Prosecutors seek at least 46 months for Michael Smith

Federal prosecutors are asking a Manhattan judge to sentence Michael Smith to at least 46 months in prison for a streaming-fraud conspiracy involving AI-generated songs and automated accounts. They also seek forfeiture of $8,091,843.64. Smith’s lawyers have requested probation, while the Probation Office recommends 24 months in prison. The sentencing outcome remains undecided, with a hearing scheduled for October 6, 2026. Smith pleaded guilty in March to one count of conspiracy to commit wire fraud, which carries a maximum five-year prison term. Prosecutors say he spent more than six years generating songs with artificial intelligence and using bots to stream them billions of times, diverting royalties from pools intended for artists, songwriters and other rights holders. The guilty plea established his conviction; the government’s request and the other sentencing recommendations are proposals for the judge, not a final sentence. In their sentencing filing, prosecutors say Smith used fake accounts and automated software to play a large catalog of tracks uploaded under invented artist names.