Ex-OpenAI Worker Abdulrahman Alfozan Deemed 'Ongoing Danger' by Prosecutors, Denied Release

US prosecutors asserted on Monday that Abdulrahman Alfozan, a Saudi national accused of concealing a recording device at OpenAI's headquarters, poses an "ongoing danger" and should remain in custody. This statement was made in a court filing responding to a release request from Mr. Alfozan's lawyer in California, who sought his freedom during the ongoing investigation, which is anticipated to lead to a criminal trial.

"The defendant presents an ongoing danger to the community and a serious risk of flight that no set of release conditions can reasonably mitigate," stated Craig Missakian, a lawyer representing the US Justice Department. The department's memo, arguing for continued detention, revealed that a member of the Saudi military arranged and funded a flight for Mr. Alfozan's wife and son several days after his arrest.

Prosecutors indicated that the defendant's wife informed FBI agents during an interview that her US visa was expiring and that she and her son were relocating permanently to Saudi Arabia, with the defendant intending to follow suit. Mr. Alfozan, a former OpenAI employee and Saudi citizen, was apprehended on October 8, facing charges of hiding a recording device within the company's San Francisco offices. Investigators reported that Mr. Alfozan placed the device, identified as a Seeed Studio XIAO ESP32-S3 manufactured in China, behind a television in a conference room. The device is described as a "thumb-sized development board with a detachable camera sensor, digital microphone and micro-SD storage," according to the Justice Department.

Mr. Alfozan joined OpenAI's product team in July of the previous year and was terminated on the same day as his arrest, the company confirmed. An earlier criminal complaint filed by prosecutors suggested that Mr. Alfozan's actions indicated a plan to leave the US quickly. The initial filing noted that the defendant, his wife, and another family member had booked one-way tickets from San Francisco to Saudi Arabia via Istanbul, and that the defendant possessed the means and motivation to flee the US sooner if he became aware of the case before his arrest.

Last week, Mr. Alfozan's California lawyer, William Pernik, stated he was awaiting further evidence from the government and intended to present all appropriate defenses. Mr. Pernik described his client as someone who came to the US years ago with a dream, adding that the allegations seemed out of character and that they would thoroughly investigate all government evidence to ascertain the facts and responsibilities.

On Friday, Mr. Pernik submitted a court request for Mr. Alfozan's release, proposing conditions such as a GPS ankle monitor, home confinement in Millbrae, California, and passport surrender. The proposal also included an appearance bond co-signed by community members and supported by the Saudi Arabian Consulate General.

According to his LinkedIn profile, Mr. Alfozan has resided in California since 2015 and began working at OpenAI as a lead engineer in 2025. Prior to his time in California, he held internships at Meta, Microsoft, and SAP. Mr. Alfozan earned his undergraduate degree from the Massachusetts Institute of Technology in 2016 and a master's degree from the University of California-Berkeley in 2025. The Justice Department stated he was arrested on October 9, charged with using an electronic device to intercept oral communications, and is scheduled for a detention hearing on the 19th. If convicted, Alfozan faces a maximum of five years in prison, a $250,000 fine, and three years of supervised release.

OpenAI has recently faced employee criticism regarding its approach to AI development regulations. American AI companies like OpenAI are also engaged in intense competition with China for technological dominance.