Do you have any evidence that this is actually the case? I don't see how you could, unless you work in the Hack dept. at Blizzard.
Alot of people have reported that when their accounts were offline for days on wow or d3 they still got banned happened to me sometimes aswell and this is becouse blizzard tends to delay bans or set you on a list I don't know but we do know they ban when accounts are offline aswell.