By Hamza Faisal
The man who once out-streamed Taylor Swift without a single human listener is going to prison.
Michael Smith, a 54-year-old North Carolina musician, has been sentenced to 18 months in federal prison for running one of the most brazen fraud schemes the music industry has ever seen: hundreds of thousands of AI-generated songs, billions of fake streams, and more than $8 million in stolen royalties.
US District Judge John G. Koeltl handed down the sentence this week in Manhattan. Smith will also serve two years of supervised release and forfeit $8,091,843.64 — every dollar prosecutors say he stole. He had pleaded guilty in March to one count of conspiracy to commit wire fraud.
The case marks the Justice Department's first-ever criminal prosecution for AI-assisted music streaming fraud.

A seven-year scheme built on bots and AI songs

According to prosecutors, Smith's fraud ran from 2017 to 2024 and worked in three steps. First, he created thousands of fake listener accounts — at times operating as many as 10,000 bot accounts simultaneously — on streaming platforms including Spotify, Apple Music, Amazon Music and YouTube Music.
Second, he used software to make those accounts stream songs he owned, most of which were generated by artificial intelligence. Third, he collected the royalties those fake streams generated.The scale was staggering. In an email cited by prosecutors, Smith told a co-conspirator he needed "a TON of songs fast" to work around the streaming platforms' anti-fraud policies. AI gave him exactly that: hundreds of thousands of tracks generated at machine speed, then streamed billions of times by his bot army.

Caught by the licensing collective, not the platforms

Perhaps the most embarrassing detail for the industry is who caught him. It was not Spotify or Apple that spotted the fraud — it was the Mechanical Licensing Collective, a nonprofit designated by the U.S. Copyright Office to administer mechanical royalties, which flagged the suspicious activity in early 2023.
By then, the numbers were absurd: in April 2023, Smith's catalogue racked up 80.9 million streams from YouTube Music family-plan subscribers — roughly nine times Taylor Swift's entire catalogue managed that same month.
"By flooding music streaming platforms with automated bots in the place of consumers, and fake songs in the place of creativity, Smith robbed millions in royalty payments from genuine artists and their fans," said U.S. Attorney Jamie McDonald in a statement after the sentencing.

A light sentence — and a warning for what comes next

Prosecutors had pushed for a sentence of at least 46 months, nearly four years, arguing the fraud was sophisticated and spanned seven years. Smith's attorneys had sought probation — no jail time at all — pointing to his guilty plea and lack of criminal history. Judge Koeltl landed in the middle at 18 months.
Streaming fraud has long been treated as a civil nuisance in the music business, handled through quiet takedowns and withheld royalties. This is the first time a bot-farm operator has faced prison for it.
The uncomfortable truth is that Smith's scheme is now trivially easy to copy. If one man with 10,000 bot accounts and generative AI could siphon $8 million from the world's biggest streaming platforms, the industry's anti-fraud defenses will have to evolve faster than the tools attacking them.
By Hamza Faisal