If there's evidence they deliberately did this, yes. If they've lied in other cases then it might make their testimony that they didn't intend this less credibl

If there's evidence they deliberately did this, yes. If they've lied in other cases then it might make their testimony that they didn't intend this less credible, but also OpenAI as a whole is not going to face criminal charges, so it'll also depend on the situation of whatever individuals do get charged, if it does go to court.