Federal prosecutors on Oct. 8 asked a judge to seal criminal charges against OpenAI engineer Abdulrahman Alfozan because he, his wife, and a third family member had booked one-way tickets to Saudi Arabia for four days later, according to court filings made public this week.
Alfozan, a Saudi national, was arrested by the FBI because he allegedly hid a recording device in an OpenAI conference room used by executives.
In a motion to seal, Assistant U.S. Attorney Nicholas Parker wrote that the three had booked flights from San Francisco, via Istanbul, for Oct. 12. Disclosure of the charging documents “might jeopardize the defendant’s arrest,” Parker wrote, adding that Alfozan “has the means — and will have an incentive — to flee the United States sooner if he learns about this case before he is arrested.”
The filing does not identify the third family member or say how prosecutors learned of the bookings.
Bloomberg (opens in new tab) first reported on the motion.
U.S. Magistrate Judge Alex G. Tse granted the request the same day. His order sealed the complaint, the arrest warrant, and related documents until further notice. It allowed prosecutors to share them with the FBI and other law enforcement and intelligence agencies for investigative purposes and said the warrant would be unsealed once executed.
Alfozan, 35, was arrested Friday, three days before the scheduled flight, the Justice Department said. Prosecutors asked to unseal the complaint Monday, noting that he was in custody, and Tse ordered it unsealed the next day.
At Alfozan’s initial appearance Tuesday, a court file shows, Tse remanded him to custody, set a detention hearing for Monday, and granted prosecutors’ oral request to unseal the entire case. Defense attorney William Pernik signed a stipulation excluding time under the Speedy Trial Act through Monday, citing the need for effective preparation.
Prosecutors also certified OpenAI OpCo LLC, a subsidiary of OpenAI Global LLC, as the victim of the alleged crime. The filing lists Microsoft as holding a financial interest of 10% or more in the parent company.
Pernik said Wednesday the allegations “appear wholly out of character” for Alfozan, who “came to this country years ago as a young person with a dream.” “Where someone was born is not evidence of anything,” he said. Pernik did not respond to a request for comment Thursday.
Alfozan is charged with using or endeavoring to use a device to intercept oral communications, which carries a maximum sentence of five years in prison. A complaint alleges only that crimes were committed, and he is presumed innocent. The motion to seal reflects the government’s assertions, which have not been tested in court.