https://www.phaidon.com/agenda/art/articles/2012/september/1...
> However, criminal proceedings began when it transpired that Fairey lied in the earlier case, destroyed documents and submitted false images. In a statement published following the proceedings, the artist said that he 'accepted full responsibility for violating the Court's trust by tampering with evidence during my civil case with the Associated Press,' before going onto argue that he still believed he had a strong Fair Use case.
Trademark infringement cases can be ruinous, especially without insurance, but it’s civil not criminal.
This was a copyright case, not a trademark case. And if the FBI warnings at the beginning of VHS tapes are to be believed, you can face criminal charges.
https://www.law.columbia.edu/news/archive/obama-hope-poster-...