We mentioned something like this could happen to Shepard Fairey, and well, it seems like it has. Federal district judge Alvin K. Hellerstein revealed today that artist Shepard Fairey is facing a criminal investigation in connection with his admitted unlawful conduct of “submitt[ing] false images and delet[ing] other images” in the ongoing litigation against the Associated Press.

The judge reportedly made the revelation today as part of a hearing where lawyers for Fairey and the AP were present. A spokesman for the AP said in a statement issued this evening that the news organization has received a grand jury subpoena related to Fairey’s fabrication and destruction of evidence during the case.

A spokesman for the Associated Press told Clancco that they are very pleased that Judge Hellerstein has denied Shepard Fairey’s motion for a protective order to stay Mr. Fairey’s deposition, or alternatively to limit the scope of Mr. Fairey’s deposition, pending the outcome of a criminal investigation regarding his admitted wrongdoing in this case. The Court also ruled that Mr. Fairey’s credibility is a key issue in this case.

To what extent will this affect the merits of the “fair use” argument is unknown.

See also the LA Times.

Related posts:

1. Shepard Fairey Subject of Fed Criminal Investigation: Insights
2. Shepard Fairey Ordered to Disclose Identities of Fellow Wrongdoers
3. Although “serious transgression,” Judge Allows Fairey to Switch Lawyers
4. Photographer Moves to Intervene in AP v. Shepard Fairey Case (update)
5. Shepard Fairey Admits He Sued AP Under False Pretenses

Tags: Art Law, art lawyer, art litigation, Copyright, criminal sanctions, fabrication and destruction of evidence