July 15, 2010: Cambridge's spies next door

>> Emily: TONIGHT ON "GREATER

BOSTON" SPIES AMONG US.

THE PARAPHERNALIA FOUND IN THE

HOME OF THE RUSSIAN SPIES.

AND THE OWNER OF DeLUCA'S HAS

HIS NEWBURY STREET CLOSED.

IT MAY BE A NEW EXHIBIT AT THE

ICA.

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Ask about it at work.

GOOD EVENING.

IT HAS BEEN A COLD WAR CHAPTER

PLAYED OUT IN THIS HOT SUMMER IN

MASSACHUSETTS.

ANDREY BEZRUKOV AND ELENA

VAVILOVA ARE BACK HOME IN

RUSSIA, BUT THE STORY OF THEIR

MYSTERIOUS LIFE CONTINUED TO

EMERGE.

YESTERDAY IN U.S. DISTRICT

COURT, DOCUMENTS WERE UNSEALED

THAT LISTS THE ITEMS SEIZED FROM

THE PAIR'S TROWBRIDGE STREET

HOME.

SOME OF THE OBJECTS RESEMBLED

PROPS FROM A COLD WAR THRILLER

LIKE A COKE CAN WITH A FAKE

BOTTOM.

STILL IT'S UNCLEAR WHAT THEY

WERE UP TO AS THEY LIVED AS

DONALD HEATH FIELD AND TRACY ANN

FOLEY.

AND JOINING ME IS PETER KRUPP,

WHO REPRESENTED DONALD

HEATHFIELD, ALSO KNOWN AS ANDREY

BEZRUKOV.

I KNOW THERE ARE SOME THINGS YOU

CAN'T TELL ME DUE TO

ATTORNEY/CLIENT PRIVILEGE.

BUT WERE THEY EVER ALLOWED BACK

INTO THE TROWBRIDGE STREET HOME

TO COLLECT PERSONAL ITEMS?

>> NO.

ONCE THEY WERE ARRESTED THEY

WERE TAKEN OUT OF THE HOME.

THERE WAS A SEARCH WARRANT THAT

HAD BEEN AUTHORIZED, AND THE

SEARCH BEGAN BY THE FBI AND

MAYBE OTHER LAW ENFORCEMENT

AGENCIES THAT WERE HELPING THE

FBI.

>> Emily: SO ANY PERSONAL ITEMS,

CLOTHING, JEWELRY, COLLECTIBLES,

ARTWORK, ALL OF THAT BECOMES THE

PROPERTY OF THE UNITED STATES

GOVERNMENT?

>> NO.

AS PART OF THE PLEA DEAL, THEY

AGREED TO FORFEIT CERTAIN

THINGS.

ONE OF WHICH IS THE ACTUAL

STRUCTURE, THE HOUSE.

BUT THE CONTENTS OF THE HOUSE IS

NOT FORFEITED AND ONCE THE

GOVERNMENT HAS REVIEWED IT TO

DETERMINE IF ANY OF THE ITEMS IN

THE HOUSE HAVE ANY EVIDENTIARY

VALUE, THE GOVERNMENT WILL

RETURN THEM TO ME ON THEIR

BEHALF.

>> Emily: AND THEN, I MEAN, DO

YOU SHIP IT -- I'M CURIOUS

ABOUT -- DO THEY WANT THIS STUFF

BACK?

>> I DON'T KNOW IF THEY WANT IT

ALL.

BUT I SUSPECT SOME OF IT.

>> Emily: I CAN'T IMAGINE.

THE ITEMIZED LIST.

>> THE GOVERNMENT HAS DONE THE

ITEMIZED LIST OF EVERYTHING THEY

TOOK OUT OF THE HOUSE.

WHATEVER THEY FEEL IS

NONEVIDENTIARY VALUE WILL BE

RETURNED AND WE'LL GET IT BACK

TO THEM.

>> Emily: IS THERE ANYTHING

SIGNIFICANT IN YOUR MIND, AND I

KNOW THAT YOU REPRESENT ANDREY

ANYWAY, THAT IS OF VALUE TO THE

GOVERNMENT?

>> IT'S HARD FOR ME TO SAY.

I HAVEN'T SEEN ANY OF IT.

I HAVE ONLY SEEN THE LIST OF

WHAT THE ITEMS ARE.

A LOT OF THE ITEMS ARE LISTED AS

MISCELLANEOUS PAPERS AND IT'S

HARD FOR ME TO TELL WHAT THOSE

CONTAIN.

THERE ARE COMPUTERS, THERE'S --

>> Emily: EVERYBODY HAS A

COMPUTER.

>> WHAT ANYBODY WOULD FIND IN

THEIR HOUSE.

BLACKBERRY, MISCELLANEOUS

PRESCRIPTION MEDICATION.

THERE'S CREDIT CARDS, THINGS

LIKE THAT.

>> Emily: BUT THE COMPUTERS

COULD HAVE ENCRYPTED MATERIAL?

YOU HAVE NO IDEA?

>> I HAVE NO IDEA.

I CAN SAY THAT THE GOVERNMENT

OVER THE COURSE OF TEN YEARS

WHILE THEY WERE WATCHING

MR. HEATHFIELD AND MS. FOLEY,

WHILE THEY WERE WATCHING THEM

THEY RECEIVED VARIOUS SEARCH

WARRANTS TO GO INTO THE HOUSE

WHEN THEY WERE ON VACATION OR

WERE AWAY AND THEY WERE

AUTHORIZED TO GO IN, TAKE

PICTURES OF DOCUMENTS, TAKE

COPIES OF DOCUMENTS, PUT THEM

BACK WHERE THEY WERE.

THEY HAD SEARCHES OF SAFE

DEPOSIT BOXES AND LOOKING OVER

THE ENTIRE TEN-YEAR SPAN, THE

GOVERNMENT WAS STILL UNABLE TO

POINT TO ANY SECRET OR ANY

ESPIONAGE OR ANYTHING STOLEN OF

VALUE TO THE U.S. GOVERNMENT --

>> Emily: LIKE TEN YEARS, WELL,

YOUR CLIENTS AWARE THAT THEY

WERE BEING SPIED UPON BY THE

UNITED STATES GOVERNMENT?

>> I DON'T KNOW THE ANSWER TO

THAT BUT I'VE GOT TO THINK THE

ANSWER IS NO.

>> Emily: I WOULD THINK THE

ANSWER IS YES.

[ LAUGHTER ]

>> I DON'T KNOW.

FOR SURE.

IT DOES SEEM TO ME THAT AS SOON

AS THEY WERE KNOWN TO THE U.S.

GOVERNMENT TO BE WORKING FOR THE

RUSSIAN FEDERATION, THEY BECAME

AN ASSET OF THE U.S. GOVERNMENT

THAT COULD BE TRADED AT ANY

TIME.

THEY COULD BE ARRESTED AT ANY

TIME AND SO THE U.S. GOVERNMENT

WAS WATCHING THEM.

APPARENTLY SEEMS TO THINK THEY

WERE NOT OF ANY GREAT THREAT

BECAUSE THEY LEFT THEM OUT ON

THE STREET TO CONTINUE TO DO

WHAT THEY WERE DOING.

AND I HAVE YET TO SEE ANY

EVIDENCE SURFACE OR DISCLOSED BY

THE GOVERNMENT THAT INDICATES

THAT THEY HAD ANY SECRETS.

>> Emily: IT WAS -- EITHER YOU

OR YOUR PARTNER, FORGIVE ME, I

CAN'T REMEMBER WHICH ONE, THAT

HAD THE GREAT LINE ON FIRST DAY.

THAT THEY WERE GUILTY OF

INVADING COCKTAIL PARTIES AND

PTA MEETING.

DO YOU STILL BELIEVE THAT?

>> THAT SEEMS TO BE WHAT

HAPPENED.

THE LINE BETWEEN SOMEBODY WHO

IS -- WELL, LET ME BACK UP A

SECOND.

THEY WERE -- HEATHFIELD AND

FOLEY WERE ACCUSED OF BEING AN

AGENT FOR THE RUSSIAN

FEDERATION.

THAT IS TO SAY THEY WERE HERE

AND HAD AGREED TO TAKE CERTAIN

DIRECTION FROM THE RUSSIAN

FEDERATION AND DID IT WITHOUT

REGISTERING.

THEY'RE NOT ACCUSED OF ESPIONAGE

OR A WHOLE HOST OF THINGS THAT

IF THEY WERE REALLY SPIES AS WE

THINK OF THE TERM SPIES, THEY

MIGHT HAVE BEEN ACCUSED OF.

SO I GUESS IT'S FOR THE PUBLIC

TO DECIDE WHAT CONSTITUTES A

SPY, IF YOU'RE GATHERING GENERAL

INFORMATION ABOUT THE UNITED

STATES AND THE WAY -- HOW PEOPLE

THINK AND THE WAY IN WHICH

DECISIONS ARE MADE IN THE UNITED

STATES, GENERAL TOPICS THAT WE

ALL TAKE FOR GRANTED, MAYBE

THAT'S SPYING IN A CERTAIN SENSE

ON THE UNITED STATES.

BUT IT'S A PRETTY INNOCUOUS

VERSION.

MAYBE THERE WAS A GREATER

PURPOSE, MAYBE THEY WERE LOOKING

FOR MORE SECRETS BUT AS FAR AS I

CAN TELL THERE WEREN'T ANY.

>> Emily: THAT MUST HAVE BEEN

LOOK -- THEY MUST HAVE BEEN

LOOKING FOR SOMETHING.

I KNOW YOU SAID OFF CAMERA THAT

YOU'RE NOT COMFORTABLE TALKING

ABOUT THE CHILDREN.

IS THERE ANYTHING YOU CAN TELL

ME THOUGH ABOUT THE PLEA DEAL

THAT INVOLVED -- I MEAN, THEY IT

WAS REPORTED IN THE PRESS SO I

FEEL COMFORTABLE ASKING YOU

THIS, THEY WERE CONCERNED ABOUT

THE WELFARE OF THEIR TWO KIDS,

16 AND 20.

WAS THAT PART OF THE ARRANGEMENT

WHEN THEY NEGOTIATED THE DEAL

BACK TO RUSSIA?

>> MY CLIENT AS HIS WIFE WERE

ALWAYS -- YOU KNOW, THAT WAS

THEIR FIRST CONCERN IS THEIR

KIDS, BUT IT WAS NOT PART OF THE

PLEA ARRANGEMENT.

THE PLEA ARRANGEMENT WAS JUST

REALLY THAT THEY WOULD ADMIT

CERTAIN FACTS, MINIMAL FACTS.

THEIR NAME AND THAT THEY WERE

RUSSIAN CITIZENS AND THAT THEY

HAD ACTED IN THE UNITED STATES

AT THE DIRECTION OF THE RUSSIAN

FEDERATION.

AND THAT THEY WOULD BE ON A

PLANE BACK TO MOSCOW ON THURSDAY

NIGHT.

AND --

>> Emily: AND THAT THE KIDS

WOULD ALREADY BE THERE?

>> YEAH.

>> Emily: COULD THOSE CHILDREN

HAVE STAYED IN THE COUNTRY IF

THEY HAD CHOSEN TO?

>> I DON'T KNOW THE ANSWER TO

THAT.

I THINK THE ANSWER IS YES, BUT

I'M NOT SURE.

>> Emily: DO YOU KNOW WHAT

NATIONALITY THEY ARE?

>> I CAN'T COMMENT ON THAT.

I WON'T TALK ABOUT THE KIDS.

>> Emily: BECAUSE IT HASN'T BEEN

REPORTED.

I DON'T KNOW IF THEY'RE

OR RUSSIA.

CAN THEY RETURN TO THE COUNTRY?

>> I THINK THEY CAN.

THROUGHOUT THE TEN-YEAR

INVESTIGATION THERE'S NO

SUGGESTION THAT THE GOVERNMENT

HAD ANY BEEF OR GRIEVANCE WITH

THE KIDS OR THAT THE KIDS HAD

ANY ROLE WHATSOEVER.

SO THE KIDS -- ONE OF WHOM IS AN

ADULT.

>> Emily: YEAH, 20 AND 16.

>> IT WILL BE UP TO THE KIDS TO

DECIDE HOW THEY WANT TO MAKE THE

DECISIONS FOR THEMSELVES IN THE

FUTURE.

>> Emily: DO YOU KNOW IF THE

KIDS KNEW THEIR PARENTS' LINE OF

WORK?

>> I DON'T.

I BELIEVE THEY DID NOT.

>> Emily: YOU BELIEVE THEY DID

NOT.

SKEPTICAL ABOUT WHAT THEY DID.

WELL, WHAT'S GOING TO HAPPEN

NOW?

ARE YOU CONTINUING TO BE -- TO

REPRESENT THEM?

I MEAN, WHAT KIND IS -- IS THIS

A DONE DEAL?

IS THE LEGAL ORDEAL OVER?

>> I HOPE IT IS.

I HOPE THAT THE GOVERNMENT WILL

RETURN THE PROPERTY OF ANDREY

BEZRUKOV TO ME AS THEY HAVE

AGREED.

I ASSUME WE'LL BE ABLE TO TAKE

CARE OF THAT IN RELATIVELY SHORT

ORDER.

AND THAT WILL PROBABLY BRING

EVERYTHING TO A CLOSE.

>> Emily: THE GOVERNMENT WILL

SEIZE THE HOUSE?

HOW DOES THAT WORK?

>> YES.

THAT'S THE STANDARD FORFEITURE

PROCEDURE.

>> Emily: WAS THERE A MORTGAGE

ON THE HOUSE?

>> THERE WAS.

>> Emily: SO THEY ASSUME THAT?

>> NO, USUALLY THE PROPERTY GETS

SEIZED BY THE GOVERNMENT AND THE

MORTGAGE GETS PAID OFF FIRST AND

THEN WHAT EVER IS LEFT OVER GOES

TO THE GOVERNMENT.

>> Emily: HOW DID MR. HEATHFIELD

FIND YOU?

WAS IT FAIRLY ARBITRARY OR DID

YOU FIND THEM BEFORE?

>> I HOPE IT WASN'T ARBITRARY,

BUT I DIDN'T KNOW THEM BEFORE.

I WAS REFERRED TO THEM.

>> Emily: WHAT IS YOUR

EXPERTISE?

>> I DO CRIMINAL DEFENSE AND

COMMERCIAL LITIGATION.

>> Emily: BUT NOT NECESSARILY

ANYTHING TO DO WITH

INTERNATIONAL YOU KNOW,

ESPIONAGE?

>> NO.

I THINK THERE'S VERY FEW WITH

INTERNATIONAL ESPIONAGE IN THE

LEGAL COMMUNITY.

>> Emily: THIS HAS TO BE HIGH

PROFILE AND THERE'S A WHIMSICAL

ASPECT TO IT AND I DON'T MEAN TO

BELITTLE THE IDEA THAT THEY

MIGHT HAVE BEEN HERE UNDER

NEFARIOUS PURPOSE, BUT IT'S GOT

TO BE INTRIGUING TO YOU.

>> YEAH, A FASCINATING TEN DAYS.

BETWEEN THE TIME THEY WERE

ARRESTED AND THE TIME THEY WERE

ON PLANE TO MOSCOW I THINK IT

WAS ABOUT TEN DAYS.

>> Emily: HOW MUCH TIME DID YOU

GET TO SPEND WITH THEM BEFORE --

>> FAIR AMOUNT.

FOR ME, I SAW A SIDE OF THE U.S.

FOREIGN POLICY THAT I HAD NEVER

SEEN.

>> Emily: FLATTERING OR

UNFLATTERING?

>> WELL, DECISIONS WERE MADE AT

A VERY HIGH LEVEL.

THEY WERE ON A PLANE ON THURSDAY

NIGHT.

ON TUESDAY, BEFORE THE THURSDAY

JUST TWO DAYS BEFORE, I LEARNED

THAT THE TERMS OF THE DEAL AND

THIS THE DEAL HAD BEEN ARRANGED

AT A VERY HIGH LEVEL.

I LEARNED THE TERMS OF DEAL FROM

A REPRESENTATIVE OF THE

RUSSIAN -- FROM THE RUSSIAN

EMBASSY.

>> Emily: REALLY?

>> I HAD NOT HAD CONFIRMATION

FROM ANY DEPARTMENT OF JUSTICE

ATTORNEY.

SO I LEFT THE RUSSIAN EMBASSY

OFFICIAL AT QUARTER TO 10:00 ON

THE MORNING, I GOT ON THE PHONE

TO THE DEPARTMENT OF JUSTICE,

THE U.S. ATTORNEY IN NEW YORK, I

TOLD HIM I UNDERSTOOD THERE WAS

A DEAL.

HE SAID I DON'T KNOW.

I'LL HAVE TO GET BACK TO YOU.

IT WAS MY IMPRESSION EITHER THAT

HE DIDN'T KNOW THE TERMS OF THE

DEAL YET, WHICH HAD JUST BEEN

NEGOTIATED BY THE CIA AS I

UNDERSTAND IT AS HAS BEEN

REPORTED, OR HE DIDN'T HAVE

AUTHORIZATION YET TO DISCUSS IT

WITH ME.

BUT I HAD LEARNED THE TERMS OF

THE DEAL FROM THE RUSSIAN

FEDERATION AND HE CALLED ME 45

MINUTES LATER, AND HE SAID, YES,

WHAT YOU HAD GOTTEN FROM THE

RUSSIAN REPRESENTATIVE ARE

CORRECT.

THAT'S NOT THE WAY CRIMINAL

CASES USUALLY WORK.

>> Emily: THAT IS FASCINATING.

>> SO IT WAS REALLY -- AND

ANOTHER THING THAT THE PERSON

FROM THE RUSSIAN EMBASSY TOLD ME

ON TUESDAY MORNING WAS THAT

MR. HEATHFIELD AND MS. FOLEY

WILL BE ON A PLANE ON THURSDAY

NIGHT.

THEY HAVE TO BE ON A PLANE ON

THURSDAY NIGHT.

AND SURE ENOUGH, IT HAPPENED.

FASCINATING.

>> Emily: WERE THEY SAD AT ALL

ABOUT LEAVING, DID THEY EXPRESS

REMORSE?

>> THAT REALLY GOES TO MY

DISCUSSIONS WITH THE CLIENT.

BUT I THINK IT WAS A VERY

DISRUPTIVE THING.

IT WAS DISRUPTIVE FOR THEIR

FAMILY, IT WAS DISRUPTIVE FOR

THEM PERSONALLY.¶

IT WAS DISRUPTIVE TO THE WAY

THEY HAD LIVED THEIR LIVES FOR

THE LAST TEN YEARS.

>> Emily: PETER KRUPP,

FASCINATING.

GREAT TALE.

THANKS FOR COMING.

WHEN WE CONTINUE, FIRE DESTROYED

THE BEACON HILL LOCATION.

NOW THE DeLUCA'S ON NEWBERRY

STREET IS SHUTTERED FOR OTHER

PROBLEMS.