Former OpenAI engineer Abdulrahman Alfozan ordered to remain in custody
A San Francisco judge denied release to the former engineer, who faces a charge over an alleged recording device at OpenAI, after questioning whether he would return for future hearings.
A San Francisco federal judge ordered former OpenAI engineer Abdulrahman Alfozan to remain in custody on October 19, 2026, after questioning whether he would return for future hearings if released. Alfozan faces a federal charge over an alleged recording device in an OpenAI conference room; the detention decision leaves him in jail while that case proceeds.
Magistrate Judge Alex G. Tse questioned whether a bond of about $1 million would bring Alfozan back if he left the United States, Fortune reported from the courtroom. Business Insider reported that the judge raised Alfozan’s previously booked one-way ticket to Saudi Arabia and the travel there of his wife and son. Tse also noted that the United States and Saudi Arabia have no extradition agreement, according to Business Insider.
What Alfozan’s defense proposed
Attorney William Pernik sought release with an ankle monitor, home detention and restrictions on Alfozan’s use of technology, Business Insider reported. He offered family assets as security, including an investment account worth roughly $1 million. Tse was unconvinced that forfeiting the money would be enough to ensure Alfozan’s return if he departed the country.
Fortune reported that the defense said Alfozan’s wife planned to return to the United States on a temporary visa. The defense also said she had left rather than overstay her visa. Those arguments addressed the judge’s concern about flight risk; the decision to detain Alfozan did not resolve his intent or the criminal allegation.
The charge and the next hearing
Federal agents arrested Alfozan on October 9. He faces one count of using or attempting to use a device to intercept oral communications, which Fortune reported carries a maximum prison term of five years. Prosecutors allege he placed the device in an OpenAI conference room on September 28. He has been charged by criminal complaint, has not been indicted and has not entered a plea, Fortune reported.
The complaint does not charge Alfozan with espionage, theft of trade secrets or acting as an agent of a foreign government, a distinction his defense emphasized, according to Fortune. OpenAI has said it has no indications that he inappropriately accessed or took model weights, source code or customer data. Fortune identified November 6 as the date of the preliminary hearing.
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Sources and context
- Fired OpenAI engineer accused of bugging office won't be released from jailBusiness Insider
- Ex-OpenAI engineer accused of bugging office stays in jail as prosecutors allege Saudi ties: ‘Once he leaves, there’s no getting him back’Fortune
AI-assisted article checked against the listed sources. NewsJaws did not conduct interviews or attend the reported events.