Magistrate Judge Alex G. Tse denied former OpenAI employee Abdulrahman Alfozan release from federal custody at a San Francisco hearing on 19 October, USA Today reported. The ruling keeps Alfozan detained while he faces a charge over an alleged listening device at OpenAI, after prosecutors argued that he could leave the United States.
Key points
- Alfozan was arrested on 9 October over a recording device allegedly placed in an OpenAI conference-room television.
- Prosecutors cited messages with a Saudi royal family member and the departure of Alfozan’s wife and son after his arrest.
- His lawyers proposed home detention, GPS monitoring and surrender of his passport. The Saudi consulate offered to pay his bond.
The device in OpenAI’s conference room
Alfozan, 35, is a Saudi national accused of installing an audio recorder inside a television in an executive conference room at OpenAI. Company leadership learned of the device on 30 September, and federal authorities arrested him on 9 October. He was charged with using, or attempting to use, a device to intercept oral communications.
AI Affairs reported Alfozan’s arrest over the hidden office recorder. The 19 October hearing concerned whether he would remain in custody during the case. His lawyers sought his release under supervision at the family’s home in Millbrae.
Saudi messages and the 10 October flight
Prosecutors pointed to Alfozan’s exchanges during 2025 and 2026 with an unnamed member of the Saudi royal family, who tried to recruit him for an “artificial intelligence initiative” in Saudi Arabia, USA Today reported. In one message, the royal family member wrote, “Saudi needs you more then [sic] the US.” Alfozan agreed with the sentiment but said he would wait until his OpenAI stock vested. The federal government valued that stock at around $2 million, according to court records described by the newspaper.
Alfozan and his family had tickets for a flight to Saudi Arabia on 12 October, which his lawyers said he bought in September for family and immigration reasons. He missed that flight after his arrest. His wife and son instead flew from the United States to Doha, Qatar, on 10 October, about 36 hours after the arrest, using tickets bought by a Saudi military official.
Prosecutors also cited at least two Saudi bank accounts belonging to Alfozan that the FBI had found. They argued that his resources and connections increased the risk he would flee to Saudi Arabia, which has no extradition treaty with the United States.
Tse rejects the Millbrae release plan
Alfozan’s lawyers proposed that he surrender his passport, wear a GPS ankle monitor and remain at the Millbrae home under pretrial supervision. They also offered restrictions on travel outside the Northern District of California. A letter from the Saudi consulate offered to pay the bond amount, USA Today reported.
The defence argued that Alfozan had known OpenAI had found the recorder more than a week before his arrest and had not fled. His lawyers also said he was pursuing US citizenship and had a naturalisation interview scheduled in San Francisco for 6 November 2026.
Tse rejected the release request. The judge likened the Saudi government’s offer to secure Alfozan’s release to a “blank check”, Wired reported.
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