Abdulrahman Alfozan, 35, told a federal court in a filing submitted late Friday that his planned journey to Saudi Arabia had been arranged before he became aware of the criminal investigation. His lawyers argued that a one-way airline ticket did not establish an intention to evade prosecution.
The defence said Alfozan routinely booked one-way flights because his technology career required flexibility over meetings, projects and professional commitments. Purchasing separate tickets allowed him to adjust return dates without incurring substantial charges for changing reservations.
The application challenges a central argument advanced by federal prosecutors seeking to keep Alfozan detained pending further proceedings. A detention hearing is scheduled for October 19 before US Magistrate Judge Alex G. Tse in San Francisco.
Alfozan, a Saudi national and permanent US resident, was arrested by the Federal Bureau of Investigation on October 9. He faces a federal charge of using or attempting to use an electronic device to intercept oral communications without authorisation.
Prosecutors previously disclosed that Alfozan, his wife and another family member had purchased one-way tickets from San Francisco to Saudi Arabia through Istanbul, with departure scheduled for October 12.
The government cited those arrangements when requesting that the criminal complaint and arrest warrant remain sealed before his detention. Prosecutors argued that advance knowledge of the investigation could give him an opportunity and incentive to leave American jurisdiction.
His lawyers maintain that the travel arrangements were ordinary and predated the investigation. The competing explanations are expected to feature prominently when the court considers whether conditions of release could adequately address the government’s concerns.
The criminal case stems from the discovery of a concealed electronic recording device behind a television inside an executive conference room at OpenAI’s San Francisco premises on September 30.
According to the Justice Department, company personnel discovered the equipment connected to a television’s USB port and concealed within toilet paper. Investigators believe it had been installed around September 28.
Federal authorities allege that the conference room regularly hosted discussions involving confidential technical research, commercial strategy, product development and relationships with government and business partners.
The criminal complaint states that Alfozan did not have authorisation to enter the executive conference room or participate in meetings conducted there.
Investigators examined surveillance footage showing him near the room on several occasions before the equipment was discovered. They also identified activity involving company productivity software and artificial intelligence tools.
Prosecutors allege that Alfozan used an internal productivity system to investigate office locations, conference room capacities, meeting schedules and areas used by company executives and external partners.
The complaint additionally describes requests submitted through a chatbot account associated with his wife. Those requests concerned constructing recording equipment, improving audio capabilities, establishing wireless connectivity and encrypting stored information.
Authorities said the account shared technical identifiers with Alfozan’s own chatbot account. His wife has not been charged in connection with the investigation.
Further surveillance footage allegedly captured Alfozan examining the area behind the television on October 5, after company security personnel had discovered the concealed equipment.
Investigators also identified another recording device inside a bag belonging to Alfozan that had been left unattended elsewhere in the company’s offices.
OpenAI subsequently cooperated with federal investigators and terminated Alfozan’s employment on October 9, the day of his arrest.
The company has stated that it found no indications that he improperly accessed or transferred its model weights, source code or customer information.
The criminal complaint does not accuse Alfozan of stealing trade secrets or acting on behalf of a foreign government. The charge concerns alleged unlawful interception of oral communications.
The Justice Department has not established whether the concealed device successfully captured conversations. Investigators encountered difficulties recovering or decrypting material stored on the equipment.
Alfozan’s lawyer, William Pernik, has previously questioned the allegations and indicated that the defence intends to examine the government’s evidence closely.
A conviction on the existing charge could carry a maximum prison sentence of five years, a fine of $250,000 and three years of supervised release.
Alfozan joined OpenAI as an engineer in July 2025. He made his initial appearance in federal court on October 13, when the criminal complaint was unsealed.
The prosecution is being handled by the US Attorney’s Office for the Northern District of California, with assistance from federal counterintelligence specialists.
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