Not sure, it stands to reason the console probably has to be connected for it to be banned so I guess if the account is gone you're probably safe. Sounds like it's mostly the new games that've been coming out (apparently more and more have been appearing recently, making me think it's some Microsoft employee setting it up for nefarious purposes) that cause the bans so I doubt you'll get assholed for one small game like that.
You could even argue it was some past owner of the console it was so long ago...