On Oct. 13, 2026, the U.S. Department of Justice announced that OpenAI engineer Abdulrahman Alfozan had been arrested on Oct. 9 and charged with one count of using or endeavoring to use an electronic, mechanical, or other device to intercept oral communications. The DOJ says the criminal complaint alleges that Alfozan planted a recording device in an executive conference room.
What the DOJ says the complaint alleges
The DOJ says OpenAI determined that a device had been installed on or about Sept. 28, and personnel found it on Sept. 30. According to the DOJ’s summary of the complaint, the device was concealed in toilet paper and inserted into a USB port behind a television in an executive conference room at the company’s San Francisco office.
The DOJ also says the complaint alleges that, between Sept. 24 and Sept. 30, an account associated with Alfozan’s spouse submitted prompts about constructing, configuring, concealing, testing and remotely accessing a recording device. Prompts related to the first device were allegedly submitted on Sept. 27 and 28.
On or about Oct. 5, OpenAI security personnel found a second similar device in an unattended bag containing Alfozan’s wallet and identification, according to the DOJ. The department’s announcement identifies the charge and summarizes the allegations in the complaint.
What OpenAI said about its investigation and data
OpenAI said its models assisted investigators in understanding the device and identifying a suspected employee, alongside analysis by human investigators, according to an account reported by Gizmodo.
On Oct. 13, OpenAI said it had no indications that Alfozan improperly accessed or exfiltrated model weights, source code or customer data, according to WIRED’s report. The statement concerned access to those company assets and data; the DOJ charge concerns alleged interception of oral communications.
Possible penalties and the prosecution team
If convicted, Alfozan faces a maximum of five years in prison, a $250,000 fine and three years of supervised release, the DOJ says. The department identifies Assistant U.S. Attorney Nicolas Parker and Trial Attorney Kate Tagert of its National Security Division as members of the prosecution team.
