Jul.02, 2010

The accused Russian agent known as Tracey Lee Ann Foley turned to her husband and co-defendant, known as Donald H. Heathfield, and mouthed the word “money” in a U.S. District court hearing yesterday, rubbing finger and thumb together.

The Cambridge couple continue to be held without bail. Their financial status was unclear yesterday. Heathfield’s lawyer, Peter Krupp, painting a picture that suggested beleaguered suburbanites caught in a Cold War nightmare, insisted evidence against them is “extremely thin” and “essentially suggests they infiltrated neighborhoods, cocktail parties and PTAs.”

The suspected spies are alleged to have used false identities and sent secret messages to Moscow. But their biggest concern, like any parents, Krupp said, is their two sons. Reportedly 16 and 20 but looking years younger, they watched expressionlessly from the rear of the courtroom as the family’s lawyers argued successfully their mom and dad should be allowed to meet to discuss what will happen to them. The boys and Krupp declined to comment further, and it is unclear how the boys are supporting themselves.

Assets are commonly frozen in money-laundering cases, and experts say any support from the couple’s alleged Moscow spymasters would be cut off now - though a New York prosecutor yesterday insisted any bailed spies will get help escaping.

The U.S. Attorney’s office declined to confirm whether the couple’s assets have been frozen. They are charged with conspiracy to act as unregistered foreign agents and to commit money laundering - among 11 suspects arrested in a spy probe this week.

“When they were caught, the Russians cut them adrift,” said Neil Livingstone of ExecutiveAction in Washington, D.C. “It’s not like the Russians are setting up a legal defense fund. They all have money problems right now.”

The couple recently put down $158,000 on a $790,000 Cambridge manse, taking a $632,000 mortgage. Heathfield was running his own consulting business. Foley had a low-paying entry-level real estate job. Whether they have the resources to flee is likely to come up at a July 16 detention hearing. The ring’s alleged paymaster, Christopher Metsos, is being sought by red-faced authorities in Cyprus after he jumped bail there.

At a hearing for their co-defendants in New York, a federal prosecutor argued bailed defendants would have a “powerful sophisticated network” to aid their escape.