Judge keeps Alfozan in custody

On Monday, 19 October, federal magistrate judge Alex Tse ruled in San Francisco that Abdulrahman Alfozan, 35, must stay in custody until his trial. The former OpenAI engineer, a Saudi national and US permanent resident, is accused of planting a hidden recording device in an executive conference room at the company. Prosecutors asked for him to be detained, arguing that he is a flight risk. Alfozan appeared in an orange prison uniform, with a medical face mask pulled down around his neck, before a courtroom packed with journalists, students on a field trip and about 20 supporters. Tse questioned whether a bond backed by the Saudi government could keep Alfozan in the country, and said he found that problematic.

“There is a real threat here that once he leaves the case is over.”

Prosecutors cite royal contacts

In a court filing on Sunday, 18 October, US attorney Craig Missakian argued that Alfozan should stay jailed while the government builds its case that he spied on OpenAI for personal gain or to benefit the kingdom. Prosecutors say Alfozan exchanged WhatsApp messages with an unnamed member of the Saudi royal family throughout 2025 and 2026. In May, that royal family member wrote that Saudi Arabia needed him more than the United States, and Alfozan replied with the figure 100. The royal contact allegedly told him about an artificial intelligence initiative being launched in Saudi Arabia and invited him to join, and Alfozan contacted that person on 5 October, days before his arrest. Alfozan reportedly said he would not leave OpenAI until he collected company stock promised to him, worth $2.2 million when he was hired. To bolster the detention request, prosecutors pointed to a case in which former Twitter employees were charged with spying for Saudi Arabia, noting that one ex-staffer still faces pending charges.

Family flights and the bail offer

Prosecutors say a member of the Saudi military paid for Alfozan's wife and infant son to fly out of the United States the day after his arrest. Their one-way tickets from San Francisco to Doha, Qatar, were in business class. Before his arrest, Alfozan had booked a one-way ticket to Riyadh for himself, his wife and their baby, a booking prosecutors allege was paid for by the Saudi government. In a letter to his lawyer dated 14 October, the Saudi consulate in Los Angeles said it was ready to cover the full bail bond required for his release. Defence lawyer William Pernik filed that letter with the court as part of the request for Alfozan's release. The Saudi government media office did not immediately respond to a request for comment. Pernik said a planned trip to Saudi Arabia this month had been booked before the investigation and was for family and immigration reasons, adding that Alfozan had spent 15 years in the US and applied for citizenship.

Device, charges and defence

OpenAI found the recording device on 30 September, concealed behind a television in a conference room and covered with toilet paper. Camera footage showed Alfozan entering the room on 5 October and checking behind the television where the device had been installed. The FBI arrested him on 9 October, and he was charged with using an electronic device to intercept oral communications. If convicted, he could face up to five years in prison and a fine of $250,000.

Authorities have not offered a motive, and Pernik rejected any suggestion that his client spied for Saudi Arabia, saying there was no evidence of covert activity.

“This was an open room where anybody could work in.”

Pernik said he was disappointed with the custody ruling and would keep fighting it. The FBI investigation remains active.