Magistrate Judge Alex G. Tse questioned whether a bond backed by the Saudi Consulate in Los Angeles would ensure Alfozan appeared in court. Prosecutors argued in a Sunday filing that Alfozan was only days away from traveling to Saudi Arabia when he was arrested and pointed to his Saudi bank accounts, Bay Area earnings and what they described as support from a foreign government with no U.S. extradition treaty.

Alfozan’s lawyer, William Pernik, said his client had strong community ties and was not a flight risk. At the hearing, Pernik said Alfozan was weeks from his U.S. citizenship interview, according to the New York Times. Alfozan is scheduled to return to court Nov. 6 for a status conference on a preliminary hearing — the same day his lawyers say his citizenship interview had been scheduled.

The criminal case centers on recording devices found in OpenAI’s San Francisco offices. Prosecutors say the company’s security team discovered a small recorder behind a television in an executive conference room on Sept. 30. After employees set up a camera, prosecutors say, footage showed Alfozan checking behind the TV on Oct. 5. Security staff also found a second device in a bag he had left in a printer room, according to the complaint.

The conference room was used for leadership meetings and briefings with government officials, and was available for reservations only to executives and their assistants, prosecutors said. They allege Alfozan had also used an AI tool to identify meeting rooms, including spaces for senior leaders, and that a ChatGPT account linked to his wife had asked about making and concealing a connected audio recorder.

Prosecutors further alleged that Alfozan had been in contact with a Saudi royal family member seeking to recruit him for a Saudi artificial intelligence initiative. In messages cited in the filing, the royal family member told Alfozan that “Saudi needs you more” than the United States. Prosecutors said Alfozan replied, “100,” while also telling the contact he would not leave OpenAI before his stock vested. His new-hire equity grant was valued at $2.2 million, according to the filing.

The government also cited the departure of Alfozan’s wife and their 3-month-old child for Doha, Qatar, the day after his arrest. Prosecutors said the business-class ticket was booked and paid for by a Saudi military official and that his wife now lives in Saudi Arabia.

The allegations have also drawn attention to the privacy of chatbot records. Researchers at Stanford’s Institute for Human-Centered AI have said companies may retain account and chat information, particularly when users do not delete conversations or use temporary-chat settings. Prosecutors cited chatbot activity as part of their account of the investigation.

Alfozan has not been convicted. Prosecutors say the recording was criminal whether the purpose was to advance his business interests, assist a foreign government or both. His next court date is Nov. 6.