Not sure, they could take you to court for forging ID?

But this is definitely something they can't do at scale, since their whole operation is set up to work at scale by automation.

So with high probability I'd guess not having an account is the worst.

But I may be wrong, maybe someone more knowledgeable can chime in.

They cant take you to court without knowing who you are. What they can do is to refer your IP address to the FBI for "forging IDs", but even then the IP adress needs to be real and FBI must be overstaffed to deal with such matters.