Skip to Content
Art

Shepard Fairey Subject of Federal Criminal Investigation

Copyrights and Campaigns blog reports:

Recently unsealed legal briefs filed by Shepard Fairey reveal that the Los Angeles artist is the "subject" of a federal criminal investigation for "potential violations" of laws prohibiting evidence tampering and perjury. According to a motion filed by Fairey seeking to postpone his deposition in the civil copyright dispute with the Associated Press over the "Obama Hope" poster, a federal grand jury is investigating whether Fairey violated 18 U.S.C. §§ 1512(c) and 1621. Section 1512 makes it a crime to "corruptly...alter[], destroy[], mutilate[], or conceal[] a record, document, or other object, or attempt[] to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or...otherwise obstruct[], influence[], or impede[] any official proceeding, or attempts to do so."

The AP believes that this is all just legal flim-flammery by the Fairey legal team and that the Federal investigation has no bearing on their suit against him:

The AP's basic argument is that Fairey's troubles are entirely of his own making, and that "[f]or Mr. Fairey now to point to the government's investigation of his own misconduct as grounds for a discovery extension...is truly the definition of chutzpah."

Also in the legal brief is information that Fairey's lawyers believe he will face indictment in the AP case because of his choice to not incriminate himself in the Government case.

And in a rather extraordinary passage, Fairey concedes that he likely faces sanctions in the civil case for his admitted wrongdoing and may face indictment:

Mr. Fairey has already admitted engaging in misconduct and accepts that he will face sanctions by the Court at a later stage of this case. But his error, however serious, should not force him to choose between abandoning his Fifth Amendment rights and forfeiting his right to testify in this civil action and to defend the action on the merits. Of course, the Court can impose sanctions upon Mr. Fairey if it deems them appropriate, and the U.S. Attorney can choose to file criminal charges against him.

"But," he argues, "the triple punishment of potentially crippling civil liability — based not on the merits, but on his inability to testify during this particular brief period — would be unjust."

It's all extremely complicated, and must be costing both parties a shit-ton of money to battle in court over a photograph that was turned into a campaign poster.

Stay in touch

Sign up for our free newsletter

More from L.A. TACO

Tens of Thousands of Angelenos Flock to L.A.’s Flower District for a Valentine’s Day Flower Free-For-All

Tens of thousands made their way to the city's wholesale flower capital, jamming the streets and sidewalks with countless flowers and people. L.A. TACO'S contributing photographer Kemal Cilengir was there to capture it all, including street vendors getting fined and the dystopian-like flower free-for-all being had by lovestruck customers and hustling vendors eager to offload their prized plants.

February 14, 2025

This Weekend: A New Bar-Setting Indian Restaurant, Duck Laab Pizza, and a Filipino Breakfast Diner Pop-Up

Have a three-day weekend full of chai cheesecake, black garlic cocktails, egg pie, and famous flour tortillas.

February 14, 2025

Self-Defense Against ICE: Community Groups In L.A. Are Uniting to Protect Themselves

More than 50 organizations have joined the call to join this coalition, making it one of Southern California's largest immigrant rights coalitions. The group aims to extend from the San Fernando Valley to the U.S./Mexico border. The coalition is organizing training sessions to prepare its members for community tactics to defend their neighbors from ICE raids and deportations. Their first mass protest is taking place on Monday.

February 13, 2025

Tacos Before Vatos: 13 Tacos In L.A. That Will Make You Forget About Him

For L.A. TACO, love is always in the air, and it smells like charcoal burning on a sunny day under carne asada and tortillas hot off the comal, with vibrant salsas, caramelized onions, and thick guacamole. Forget him, and spend time with things that matter in life: tacos, forever. 

February 13, 2025

Unmatched Hustle: Immigrant from Michoacán’s Tierra Caliente Creates Innovative Tortillería on Wheels…In Bakersfield

Many come and buy pounds and pounds to share with their family members as soon as they taste a warm “taco de sal,” a tortilla sprinkled simply with salt and rolled up like a thin flauta. It’s common to eat tacos de sal while waiting in line at a tortillería in Mexico, but not so much in the U.S. 

February 12, 2025
See all posts