A federal judge has ordered Abdulrahman Alfozan to remain in custody while he awaits trial, citing concerns over his connections to Saudi Arabia and the possibility he might flee.
The ruling
Magistrate judge Alex Tse made the decision on Monday in San Francisco. The judge questioned whether the Saudi government would act as a guarantor for Alfozan’s release. Prosecutors told the court that the Saudi consulate offered to work with a bail bonds firm to fund his freedom.
“It seems like a blank check,” Tse said. “We’re going to pay whatever the court wants to get him out.” The judge noted that family members usually provide assets for bail, not foreign governments.
William Pernik, Alfozan’s attorney, argued the flight risk claims were baseless. He could not convince Tse that Alfozan was committed to staying in the US. “There is a real threat here that once he leaves the case is over,” the judge stated.
The hearing
Alfozan appeared in court wearing an orange prison uniform and a medical face mask pulled down over his neck. The courtroom was full of journalists, students on a field trip, and about 20 supporters.
Prosecutors allege Alfozan is a flight risk because the Saudi government has offered to support him with no strings attached. They cited the Saudi consulate’s offer to work with a bail bonds firm to help fund his release as an example.
Employee attempts to steal confidential company information are common in Silicon Valley. But Alfozan’s case has drawn international attention for the alleged amateur spycraft and geopolitical tensions at the center of it. Authorities haven’t offered a potential motive, but have noted Alfozan has worked for a Saudi venture capital firm, offered consulting services to Saudi companies, and is supposedly friendly with people high up in the Saudi government.
Pernik said there was no evidence of Alfozan spying for Saudi Arabia or engaging in something covert. “It’s not as if he sneaked in under the covers of darkness,” he said of the OpenAI conference room. “This was an open room where anybody could work in.”
What it means
For Alfozan, the immediate impact is a loss of freedom pending a full trial. He faces five years in prison on a single count of using a device to intercept communications, though prosecutors say additional charges are possible.
While Alfozan is a US permanent resident who had been on the path to obtaining citizenship, his ties to his native Saudi Arabia have come under scrutiny. Prosecutors allege that Alfozan was “in frequent communications via WhatsApp” with a member of the Saudi royal family throughout 2025 and 2026.
The Saudi royal, who is not identified, was allegedly recruiting Alfozan to return to the country for a job working on a forthcoming AI initiative, according to a court filing. “Saudi needs you more then [sic] the US!” the individual wrote to Alfozan this past May, per the filing. Alfozan allegedly “responded ‘100,’ indicating he agreed.”
US authorities also allege that the Saudi government bought Alfozan’s wife and infant son a ticket to return to the country a few days after his arrest. She ended up leaving sooner on another flight booked by her sister’s husband, who works for the Saudi navy, according to attorneys for both sides.
Alfozan’s wife has not been accused of wrongdoing and the FBI last week declined to comment on whether she would face any charges.
The charges
Alfozan was at OpenAI for just over a year when the AI lab discovered a covert audio recording device hidden in a wad of toilet paper behind a TV in an executive conference room used for confidential business meetings. OpenAI found the device in late September, connected it to Alfozan, and then fired him earlier this month just before the FBI arrested him.
Authorities say they also found components for recording devices at Alfozan’s home and photos of other OpenAI monitors and another OpenAI conference room on his phone. OpenAI previously said it recovered a second listening device in a bag Alfozan brought to the office and left unattended.
Pernik claimed the electronics at Alfozan’s home were for home monitoring projects, including trying to improve a smart litter box for their cat. “This is a gentleman who spent 15 years of life immersed at this intersection of technology and personal life,” Pernik told the judge.
Authorities said ahead of the hearing that they believed Alfozan had the means to flee. They cited the $385,000 salary and $2.2 million profit-sharing package he received while working at OpenAI as well as other funds he earned from previous gigs at Meta and other US tech companies.
According to Alfozan’s attorneys, his wife needed to leave the US to renew her American student visa. Alfozan had planned to accompany her on the trip before being arrested. They had a one-way ticket to Riyadh, which Alfozan’s attorneys said was typical for him because he sometimes had to return earlier than planned for work.
Nas Yasin, another attorney for Alfozan, said his wife’s flight was booked by her sister’s husband in his personal capacity. Yasin added that Alfozan’s wife had just secured a visitor visa from the US and planned to return to California from Saudi Arabia as soon as Tuesday. Alfozan’s next court date is scheduled for November 6.
