US Judge Allows Search Warrant Targeting Executive's AI Chatbot Communications

A US federal judge has rejected a bid by a business executive charged in a securities fraud case to block a search warrant seeking data from ChatGPT developer OpenAI, finding that the request does not unlawfully intrude on protected communications with his lawyers.

US District Judge Lorna Schofield in Manhattan lifted a temporary block on the warrant in a ruling against Richard Kim, who was charged in August with defrauding investors in his crypto venture Zero Edge.

The warrant seeks access to records of his interactions with a chatbot operated by OpenAI. Prosecutors argue that Kim’s accounts with the AI company — and a rival platform — are likely to contain evidence relating to his alleged scheme to mislead investors about how their funds would be used.

While the judge declined to quash the warrant, she made clear that the ruling does not prevent Kim from later challenging the admissibility of any evidence obtained from OpenAI.

Kim’s lawyers did not immediately respond to a request for comment. He has pleaded not guilty to securities fraud and wire fraud charges.

OpenAI, which is not a party to the proceedings, also did not immediately respond to a request for comment, while the US Attorney’s Office in Manhattan declined to comment.

The ruling forms part of a growing body of legal disputes over whether conversations with artificial intelligence systems can be protected from prosecutorial scrutiny.

The case parallels a February decision by U.S. District Judge Jed Rakoff in Manhattan, who ruled in an unrelated criminal matter that prosecutors could obtain a defendant’s communications with Anthropic’s chatbot Claude, finding such exchanges were not covered by attorney–client privilege.

Kim’s lawyers had argued in court filings that the warrant was overly broad and risked exposing privileged attorney–client communications and other protected material following his arrest last year. They said he used AI tools for case-related research, which could reveal defence strategy if disclosed.

Prosecutors countered that any challenge to the warrant should only be raised after the search is conducted.

The government also told the court that Kim’s interactions with AI platforms are not privileged because chatbots are not lawyers, users cannot reasonably expect confidentiality, and such tools do not provide legal advice.

Prosecutors said they are prepared “to respect individual assertions of privilege properly justified by defence counsel after their review of the data produced by the providers.”

The case is United States v. Richard Kim, U.S. District Court, Southern District of New York, No. 1:25-cr-00359-LGS.

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