US court keeps former OpenAI engineer Alfozan in custody — Fortune
A federal magistrate judge in San Francisco, United States, has kept former OpenAI engineer Abdulrahman Alfozan in custody. A criminal complaint accuses him of using or attempting to use a device to intercept oral communications. As Fortune reports, Saudi Arabia was prepared to guarantee $1 million in bail, but the judge did not release the 35-year-old man.
The FBI arrested Alfozan on October 9. According to investigators, on September 28 he installed a device behind a television in a conference room where OpenAI executives, and sometimes officials, discussed sensitive information. A preliminary hearing in the case was scheduled for November 6. The maximum penalty for the sole charge is up to five years in prison. The case has not yet been presented to a grand jury, and Alfozan has not stated a position on guilt.
Positions of the court and the parties
Judge Alex G. Tse stated that the $1 million guarantee should be assessed in light of Alfozan’s possible access to substantially larger funds. Prosecutors cited a risk that he could leave the United States, as well as a possible danger to the public and national security. The defense asked for the man to be released under supervision, including with an electronic ankle monitor.
The Saudi Consulate General in Los Angeles stated in writing that it was prepared to cover the amount of bail set by the court and not issue Alfozan travel documents if he were released. The court kept him in custody despite these guarantees.
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Investigation materials
According to prosecution materials, a search of Alfozan’s residence and phone uncovered electronic components similar to the device that investigators say was installed in the conference room. An iPhone also contained photos of another recording device and television panels in other OpenAI premises. Prosecutors consider this possible preparation for installing additional devices.
Investigators also reported access to a folder titled Saudi Gov Docs and Alfozan’s queries in an internal OpenAI tool about meetings with representatives of the Saudi Ministry of Communications and Information Technology and the state AI company HUMAIN. According to prosecutors, he also frequently corresponded on WhatsApp with an unnamed representative of the Saudi royal family, who allegedly offered him an opportunity to join an AI initiative in Saudi Arabia.
The defense stressed that Alfozan had lived in the United States for 15 years, received a green card in 2020, and was undergoing the naturalization process. OpenAI, for its part, stated that it had no indications of improper access to model weights, source code, or customer data.
