This sport isn't supposed to be political," said Teuscher. "The clock isn't supposed to lie. That's one of the reasons that I went into swimming in the first place and when something like this happens it can make you pretty cynical."
As the controversy surrounding the relay escalated, FINA officials were unavailable for comment and headed off to a private dinner party at a downtown hotel.