I have heard, no direct knowledge, that you can hear the difference in a ham radio TXing on a marine band...so detection can be fairly easy, altho I've never heard of anybody getting busted.
People get "busted" all the time transmitting illegally on Amateur Radio Bands.
For the record, the FCC won't track you down unless you're causing harmful interference, but the Amateur Bands are the MOST policed bands of ALL.
Why? Because amateur jealously guard their frequencies against intruders (and rightly so) since over the years the bands have shrank over time, having many of them pulled out from under the hams.
In fact, I've participated in several "hunt down the offender" issues over the years and we can, within minutes usually locate someone transmitting on uhf/vhf bands. Takes a bit longer on HF, but it can be done.
I know a guy in town here that has a doppler ranging system and can find you in less than five minutes and pin point your EXACT latitude and longitude in that time.
As for the "getting you under the telecommunications act" - for the 10K that's probably accurate. However, the FCC will still fine you based on your actions if you cause HARMFUL interference (unless you're in an emergency).
About "hearing the difference", I'm not sure about that. I listen to both amateur and marine broadcasts all the time and I can't tell you what kind of rig someone is using without them mentioning it. Certain microphones can change voice and bandwidth characteristics, as can other types of equipment added to the radio.