Since this is a hypothetical question it is hard to give a definite answer. So unfortunately I have to write both yes and no. But let me elaborate:
Yes, because if you use phoenix which is software by ACINQ and connect to their node controlled by them. Very theoretically there could be a deliberate problem with phoenix wallet trying to cheat if connected to acinq node so that acinq could punish you. That would however mean that the wallet on your phone is deliberately malicious. Of course any software vendor hast the ability to inject malicious code into the software they provide. As far as I know Phoenix is open source so such a malicious code should be detected by the community.
No, because they way how you ask is not how the penalty mechanism works: You don't get the funds by saying that you are cheating. (If that was the case the protocol would be very unsafe as any node could on any channel just claim the partner has cheated and get the money) You're wallet would actually have to verifiably cheated for the ACINQ node to be able to make that claim successfully. The protocol adoptions that phoenix wallet makes - to the best of my knowledge - are nowhere close to cheating attempts.
Thus as long as phoenix is not malicious I don't think the node that you connect to can forfeit your Bitcoin by making a claim that you cheated.