# Federal judge keeps former OpenAI engineer in custody

> A San Francisco judge said the ex‑engineer is a flight risk because of his Saudi ties and ordered him to stay jailed pending trial.

Oossa · 2026-10-19 · https://oossa.com/en/federal-judge-keeps-former-openai-engineer-in-custody

A federal magistrate judge in San Francisco ordered former OpenAI engineer Abdulrahman Alfozan to remain in custody while he awaits trial. The judge said the government’s offer to fund his bail looked like a “blank check” and that Alfozan might be an “asset” for Saudi Arabia. He will stay in jail until his next court date on November 6.

## Why the judge acted

Prosecutors say Alfozan spent a year at OpenAI and earned a $385,000 salary plus a $2.2 million profit‑sharing package. They allege he hid an audio recorder in a conference room and talked with a Saudi royal about returning to work on an AI project. The Saudi consulate even offered to help a bail‑bonds firm fund his release, which the judge found problematic.

## The case so far

OpenAI discovered the hidden recorder behind a TV in September and fired Alfozan earlier this month. He now faces a count of using a device to intercept communications, which carries up to five years in prison. Prosecutors also say they have chats between Alfozan and an AI chatbot where he asked for help setting up listening devices, and components for recorders found at his home.

## The facts

- The custody ruling was made on Monday, 2026-10-19, by federal magistrate judge Alex Tse.
- Alfozan earned a $385,000 salary and a $2.2 million profit‑sharing package at OpenAI.
- He is a U.S. permanent resident who was on the path to citizenship before his arrest.
- Prosecutors allege he communicated via WhatsApp with a Saudi royal in 2025‑2026 about a new AI initiative.
- Alfozan’s next court date is scheduled for 2026-11-06.

## Why it matters

If the judge keeps Alfozan detained, it shows how U.S. courts may treat tech workers with foreign government ties as flight risks. For anyone working in AI, it highlights the legal risk of even a single security breach and the scrutiny that can follow.

## Sources & references

1. [OpenAI Engineer Accused of Spying on Executives Ordered to Remain in Custody](https://www.wired.com/story/openai-engineer-accused-of-spying-on-executives-ordered-to-remain-in-custody/) – Wired, 2026-10-19

Last updated: 2026-10-19