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Judge OKs Colombia Funds for Ames’ Son : Espionage: Dispute rages over whether bank account belongs to boy’s grandmother or is payment from Russians.

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TIMES STAFF WRITER

A federal judge Tuesday allowed accused CIA spy Aldrich H. Ames and his wife, Rosario, to draw $500 a month from a Colombian bank account to pay for the care of their 5-year-old son while they await trial behind bars.

The source of the money in the account is a matter of dispute, with U.S. District Judge Claude Hilton finding that $111,000 had been transferred to the Colombian account from funds the Russians allegedly put in Ames’ Swiss bank account.

But William B. Cummings, Mrs. Ames’ attorney, contended that the Colombian account contains only her mother’s pension money.

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“That is not the Ameses’ money,” Cummings said.

He said that Cecilia Dupuy de Casas, the boy’s maternal grandmother, who has not been implicated in the espionage case, plans to take him to her homeland of Colombia this week because media attention has prevented the boy, Paul, from returning to school or otherwise living a normal life.

Ames, a former counterintelligence officer for the CIA, and his wife were arrested last month on charges that they sold information over a nine-year period in what could be the longest and most damaging penetration of the CIA by a spy for the Soviet Union--and later Russia.

Hilton delayed ruling on a government motion to hold the couple in contempt for failing to obey his order to transfer to the United States $2.2 million in funds deposited in accounts in Switzerland, Italy and Colombia. The money allegedly was paid to them by the Russians for their spying.

The judge indicated that he is hopeful that prosecutors and defense attorneys will reach agreement on transferring the funds to the United States.

But Plato Cacheris, Ames’ lawyer, said the order violates the U.S. Constitution’s protection against self-incrimination by requiring “us to acknowledge ownership of those accounts and we are not prepared to do that.”

Outside the hearing, Cacheris and Cummings made clear that they are open to discussions about a possible plea bargain with the government.

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“All options are open,” Cacheris said. “We’re always interested in pursuing discussions,” Cummings said.

The government could find two advantages in resolving the case under an agreement with Ames.

First, prosecutors could avoid disclosing classified materials that Ames likely would want to use for his defense.

Also, they could obtain the defendants’ assistance in assessing the damage allegedly caused by Ames, who had access to some of the agency’s most sensitive secrets.

Government sources familiar with the case said they doubt that prosecutors could offer any likelihood of leniency for Ames but might be more flexible toward his wife and in helping to achieve acceptable arrangements for their son.

In arguments over use of the funds for the boy, prosecutor Mark J. Hulkower said the money in the overseas accounts “could only have come from Russian money” and thus was no different from that recovered “in a bank robber’s bag.” They have “no more right to it than the bank robber.”

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All of Ames’ legitimate CIA salary has been traced as spent, Hulkower said.

He argued that before any money is released, the Ameses should first bring back to this country funds that the Russians allegedly paid them.

Hilton turned to the Colombian account as a source of money for the boy after Hulkower cited FBI evidence showing that between 1987 and 1990, Ames had made 13 wire transfers totaling $111,000 from his Swiss account to the Colombian account.

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