Judge Orders Ex-OpenAI Engineer Alfozan Held Without Bail, Calls Saudi Offer to Pay Bond a 'Blank Check'

Since federal prosecutors unsealed charges against former OpenAI engineer Abdulrahman Alfozan on Oct. 13, the question has been whether he would be released before trial. Today, Oct. 19, a judge answered: no.

U.S. Magistrate Judge Alex Tse ordered Alfozan, 35, detained without bail after an hour-long hearing in San Francisco. He found a "significant" risk that Alfozan would flee. Alfozan is due back in court on Nov. 6.

The judge's problem with Saudi money

The Saudi Consulate in Los Angeles offered to pay Alfozan's bail in full and to help fund his legal defense. It also offered to work with a bail bonds firm.

Tse did not like it. "It seems like a blank check: 'We're gonna pay whatever the court wants to make sure he gets out,'" he said from the bench. "I find that problematic."

He questioned what confidence the court could have that the Saudi government would protect U.S. interests. He said he was more interested in family members putting up their own assets.

He also pointed out that the flight risk is not limited to a trip to Riyadh. "He doesn't have to go all the way to Saudi Arabia. He just has to go to Canada or Mexico," Tse said. Saudi Arabia has no extradition treaty with the United States.

"There is a real threat here that once he leaves, the case is over," Tse said.

What prosecutors put in front of the court

In an 11-page detention memo filed Sunday, prosecutors said Alfozan has "ample resources" and "what appears to be considerable support from a foreign government." They described that government as one with no extradition treaty, "limitless resources" and the ability to provide extensive help.

The filing alleges Alfozan was in frequent WhatsApp contact with an unnamed member of the Saudi royal family throughout 2025 and 2026, including as recently as Oct. 5, 2026. That is days after the device was found and four days before his arrest.

According to the filing, the royal was trying to recruit him for a forthcoming Saudi AI initiative. In May, the person allegedly wrote, "Saudi needs you more then [sic] the US!" Alfozan allegedly replied "100." Prosecutors say he told the person he would not leave OpenAI until his stock vested.

The filing also details the departure of Alfozan's wife and 3-month-old son. Prosecutors say the family first had one-way tickets for Oct. 12, paid for by the Saudi government. That flight was canceled when a member of the Saudi military booked and paid for a business-class one-way ticket to Doha, Qatar, for Oct. 10. Prosecutors say the wife told FBI agents her U.S. visa was expiring and that she and the child were moving permanently to Saudi Arabia. She also said her husband eventually intended to follow, even though he had applied for U.S. citizenship.

The filing does not allege that Saudi Arabia directed the bugging. The Saudi government media office did not immediately respond to a request for comment on the filing.

The defense

Alfozan's attorney, William Pernik, called the flight-risk argument baseless. He proposed an ankle monitor, home confinement and limits on technology use. He said Alfozan would put up "essentially all the money his family has," including a roughly $1 million investment account, and would surrender his passports.

"Everything this man has, he's willing to surrender, and say, 'I'm not going anywhere,'" Pernik said.

The defense also pointed to a pending naturalization interview. "He was weeks away from achieving every immigrant's dream in this country," Pernik said. Co-counsel Nas Yasin told the court Alfozan's wife had obtained a short-term visitor visa to return to the U.S.

In a pretrial filing, the defense argued Alfozan learned OpenAI had found the device roughly eight to ten days before his arrest. "If his intention was to flee, he would have done so at that time," the attorneys wrote.

Pernik said there is no evidence Alfozan was spying for Saudi Arabia. The conference room was "an open room where anybody could work in," he said. "It's not as if he sneaked in under the covers of darkness." After the hearing he said he was disappointed and would keep fighting the custody ruling.

Assistant U.S. Attorney Nick Parker argued that a $1 million forfeiture would not be enough to bring Alfozan back, because he could earn more in Saudi Arabia.

The underlying charge

Alfozan is charged with using or attempting to use a device to intercept oral communications. The maximum penalty is five years in prison and a $250,000 fine. The FBI affidavit alleges he hid a customized recorder, wrapped in toilet paper, behind a television in an executive conference room on or about Sept. 28. Photos in the affidavit show a man prosecutors identify as Alfozan looking behind the TV.

Per the detention filing, the room hosted leadership meetings, technical and product discussions, and briefings with government officials and business partners. Prosecutors say OpenAI executives met with government officials there on days close to the alleged planting. They say his conduct "could pose a danger to the national security of the United States."

Prosecutors also allege he spent weeks researching how to build an encrypted recording device with live-listening capability. They say he used an internal OpenAI tool to identify rooms used by executives and outside partners.

OpenAI has said a security sweep found the device on Sept. 30. The company has said it found no sign that source code or proprietary data was taken. It has fired Alfozan.

No one has offered a motive. Prosecutors say they are examining whether he wanted to advance his own business interests, help a foreign government or both. "This is an ongoing investigation that may yet result in more serious charges," the filing says.

Alfozan's next hearing is Nov. 6. Whether prosecutors add charges before then, and whether the defense appeals the detention order, are the next things to watch.