Brennan Smart/Bloomberg via Getty Images
- Abdulrahman Alfozan will stay jailed pre-trial, a San Francisco judge decided Monday.
- The engineer is accused of bugging a conference room at OpenAI, and he has been fired.
- Alfozan posed a risk of non-appearance, the judge said, after discussing his ties to Saudi Arabia.
A former OpenAI engineer accused of bugging the AI startup's office was denied release by a San Francisco judge on Monday, meaning he'll have to mount his defense from jail.
The Justice Department arrested Abdulrahman Alfozan on October 9 and charged him with using or attempting to use a device to intercept oral communications. He's accused of placing a recording device behind a television in an OpenAI conference room — an FBI affidavit includes photos of the device wrapped in toilet paper, and a man they say is Alfozan peering behind the TV.
On Monday, the engineer wore a yellow surgical mask and a jail-issued orange sweatshirt to the San Francisco courthouse. Magistrate Judge Alex G. Tse prodded Alfozan's legal team about the risk that he might not appear for a future court hearing.
Tse said that Alfozan's wife and son had traveled to Saudi Arabia with no plans to return, and went back and forth with Yasin about a one-way ticket that Alfozan had previously booked to the country. Tse said that Saudi Arabia and the US do not have an extradition agreement, and expressed skepticism that he had sufficient ties to the Bay Area to prevent his departure.
William Pernik, Alfozan's attorney, argued that, rather than being detained, Alfozan should be fitted with an ankle monitor, ordered to stay home, and have limits placed on his use of technology. The lawyer also said Alfozan is willing to put up "essentially all the money his family has" as bond, including a roughly $1 million investment account.
"Everything this man has, he's willing to surrender, and say, 'I'm not going anywhere,'" Pernik said.
Pernik and Nas Yasin, another of Alfozan's attorneys, cited his coming naturalization interview as evidence of his local ties.
"He was weeks away from achieving every immigrant's dream in this country," Pernik said.
Yasin told Tse that she learned Alfozan's wife had obtained a short-term visitor visa to return to the US, to help improve her husband's case for ties to the Bay Area.
Tse also asked Alfozan's legal team a slew of questions about his relationship with Saudi Arabia, including a commitment by the Saudi consulate to pay his bond and support his legal effort.
Nick Parker, an assistant US attorney, appeared for the prosecution. He argued that the threat of forfeiting a $1 million bond wouldn't be enough to convince Alfozan to return if he made it out of the US, because he might be able to earn more money in Saudi Arabia.
"There is a real threat here that once he leaves, the case is over," Tse responded.
The judge scheduled the case's next hearing for early November.
OpenAI called the recording device "sophisticated" when the arrest went public, though it said it hadn't found signs that he'd taken AI model weights, source code, or customer information. OpenAI fired Alfozan.
Alfozan's charge carries a maximum penalty of 5 years. Pernik said in a statement last week that the allegations "appear wholly out of character for him."
Alfozan, 35, has a green card that makes him a lawful permanent resident of the United States. He attended MIT, then worked at Facebook (now Meta) from 2017 to 2023. After a stint at the engineering startup Nash Technologies, Alfozan joined OpenAI in 2025.
FBI agents have already taken Alfozan's Saudi passport.
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