17 August 1997
Source: BW via BP
AO 91 (REV. 5/85) Criminal Complaint [Form]
United States District Court |
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EASTERN DISTRICT OF VIRGINIA |
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UNITED STATES OF AMERICA | |
v |
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ALDRICH HAZEN AMES, a/k/a Rick Ames |
CRIMINAL COMPLAINT |
DOB: May 26, 1941 |
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MARIA DEL ROSARIO CASAS AMES, a/k/a |
CASE NUMBER: [None] |
Rosario Ames; DOB: December 19, 1952 |
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2512 North Randolph Street |
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Arlington, Virginia |
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(Name and Address of Defendant) |
I, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge and belief. From on or about May 1985 - Present in Fairfax County, in the Eastern District of Virginia defendant(s) did (Track Statutory Language of Offenses)
knowingly, intentionally, and unlawfully conspire, combine, confederate and agree with others known and unknown, to violate Title 18, United States Code, Section 794(a) and di commit an overt act in furtherance thereof as described more fully in paragraph 29 of the attached Affidavit, to wit: with intent and reason to believe that it is to be used to the injury of the United States and to the advantage of a foreign nation, communicate, deliver, and transmit, to representatives of the government of the Union of Soviet Socialist Republics (and now the Russian Federation), directly and indirectly, information relating to the national defense of the United States, that is: classified CIA operations and classified CIA human assets,
in violation of Title 18 United States Code, Section(s) 794(c) .
I further state that I am a(n) Special Agent of the FBI and that this complaint is based on the following facts:
See attached Affidavit submitted in support hereof which Affidavit is incorporated herein by reference.
Continued on the attached sheet and made a part hereof: [X] Yes [ ] No
MARK J. HULKOWER Assistant United States Attorney |
[None]
_______________________________ |
Sworn to before me and subscribed in my presence | LESLIE G. WISER, JR., Special Agent |
[None]
_______________________________ |
Alexandria, Virginia
_______________________________ |
[None]
_______________________________ |
[None]
_______________________________ |
AO 442 (REV. 12/85) Warrant for Arrest [Form]
United States District Court |
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EASTERN DISTRICT OF VIRGINIA |
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UNITED STATES OF AMERICA | |
v |
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ALDRICH HAZEN AMES |
WARRANT FOR ARREST |
a/k/a Rick Ames |
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DOB: May 26, 1941 |
CASE NUMBER: [None] |
To: The United States Marshal and any Authorized United States Officer
YOUR ARE HEREBY COMMANDED to arrest ALDRICH HAZEN AMES, a/k/a Rick Ames, and bring him or her forthwith to the nearest magistrate to answer a(n)
[ ] Indictment [ ] Information [X] Complaint [ ] Order of Court [ ] Violation Notice [ ] Probation Violation Petition
Charging him or her with (brief description of offense)
knowingly, intentionally, and unlawfully conspiring with others known and unknown, to violate Title 18, United States Code, Section 794(a) (Espionage),
in violation of Title 18 United States Code, Section(s) 794(c) .
[None]
_______________________________ |
United States Magistrate Judge
_______________________________ |
[None]
_______________________________ |
Alexandria, Virginia
_______________________________ |
[None] Bail fixed at $ ______________________ |
[None]
by __________________________ |
[Same Warrant for Arrest of Maria Del Rosario Casas Ames omitted.]
CASE NUMBER [None] CASE NAME: ALDRICH HAZEN AMES MARIA DEL ROSARIO CASAS AMES AFFIDAVIT IN SUPPORT OF WARRANTS FOR ARREST AND SEARCH AND SEIZURE WARRANTS I, LESLIE G. WISER, JR., being duly sworn, state as follows: 1. I am presently employed as a Supervisory Special Agent of the Federal Bureau of Investigation (FBI), and am assigned to the Washington Metropolitan Field Office (WMFO) in the District of Columbia. I have worked in the criminal justice system for 14 years, and for the past 10 years I have been employed as a FBI Special Agent. I have been assigned to foreign counterintelligence investigations for the past seven years. I presently have supervisory responsibilities over certain counterintelligence investigations at WMFo. As a result of my training and experience, I am familiar with the tactics, methods, and techniques of foreign intelligence services and their agents. 2. This affidavit is in support of the following: a. Warrants for Arrest of: ALDRICH HAZEN AMES, also known as (hereinafter "aka" RICK AMES, D08: 5l26/41; and, MARIA DEL ROSARIO CASAS AMES, aka ROSARIO AMES, his wife, DOB: 12/19152, for violations of Title 18, United States Code (USC), Section 794(c) (Conspiracy to Commit Espionage). b. Applications for Search Warrants for:. 1) Premises known and described as a single family residence located at 2512 North Randolph Street, Arlington, Virginia (as more fully described in ATTACHMENT A), which is within the Eastern District of Virginia; 2) Premises known and described as Room GV06, Counternarcotics Center, CIA Headquarters, Langley, Virginia (as more fully described in ATTACHMENT B), which is within the Eastern District of Virginia; 1[End]
3 ) One 1992 JAGUAR, bearing Virginia tags ZZU-7277, VIN: SAJHY1746NC655975, which based on recent observation by FBI special Agents and surveillance personnel is presently located at 2512 North Randolph Street, Arlington, Virginia; 4) One 1989 HONDA, bearing Virginia tags QEO-654, VIN: 1HGCA564XKA123675, which based on recent observation by FBI Special Agents and surveillance personnel is presently located at 2512 North Randolph Street, Arlington, Virginia; and, 5)-One drilled safe deposit bax, number 80042, maintained at First Union National Bank of Virginia (formerly Dominion Bank of Virginia, 81S0 Leesburg Pike, Vienna, Virginia), 1970 Chain Bridge Road, McLean, Virginia, in the name of ALDRICH and ROSARIO AMES. c. Applications for Seizure Warrants for: 1) One 1992 JAGUAR, bearing Virginia tags ZZU-7277, VIN: SAJHY1746NC655975, which based on recent observation by FBI Special Agents and surveillance personnel is presently located at 2512 North Randolph Street, Arlington, Virginia; and, 2) 0ne 1989 HONDA, bearing Virginia tags QEO-654, VIN: 1HGCA564XKA123675, which based on recent observation by FBI Special Agents and surveillance personnel is presently located at 2512 North Randolph Street, Arlington, Virginia. 3. The information stated below is based on personal knowledge, training and experience I have acquired as a Special Agent, including training and experience I have gained while assigned foreign counterintelligence investigations, and information provided to me by others as noted herein. 4. This Affidavit concerns an investigation by the FBI into the compromise of operations and intelligence information of the Central Intelligence Agency (CIA). During the course of this investigation, I and others have conducted interviews, physical and electronic surveillances, financial analyses, and other forms of inquiry in the United States ("U.S.") and abroad. 2
5. The results of this investigation to date indicate there is probable cause that: a. ALDRICH HAZEN AMES, aka RICK AMES (hereinafter "AMES", or "ALDRICH"), a United States citizen, is an agent of the Russian Federation foreign intelligence service, commonly referred to within the U.S. intelligence community as the SVRR. The SVRR is the direct successor to the Committee for State Security of the Union of Soviet Socialist Republics (hereinafter "USSR" or "Soviet Union), known as the KGB. An agent of a foreign intelligence service is one, other than an intelligence officer, employee, or cooptee, who clandestinely and illegally acts on behalf of that service. b. From in or about May 1985 through the present, in the Eastern District of Virginia and elsewhere, AMES and his wife; MARIA DEL ROSARIO CASAS AMES, aka ROSARIO AMES (hereinafter "ROSARIO AMES", or "ROSARIO"), conspired together and with others known and unknown to knowingly, intentionally, and unlawfully violate Title 18, USC, Section 7~4(a), to wit: With intent and reason to believe that it is to he used to the injury of the United States and to the advantage of a foreign nation, communicated, delivered, and transmitted, to representatives of the government of the Union of Soviet Socialist Republics (and now the Russian Federation), directly and indirectly, information relating to the national defense of the United States, to wit: classified CIA operations and classified CIA human assets and did commit overt acts in furtherance thereof as described more fully in paragraph 29, below, all in violation of Title 18, USC. Section 794(c) (Conspiracy to Commit Espionage). c. AMES was paid in excess of 1.5 million dollars for the information he provided to the KGB and SVRR, which he laundered through various financial accounts located abroad and in the United States, and which he and his wife subsequently used for personal gain and enjoyment. 6. This investigation has established that the communications, deliveries, and transmissions referred to in paragraph 5.b., above, were accomplished via personal meets abroad, and by signal sites and dead drops in the Washington, D.C. metropolitan area. Based on my training and experience I know that: 3
a. A signal site is a prearranged location where a foreign agent or intelligence officer may utilize impersonal, clandestine means of communication to convey a prearranged message. For example, an agent may place a chalk mark or a soda can at a prearranged site, such as a telephone pole, to advise his handling intelligence officer that a dead drop will be "loaded" (i.e., tangible items will be left at a designated location) that day. b. A dead drop is a prearranged location where a foreign agent or intelligence officer may utilize impersonal, clandestine means of communication to transfer tangible objects between them. As an example, an agent may transfer classified documents, film, or diskettes to his handling officer by placing them in a trash bag and secreting the bag in a log or pipe. Later, the handling officer can retrieve the bag containing the documents, film, or diskettes, without ever having personal contact with the agent. c. The intelligence services of the former USSR and now the Russian Federation (or "Russia"), including the SVRR, have utilized and continue to utilize signal sites and dead drops for reasons of operational security. BACKGROUND 7. ALDRICH HAZEN AMES, born May 26, 1941, entered on duty as an employee of the Central Intelligence Agency (CIA) on June 17, 1962. CIA records establish he is currently employed as an operations officer at pay grade GS-14 (annual salary of approximately $69,843) within the Counternarcotics Center (CNC), Directorate of Intelligence, at CIA Headquarters, Langley, Virginia. This is the highest pay grade AMES has held during his CIA employment. Throughout AMES' employment by the CIA, he has held a "Top Secret" security clearance. AMES was previously assigned duties as an operations officer specializing in recruiting officials and intelligence officers of the USSR. He was also assigned duties as an analyst specializing in counterintelligence matters with respect to the intelligence services of the USSR. Specifically, from 1983 until 1985, AMES was the Chief of the Soviet-Counterintelligence Branch in the SE (Soviet/East European) Division. The CIA has assigned AMES to duties both in the U.S. and abroad, including: Ankara, Turkey 1969-72 Washington, D.C. 1972-76 New York, N.Y. 1976-81 Mexico City, Mexico 1981-83 Washington, D.C. 1983-86 Rome, Italy 1986-89 Washington, D C. 1989-present 4
[Duplicate of page 4 omitted]
In each of these assignments, AMES has had regular and frequent access to information and documents classified "Secret" and "Top Secret" pursuant to Executive Order 12356. 8. According to CIA records, AMES has been married since August 10, 1985, to MARIA DEL ROSARIO CASAS AMES (maiden name: DUPUY), a United States citizen, born December 19, 1952, in Bogota, Colombia. She is currently a part-time student at Georgetown University in the District of Columbia. ROSARIO AMES was a paid source for the CIA from about April 1983, having been under development since June 1982, to about December 1983 while employed in Mexico City, Mexico, as a Cultural Attache for a foreign government. She is not presently employed. ALDRICH and ROSARIO AMES reside at 2512 North Randolph Street, Arlington, Virginia, with their minor son. ESPIONAGE-RELATED ACTIVITIES 9. In March 1984, as part of his duties as a CIA operations officer, AMES began having meetings and telephone conversations authorized by the CIA with Soviet Embassy officials located in Washington, D.C. These officials were targeted by the CIA for assessment as possible sources for intelligence information. AMES was required to report to his superiors each of these contacts which occurred on a frequent basis until July 1986. 10. A review of pertinent investigative records revealed AMES scheduled numerous meetings with Soviet Embassy personnel which he either did not report at all or reported months afterward. In addition, AMES made frequent, large deposits of cash, not explained by his known income, into various accounts after many of these unreported meetings. For example, FBI records indicate that on or about February 14, 1986, AMES scheduled a meeting with a Soviet contact, which, according to CIA records, he did not thereafter report. On the day following this meeting, deposit slips reflect separate cash deposits of $5,000 and $8,500 to his Dominion Bank of Virginia checking account, number 7018340150, and a separate cash deposit of $6,500 to his wife's Dominion Bank of Virginia checking account, number 70183402S7. These deposits were posted to AMES' accounts on or about February 18, 1986. 11. As a result of information obtained through electronic surveillance authorized by the Foreign Intelligence Surveillance Court, searches authorized by the Attorney General pursuant to section 2.5 of Executive Order 12333, trash covers, and other investigation which is detailed herein, I believe AMES has traveled abroad to meet surreptitiously with KGB/SVRR 5
officers on several occasions, including on or about October 4-6 1992, in Caracas, venezuela; and, on or about November 1-2, 1993 in Bogota, Colombia. Unreported Travel to Caracas, Venezuela October 1992 12. Airline records and charge receipts reveal AMES traveled to Bogota, Colombia, on or about October 2, 1992; to Caracas, Venezuela, on or about October 4, 1992; and on to Miami, Florida, on or about October 7, 1992. Although CIA regulations require that an employee in AMES' position report in advance any personal foreign travel, including the countries to be visited, AMES did not advise the CIA of his trip to Venezuela. On or about September 18, 1992, AMES advised the CIA that he intended to travel to Bogota, Colombia, to assist his mother-in-law, who resides in Bogota. Airline records, however, indicate that his mother-in-law was in the United States during the period on or about September 26, 1992, through on or about October 6, 1992. 13. A typewriter or printer ribbon obtained in a search of AMES' trash at his residence by FBI Special Agents on or about October 6j 1993, provides additional information about his trip to Venezuela. An analysis of the contents of that ribbon indicated a meeting took place in Caracas in October, 1992. In documents obtained from the ribbon, which were typed in August and September 1992, AMES said, Given the shortness of time before our next meeting, I am putting a note on the package which I hope will cause the people here to send you a telegram confirming my intent to make our scheduled meeting on 5/6 October. Besides getting cash in Carascus [sic] (I have mentuoned [sic] how little I like this method, though it is acceptable), I still hope that you will have decided on some safer, paper transfer of some sort of a large amount. Until we meet in Caracas....K 18/19 August. 14. Following his return from Caracas on or about October 7, 1992, the following cash deposits were made to AMES' and his wife's Dominion Bank of Virginia checking accounts, number 7018340150 and number 7018340257, respectively, totaling: 6
$8,500 00 on 10/08/92 1,700.00 on 10/13/92 7,000.00 on 10/l3/92 9,600.00 on 10/18/92 8,600.00 on 10/22/92 8,700.00 on 10/30/92 9,400.00 on 11/10/92 5,000.00 on 11/16/92 Total: $58.500.00 ========== In addition, the following cash deposits were made into AMES' Riggs National Bank of Virginia account, number 01297562: $8,500.00 on 10/08/92 9,200.00 on 10/13/92 7,300.00 on 10/30/92 3,200.00 on 11/16/92 Total: $28,200.00 ========== 15. The Dominion Bank of Virginia and Riggs National Bank of Virginia deposits detailed in paragraph 14, above, over a six-week period totalled approximately $86,700, exclusive of his salary deposits during this period. Unreported Travel to Bogota, Colombia October/November 1993 16. On or about September 15, 1993, FBI Special Agents and surveillance personnel removed from AMES' trash at his residence torn pieces of paper bearing hand printed words that, when pieced back together, stated: I am ready to meet at B on 1 Oct. I cannot read North 13-19 Sept : If you will meet at B on 1 Oct. Pls signal North w[piece missing] of 20 Sept to confi[piece missing] message at pipe. If you cannot mee[piece missing] 1 Oct, signal North after 27 Sept with message at pipe. FBI laboratory analysis of this document determined that the note was written by AMES. 7
17. Based on my training and experience, I recognize the above note to be a draft message from an intelligence agent to a foreign intelligence service regarding the scheduling of a personal meeting. 18. Based on information acquired in an electronic surveillance of AMES' personal computer and software within his residence, which was authorized by the Foreign Intelligence Surveillance Court, on or about October 9, 1993, along with other information obtained through electronic surveillance and other means, I believe "B" refers to Bogota, Colombia. From electronically stored documents located in AMES' personal computer, "North" has been identified as a signal site used by the SVRR to contact AMES, and "Pipe" is a dead drop used by the SVRR to pass messages, instructions, and cash to AMES. In this message, AMES indicated he could not be contacted from the 13th through l9th of September. I have been advised by CIA officials and learned through electronic surveillance that AMES traveled to Turkey on official business on or about September 13 and returned to the U.S. on or about September 17, 1993. 19. Based on electronic and physical surveillance, as well as an analysis of information developed from a search of AMES' trash, as more fully described in paragraph 32, below, I believe AMES utilized a signal site and a dead drop site on or about September 9, 1993, to communicate the contents of the message described in paragraph 16, above, to his SVRR handlers signalling his readiness to meet in Bogota on or about October 1, 1993. Based on information obtained from AMES' computer (more fully described in paragraph 27, below), AMES utilizes signal sites to signal his readiness to transmit or receive messages via dead drops, and to transmit and receive messages that these dead drops have been either loaded or unloaded. 20. On the evening of September 9, 1993, ALDRICH and ROSARIO AMES drove together in their 1992 Jaguar to a parent's night at their son's school in Alexandria, Virginia. After the meeting, AMES drove with his wife as passenger into the District of Columbia to the intersection of Garfield Street and Garfield Terrace, Northwest, slowed dramatically, and turned into Garfield Terrace, a cul-de-sac. After turning around in a driveway on Garfield Terrace, they returned along Garfield street, drove into Virginia, and went directly to their residence. During this trip into the District of Columbia, they never left their car. 21. Based on my training and experience, I believe AMES and his wife were attempting to verify through a signal site that a dead drop he had filled that day was unloaded by the SVRR. This activity is consistent with a telephone call between AMES and his wife monitored earlier that day by electronic 8
surveillance, in which AMES advised that he would leave work early to perform an errand, which he did not further describe. 22. Based upon an analysis of video surveillance of their drive, it appears ALDRICH and ROSARIO AMES were looking for a signal from the passenger side of the car near the intersection of Garfield Street and Garfield Terrace, Northwest, Washington, D.C., where a U.S. mailbox is located. As noted in paragraph 27, below, AMES and his SVRR handlers use mailboxes as signal sites. 23. In anticipation of his personal meet in Bogota as discussed in the note, AMES made airline reservations on or about September 19, 1993, to travel to Bogota, Colombia, on September 29 and to return on October 4, 1993. On or about September 29, 1993, AMES received a message from the SVRR which indicated a modification of the meeting arrangement. This message was recovered in a search of AMES' residence as described further in paragraph 26, below. 24. On or about September 29, 1993, AMES had a discussion with his wife, which was monitored by FBI electronic surveillance, as follows: - Aldrich: Yeah, well, listen. There...there's news. No travel. Rosario: Oh.... Aldrich: Yeah...not going. - Rosario: Oh. Aldrich: So you should ah...guess...ah... give CECI a call whenever you can get through to her and ah...tell her that ...you know that...they ah....My visit was canceled. Rosario: Uh huh. And does that mean you retrieve something? Aldrich: Yeah. Uh huh. Yeah. 25. From the note and the above conversation, I believe AMES observed a signal at "North" the morning of on or about September 29, which the SVRR placed to postpone the October 1st meeting in Bogota. According to the note, AMES would next look to receive instructions through "Pipe". On or about September 30, 1993, AMES canceled his airline reservations to Bogota. 26. On or about October 9, 1993, while conducting an intelligence search at AMES' residence pursuant to Attorney General search authority, FBI Special Agents discovered a printed form that appeared to have been cut out of The Washington Times, titled, "Classified Clearance Corner", which contained the following handwritten words: 9
Are ready to meet at a city well known to you on 1 Nov. Alt dates are 2, 7, 8 Nov. If it does for you put Smile before the 17th of October Best regards. From information obtained through electronic and video surveillance, I believe AMES picked up from dead drop "Pipe" the document described above on or about Sunday, October 3, 1993. Early in the morning on October 3, 1993, AMES called ROSARIO AMES from his cellular telephone and told her, "All is well...." Later in the conversation she asked him, "Financially, too?" AMES replied, "Ah, Yeah, Ah. Wait 'til I get there." 27. I believe the above The Washington Times document contains the message referred to in the note recovered from AMES' trash on or about September 15, 1993, identified in paragraph 16, above, which was to be delivered to AMES through dead drop "Pipe". This message advised AMES that the meeting in Bogota had been rescheduled to November 1, 1993, and instructed AMES to indicate his assent by utilizing signal site "Smile" before October 17. Further, a document was located in AMES' computer identifying "SS Smile" as a mailbox at the corner of 37th and R Streets, N.W., Washington, D.C., on which a chalk mark would be made by AMES before 8:00 A.M. on any work day. I know that personnel assigned to the Russian Embassy routinely pass this intersection traveling between Mt. Alto, the location of the Russian residential compound, and the Russian Embassy located at 1125 16th Street, N.W;, Washington, D.C. Based on my training and experience, I know it is common intelligence tradecraft practice to place signal sites along routes normally travelled by the party being signalled. 28. Based on several factors, including but not limited to the following, I believe AMES signalled his assent to the November meeting in Bogota by placing a chalk mark at the mailbox, "SS Smile", on or about October 13, 1993: a. First, on or about October 12, 1993, FBI Special Agents monitored, by means of electronic surveillance authorized by the Foreign Intelligence Surveillance Court, a discussion between AMES and his wife ROSARIO AMES, substantially as follows: Aldrich: The other thing I have to do...I have to take off early to put a signal down. Rosario: You have to what? Aldrich: They would like confirmation that I am coming, that [unintelligible]. Rosario: Who? Aldrich: [unintelligible] 10
Rosario: But how do you....Do you have to lay something down in the afternoon? Aldrich: No. Uh uh. Just mark the signal. Rosario: Why didn't you do it today for God's sakes? Aldrich: I should have except it was raining like crazy. Rosario: But is it agreed that...? Aldrich: Before the 14th they said. Rosario: [unintelligible] Tomorrow's the 13th. Aldrich: Uh huh. Rosario: Well, honey, I hope you didn't screw up. Aldrich: Uh huh. Rosario: All you have to do is a mark? Aldrich: Yeah. Don't worry. If I didn't put it down they'd still show. Rosario: Do you have time to go there and come back? Aldrich: It only takes 15 minutes. There's no traffic. Rosario: Should I just take [their minor son]? Aldrich: ...6:00 A.M...6:30 A.M.... Rosario: Oh, that early. Oh, okay. Aldrich: I'll just go on and do it and bang and then I'm back here. b. Second, on or about October 13, 1993, video surveillance of AMES' residence, in Arlington, Virginia, revealed that AMES left his residence at approximately 6:22 A.M. and returned at approximately 6:44 A.M. I know that a round trip from AMES' residence to signal site "Smile" can be driven in less than 22 minutes during that time of day. c. Finally, at approximately 7:00 A.M. that same morning, FBI surveillance personnel observed a horizontal chalk mark on the mailbox at the corner of 37th and R Streets, N.W., Washington, D.C. FBI observation revealed this mailbox bore no chalk mark as of approximately 3:35 P.M., the day before (on or about October 12, 1993). I know from a document seized from AMES' computer, described in paragraph 27 above, this is the signal site "Smile" discussed in The Washington Times "Classified Clearance Corner" document described in paragraph 26, above. 29. Surveillance reveals that on or about October 30, 1993, AMES traveled to Bogota, Colombia, returning to the United States on or about November 3, 1993. CIA regulations require its employees to notify their employer when travelling outside the United States on personal business; however, I have been informed by CIA officials that AMES did not notify his superiors of his plans to travel to Colombia. AMES was observed on November 1, 1993 in Bogota. From information obtained through electronic surveillance, I have been advised that, prior to his departure 11
for Bogota, on or about October 29, 1993, AMES instructed ROSARIO AMES to falsely explain his absence: Aldrich: Now, if anybody calls during the day--it's not going to happen, but I'm (unintelligible]...but if anybody happens to call, you tell them I went up to Annapolis. You don't have to explain why. 30. Based on the above, as well as documents located in a search of AMES' residence, electronic surveillance including the following, and other information, I believe AMES met with SVRR officers in Bogota on November 1 and November 2, 1993. a. On November 1, 1993, AMES telephoned his wife in Arlington, Virginia, from Bogota, Colombia, and talked about his meeting earlier that evening. This discussion, monitored by electronic surveillance, was substantially as follows: Rosario: Why, what's up? Aldrich: How are you? Rosario: No. Honey, it's....What's up? Why are you there? Aldrich: No. Nothing. Nothing. I had a short meeting this evening. Rosario: Oh. Aldrich: I came back and ELISIO (phonetic) was here and so we had a good time. [pause] ; Rosario: Did you really meet? Aldrich: Uh huh. Rosario: When did you get back? Aldrich: [to someone in the background] When did I get back? [to Rosario] About nine. Rosario: Well, honey, you don't, honey, Rick....Why do have to... Aldrich: Nine-thirty. Rosario: ...Why do you have to ask my mother when you got back? Don't be an asshole. Later in the conversation, they continue substantially as follows: Rosario: ...The only reason I was upset was because I thought that it had all been for nothing and that, you know, you hadn't.... Aldrich: No. No. Uh uh. No. Rosario: You're sure? Aldrich: Yeah.... 12
Later in the conversation, they continue substantially as follows : Rosario: So what are you going to do tomorrow? Aldrich: I'm gonna do a little shopping in Unicentro, then I have meetings in the afternoon, and then out in the evening as well. Later in the conversation, they continue substantially as follows: Rosario: Okay, just be careful and you swear to me that nothing went wrong? Aldrich: Yeah. That's right. Rosario: You swear? Aldrich: Uh huh. Rosario: Well, you don't sound too sure. You're sure? Sure, right? Aldrich: Sure. Rosario: You wouldn't lie to me, would you? Aldrich: No. No. Okay7 Rosario: Okay. Aldrich: Okay. Good. Later in the conversation, they continue substantially as follows: Aldrich: Just rest assured. Okay? Rosario: Okay, Be careful tomorrow. Okay? Aldrich: Sure. b. I have been advised by CIA officials that AMES was not conducting official CIA business in Bogota. c. On November 3, 1993, AMES and his wife had a conversation at home in Arlington, Virginia, monitored by electronic surveillance, substantially as follows: Rosario: So when do you go back to Bogota? In a year or what? Aldrich: Yeah. Weil, not Bogota. Either Caracas or Quito [laughs because he has trouble pronouncing the word]...Quito. Rosario: Why those places? Well, at least it's not Lima. I mean you could get murdered in Lima. I mean I would rather go to Bogota anytime [unintelligible] than go to Lima, but .... Aldrich: Bogota [unintelligible] ... have to do four deliveries to me over the next year to build 13
up the financial situation. They're holding...they're holding...ah... one hundred and ninety thousand dollars. 31. Based on information obtained from electronic surveillance, from information found in AMES' trash at his residence relating to his 1992 trip to Caracas discussed in paragraph 12 above, and from cash deposits made to domestic accounts by AMES subsequent to his return from Caracas in 1992 and Bogota in 1993, I believe AMES received a cash payment from the SVRR in Bogota in November 1993. Examples of information obtained from electronic surveillance include conversations substantially as follows: October 25 1993 Rosario: [Losing your luggage] worries me a lot with your trip to Bogota. It's happening more and more and you know exactly what I mean. You cannot afford to lose your suitcase and so perhaps you should use a carry-on. Aldrich: I am going to use a carry-on. Rosario: Well, yeah, you're putting the bulk of the stuff in that suitcase, right? Aldrich: Sometimes, yeah, but I think I'm going to use the carry-on. Rosario: You are going to have to be a little more imaginative about you always have this envelope with this big hunk, I mean really. October 28, 1993 Rosario: ...Now the other thing we have to do is, if you get the money, and you think it might be advisable, I would, what I would do, would be to leave in cash, although it's a big amount of cash to leave but I guess it's better. You get the money in dollars, right? Aldrich: Right. October 29, 1993 Rosario: I don't want you to bring back anything that will make them want to look in your luggage. October 30, 1993 Rosario: [Discussing a garment bag that was delayed by the airline arriving in Bogota] I am very, very nervous. 14
Aldrich: I know Rosario: I know you don't give a shit about the suitcase, but, I mean, okay, fine. Aldrich: The suitcase will turn up. Rosario: Um, okay. Aldrich: I'm sure it will. Rosario: I'm just hoping you hadn't decided to pack your...and you didn't have anything...uh. Aldrich: What? Rosario: You didn't have anything that shouldn't have been in that bag in that bag? Aldrich: No, honey. As noted in paragraph 38, below, financial records indicate that on or about November 4, 1993, AMES deposited S8,700 cash into his Dominion Bank of Virginia checking account, number 7018340150, and $5,400 cash into his Riggs National Bank of Virginia account, number 01297562. In addition, on or about November 10, 1993, $7,500 was deposited into AMES' Dominion Bank of Virginia checking account, number 7018340150. Other Indications of Espionage Activity 32. On or about October 6, 1993, FBI Special Agents and surveillance personnel removed from AMES' trash at his residence a typewriter or printer ribbon which contained, among other things, two documents. Based upon an analysis of the contents of these documents, which were written in August and September 1992, I believe AMES prepared them as transmittal letters which, together with classified documents, were placed in a dead drop on or about September 3, 1992, to be retrieved by the SVRR. In them, AMES discussed dead drop activity, CIA personnel, access to classified information, CIA classified operational matters, and an upcoming~personal meet planned for Caracas. He also referred to an official trip he made to Moscow for the CIA and wrote, You have probably heard a bit about me by this time from your (and now my) colleagues in the MBRF. The MBRF, until December 1993, was the Russian Federal Ministry for Security, and was responsible for counterintelligence investigations in Russia. [Note: In or about December 1993, the MBRF was succeeded in a reorganization by the "MB". In or about January 1994, the MB was succeeded in a reorganization by the Federal Service for Counterintelligence, the FSK]. Colleagues of the MBRF include the Russian foreign intelligence service, the SVRR. I believe the above reference to "your... colleagues," 15
together with the reference to the MBRF, demonstrates that AMES is an agent of the SVRR. In addition AMES wrote, ...my wife has accomodated [sic] herself to understanding what I am doing in a very supportive way. 33. On or about October 9, 1993, as described above in paragraph 18, FBI Special Agents electronically copied, from AMES' computer and diskettes found in his residence, documents pertaining to his clandestine relationship with the SVRR. These documents included messages to the SVRR and the message, on a single diskette, from the SVRR to AMES. The contents of the documents relate to clandestine communications, classified CIA operations, classified CIA human assets, identities of CIA personnel whose actual employment the CIA seeks to protect, disclosure to the SVRR of AMES' access to classified information, and financial information, including payments made to AMES. 34. Among the documents copied from AMES' computer are the following: a. In one document, dated June 8, 1992, AMES wrote the following: My most immediate need, as I pointed out in March, is money. As I have mentioned several times, I do my best to invest a good part of the cash I received, but keep part of it out for ordinary expenses. Now, I am faced with the need to cash in investments to meet current needs-- a very tight and unpleasant situation! I have had to sell a certificate of deposit in Zurich and some stock here to help make up the gap. Therefore, I will need as much cash delivered in Pipe as you think can be accomodated [sic] -- it seems to me that it could accomodate [sic] up to $100,000. I believe this message is a request by AMES for a large sum of cash, which he would receive from his Russian handlers through dead drop "Pipe". b. A second document, which, based on AMES' computer records, I believe was written on or about December 17, 1990, discussed a CIA operation regarding an "SCD officer". The SCD, or Second Chief Directorate, was the arm of the KGB responsible for counterintelligence investigations in the Soviet Union. The MBRF is the direct successor of the SCD. According to CIA records, the SCD officer was being operated as a human 16
asset by the CIA, and carried the CIA "crypt", or codename, "GTPROLOGUE". The operation was classified "Secret". AMES wrote I did learn that GTPROLOGUE is the cryptonym for the SCD officer I provided you information about earlier. I have reviewed records indicating AMES had access to information regarding GTPROLOGUE, and that AMES wrote an official CIA memorandum, classified "Secret", on a related subject only three days earlier, December 14, 1990. Based on my experience, it is clear from this message that AMES informed Russian intelligence officials about the identity of a CIA human source, whose identity the CIA seeks to protect. 35. On or about June 25, 1993, an intelligence search of AMES' work area in Room GV06, New Headquarters Building, CIA Headquarters, Langley, Virginia, was conducted by FBI personnel pursuant to Attorney General authority. Numerous documents, papers, and notes were observed in AMES' work area. Of these items, approximately 144 were marked "Secret"; approximately 10 were marked "Top Secret" or "Top Secret" [codeword], a level more restrictive than "Top Secret." According to CIA officials, some of the other papers bearing no classification markings would properly be classified. The topics of many of these classified documents concerned intelligence, counterintelligence; and military information about the Russian Federation or the Soviet Union. I have been advised by CIA officials that many of these classified documents, including many of those dealing with Russia and some classified "Top Secret" or "Top Secret" [codeword], have no relationship to AMES' current duties as an operations officer in the Counternarcotics Center, even though AMES is responsible for narcotics intelligence in the Black-Sea region. Some of the documents not germane to AMES' current duties are dated after AMES' assignment to the CNC. Based on my experience, I know that agents of foreign intelligence services, particularly those motivated by financial gain, sometimes retain copies or records of documents or information they have previously transferred to foreign intelligence services for a number of reasons, including to later assist these agents in seeing increased payments for their services. FINANCIAL INFORMATION 36. ALDRICH AMES' financial records reflect take-home salary payments totalling approximately $336,164 from April 1985 through November 1993. This investigation has documented, 17
however, that during this same period, ALDRICH AMES and ROSARIO AMES spent at least $1,397,300 This total includes: $540,000 Purchase of residence at 2512 N. Randolph Street, Arlington, Virginia, September 1989; 99,000 Home improvements at 2512 N. Randolph St., September 1989 through July 1993; 7,000 Furniture purchased, September 1989 through December 1989; 21,000 Real estate and personal property taxes to Arlington County, October 1989 through October 1993; 25,000 Purchase of 1992 Jaguar (with monthly payments ~n excess of S400), January 1992; 19,500 Purchase of 1989 Honda, September 1989; 29,800 Telephone bills, 1990 to December 1993; 455,000 Credit card bills (payments in excess of $500), 1985 through 1993; 25,000 Georgetown University tuition, August 1990 through August 1993; 11,000 Child care and education expenses, April 1992 through June 1993; and 165,000 Purchases of stock and securities, 1985 through ___________ 1993. $l,397,300 37. Bank records that I have seen demonstrate that, between 1986 and the present, ALDRICH AMES and ROSARIO AMES transferred by wire a total of approximately $1,051,585 to their Dominion Bank of Virginia accounts, most of which was transferred from their Credit Suisse accounts. Further, those records indicate, between 1985 and the present, ALDRICH AMES and ROSARIO AMES also deposited an additional $487,100 in cash into their Dominion Bank of Virginia, Riggs National Bank of Virginia, and Northwest Federal Credit Union accounts. This investigation has determined that none of this $1,538,685, consisting of the wire and cash deposits, was derived from any salary checks of the CIA payable to ALDRICH AMES. 18
38. A more detailed accounting of this $487,100 in cash deposits follows. The Dominion Bank of virginia accounts, number 7018340150 and number 7018340257, are referred to in this paragraph as "DOM A" and "DOM B", respectively. Their Riggs National Bank of Virginia account, number 01297562, is referred to as "RIGGS", and their Northwest Federal Credit Union account, number 6666306, as "NFCU": Cash DePosits - 1985 5/18/85 DOM B $9,000-00 7/08/85 DOM A 5,000.00 7/11/85 DOM A 600.00 7/31/85 DOM A 8,500.00 8/04/85 DOM A 3,000.00 8/05/85 DON B 5,000.00 8/09/85 DOM A 7,000.00 9/14/85 DOM B 5,000.00 10/18/85 DOM A 6,500.00 10/18/85 DOM B 6,500.00 10/30/85 DOM B 5 000.00 Total: $61.100.00 ========== Cash Deposits - 1986 1/11/86 DOM A S3,500.00 2/18/86 DOM A 5,000.00 2/18/86 DOM B 6,500.00 2/18/86 DOM A 8,500.00 2/18/86 DOM B 4,000.00 4/14/86 DOM A 9,000.00 4/16/86 DOM A 9,000.00 5/06/86 DOM A 9,000.00 6/21/86 DOM A 8,000.00 Total: $62,500.00 ========== While AMES was posted to Rome, Italy, during 1986, 1987, 1988, and 1989, no unexplained cash deposits were made to his domestic bank accounts, nor were any made during 1990. According to AMES' personal accounting software, recovered from an electronic surveillance of his computer as discussed in paragraph 18, above, on June 22, 1990, $34,825 was deposited into Credit Suisse account 260880-32 and $29,850 was deposited into Credit Suisse account 0835-206582-62. Both accounts are controlled by AMES, and are further described in paragraph 44, below. According to credit card account records, AMES traveled from Rome to New York via Zurich, Switzerland, leaving Rome on or about June 21, 1990, and arriving in New York on or about June 23, 1990. 19
Cash Deposits - 1991 1/24/91 DOM B $10,000.00 1/24/91 DOM A 10,000.00 3/20/91 DOM A 10,000.00 5/23/91 DOM A 8,800.00 5/28/91 DOM A 9,500.00 6/14/91 DOM A 4,500.00 8/06/91 DOM A 7,500.00 11/19/91 DOM B 6,300.00 11/26/91 DOM A 7,300.00 12/18/91 DOM A 7,800.00 12/24/91 DOM A 9,400.00 Total: $91,100.00 ========== Cash Deposits - 1992 1/15/92 DOM B $5,000.00 1/l7/92 DOM A 7,000.00 1/21/92 DOM A 9,400.00 2/03/92 DOM A 8,600.00 2/03/92 RIGGS 7,700.00 2/14/92 DOM A 7,200.00 2/14/92 RIGGS 7,300.00 3/19/92 RIGGS 6,500.00 3/l9/92 DOM A 8,700.00 3/31/92 DOM B 2,500.00 4/22/92 DOM A 2,500.00 4/22/92 DOM B 2,500.00 6/04/92 DOM B 2,000.00 7/07/92 DOM B 4,100.00 7/07/92 DOM A 5,300.00 7/07/92 RIGGS 9,200.00 8/l0/92 DOM B 1,800.00 8/l0/92 DOM A 3,000.00 10/08/92 DOM A 8,500.00 10/08/92 RIGGS 8,500.00 10/13/92 DOM B 7,000,00 10/13/92 RIGGS 9,200.00 10/l3/92 DOM B 1,700.00 10/18/92 DOM A 9,600.00 10/22/92 DOM A 8,600.00 10/30/92 RIGGS 7,300.00 10/30/92 DOM A 8,700.00 11/10/92 DOM A 9,400.00 11/16/92 RIGGS 3,200.00 11/16/92 DOM B 5,000.00 Total: $187,000.00 =========== 20
Cash Deposits - 1993 2/22/93 DOM B 1,500 00 5/03/93 RIGGS 2,000.00 5/07/93 DOM A 1,000.00 5/18/93 NFCU 500.00 5/25/93 DOM A 3,000.00 6/01/93 RIGGS 7,900.00 6/01/93 DOM A 8,700.00 6/03/93 DOM A 5,000.00 6/07/93 DOM A 9,100.00 7/20/93 RIGGS 3,700.00 7/20/93 DOM A 6,300.00 8/04/93 DOM A 6,500.00 11/04/93 RIGGS 5,400.00 11/04/93 DOM A 8,700.00 11/10/93 DOM A 7,500.00 Total: $76,800.00 ========== Cash Deposits - 1994 1/21/94 DOM A 8,600.00 Total: $8,600.00 ========= 39. Based on my experience, and the experience of Special Agents who regularly investigate money laundering and structuring violations, I believe there is probable cause that many of the above deposits were intentionally structured to circumvent the Currency Transaction Reporting (CTR) requirements of Title 31, USC, Section 5313(a)., in violation of Title 31, USC, Section 5324 (Structuring Transactions to Evade Reporting Requirements), and to conceal the nature, location, source, ownership, or control of the illicit proceeds of his espionage activity in violation of Title 18, USC, Section 1956 (Money Laundering). 40. Among the above cash deposits, including those which appear to be knowingly and intentionally structured to avoid triggering the reporting requirements of a domestic financial institution, are deposits which, based upon a review of deposit slips, appear to have been made by ROSARIO AMES, as follows: 11/19/91 $6,300.00 1/l5/92 5,000.00 8/10/92 1,800.00 8/10/92 3,000.00 10/13/92 1,700.00 2/22/93 1,500 00 8/04/93 6,500.00 21
41. The deposit which appears to have been made by ROSARIO AMES on October 13, 1992, closely follows unreported travel by ALDRICH AMES to Caracas, Venezuela, discussed in paragraphs 12 through 15, above. Also, a review of AMES' personal accounting software recovered from an electronic surveillance of his computer as discussed in paragraph 18, above, indicates an entry on or about October 8, 1992, the day following his return from Caracas, in which AMES posts as received an amount of $150,000. I believe the $150,000 and the cash deposited by ROSARIO AMES on or about October 13, 1992, were proceeds of illegal espionage activity. 42. Based upon information recovered rom AMES' computer, discussed in paragraph 33, above, I believe AMES received cash from the SVRR through dead drops in the Washington, D.C. area on or about May 30, 1993, and on or about July 18, 1993. In the days following May 30 and July i8, 1993, deposits were made into accounts controlled by AMES and appear to have been knowingly and intentionally structured to conceal the proceeds of illegal espionage activity. These deposits are also detailed above in paragraphs 38 and 40 and include the $6,500 deposit made on August 4, 1993, by ROSARIO AMES: Structured cash deposits after May 30, 1993: 6/01/93 $7,900.00 6/01/93 8,700.00 6/03l93 5,000.00 6/07/93 9,100.00 Total: $30,700.00 Structured cash deposits after July 18, 1993: 7/20/93 $3,700.00 7/20/93 6,300.00 8/04/93 6,500.00 Total: $16,000.00 43. Based on the timing of the cash deposits to the Dominion Bank of Virginia and Riggs National Bank of Virginia accounts, as well as the inability of ALDRICH AMES' legitimate income to account for those cash deposits, I believe there is probable cause that those cash deposits constitute the proceeds of espionage. Moreover, while I have not had access to documents indicating when monies were deposited to the Credit Suisse accounts of ALDRICH AMES and ROSARIO AMES, I believe there is probable cause that the monies in those Credit Suisse accounts also constitute the Proceeds of espionage. 22
44. Inasmuch as there is probable cause that the deposits to the Credit Suisse accounts, the wire transfers to the Dominion Bank of Virginia accounts, and the cash deposits to the Dominion Bank of Virginia and Riggs National Bank of Virginia accounts all constitute the proceeds of espionage, I believe there is probable cause that all properties traceable to withdrawals from these accounts constitute proceeds of espionage or property traceable to such proceeds. These accounts are more particularly described as follows: a. CREDIT SUISSE, account number 0835-206582-62, Zurich, Switzerland, in the name of ALDRICH HAZEN AMES: Financial records establish that, from January 1987 through August 1991, ALDRICH AMES caused at least 31 cash and wire transfers to be made from this account, totalling approximately $718,900. At least $566,500 of this money was transferred to Dominion Bank of Virginia accounts of ALDRICH AMES and ROSARIO AMES. b. CREDIT SUISSE, account number 260880-32, Zurich, Switzerland, in the name of CECILIA DUPUY DE CASAS and ALDRICH HAZEN AMES, Trustee: CECILIA DUPUY DE CASAS is the mother of ROSARIO C. AMES. From January 1987 through August 1991, ALDRICH AMES or CECILIA DUPUY DE CASAS caused at least l8 wire withdrawals totalling approximately $l,091,289 to be made from this account. At least $240,000 of this money was transferred to Dominion Bank of Virginia accounts of ALDRICH AMES and ROSARIO AMES, $75,000 was transferred to Morgan Guaranty Trust, Pierpont Money Market Funds in the name of ALDRICH HAZEN AMES, and $90,000 was transferred to a Citibank N.A. account of ALDRICH HAZEN AMES. c. DOMINION BANK OF VIRGINIA, account number 7018340150 (now First Union National Bank of Virginia, Roanoke, Virginia, account number 1070183401500), in the names of ALDRICH HAZEN AMES and ROSARIO CASAS AMES, and account number 7018340257 (First Union National Bank of Virginia account, number 1070183402570), in the names of ROSARIO CASAS AMES and CECILIA DUPUY DE CASAS: As indicated earlier, between 1986 and the present, ALDRICH AMES transferred by wire a total of approximately S1,051,585[*] to these Dominion Bank accounts, most of which was transferred from AMES' Credit Suisse accounts. Further, financial records indicate that, between 1985 and the present, 480 [* handwritten correction: $1,051,585, with total at bottom of page 1 531 585] 23
ALDRICH AMES and ROSARIO AMES also deposited an additional $480,000 in cash into these Dominion Bank of Virginia accounts None of this S1,531,585 was derived from any salary checks of the CIA payable to ALDRICH AMES. d. RIGGS NATIONAL BANK OF VIRGINIA, McLean, Virginia, account number 01297562, in the names of ALDRICH HAZEN AMES and ROSARIO CASAS AMES: Approximately $77,900 in cash was deposited into this Riggs National Bank of Virginia account between early 1992 and November 1993, none of which can be explained by AMES' known income. 45. Documentary evidence indicates that ALDRICH AMES and ROSARIO AMES have maintained accounts at or have had control over accounts at the following institutions, into which accounts ALDRICH AMES or ROSARIO AMES have transferred money from their Credit Suisse or Dominion Bank of Virginia accounts: a. BANCO INTERNACIONAL de COLOMBIA, Bogota, Colombia, account number 0016770019, in the name of CECILIA DUPUY DE CASAS: Between October 1987 through December 1990, approximately 13 wire transfers from AMES' Credit Suisse account number 083S-206582-62, totalling approximately $111,000, were deposited to this account. b. BANCA NATIONALE del LAVORO (Rome) (BNL), Rome, Italy, account number 817492, in the name of ALDRICH HAZEN AMES: In 1987, two wire transfers totalling approximately $10,000 were made from AMES' Credit Suisse account, number 0835-206582-62, to the BNL account. In February 1993, approximately $9,000 was deposited by wire into AMES' Dominion Bank of Virginia account, number 7018340150, from the BNL account. c. CITIBANK, N.A., Long Island City, N.Y., account number 50167351, in the name of ALDRICH HAZEN AMES: This account was opened March 31, 1988, with a deposit of $200. There was no other activity until October 4, 1g88, when AMES caused a wire transfer to be made from Credit Suisse account, number 260880-32, in the amount of $25,000 into this Citibank account. On December 12, 1988, AMES transferred by wire from Credit Suisse account, number 260880-32, an additional $65,000 to this Citibank account. From this account, on 24
January 10, 1989, AMES transferred $75,000 to Morgan Stanley & Co. to open an account with Pierpont Funds. The remaining balance of $16,344.83 was wired to AMES' Dominion Bank of Virginia account, number 7018340150, on August 8, 1989. d. PIERPONT FUNDS, New York, N.Y., account number 50-01975, in the name of ALDRICH HAZEN AMES: In January 1989, a $75,000 check, drawn on AMES' Citibank account, was deposited to this account. In April 1989, $75,000 was transferred by wire to this account from AMES' Credit Suisse account, number 260880-32. In August 1989 and November 1989, $100,000 and $57,080.19 were withdrawn by wire and deposited into AMES' Dominion Bank of Virginia account, number 7018340150. The financial analysis of the activity in the Credit Suisse, Pierpont Funds, and Dominion Bank of Virginia accounts indicates that the Citibank and Pierpont Funds accounts were opened by AMES to conceal and launder the proceeds of his illegal espionage activities. For example, in order to conceal the original source of funds used to purchase his residence, AMES moved his illegal proceeds through Credit Suisse, then through Citibank and Pierpont Funds, and finally, through Dominion Bank of Virginia. e. QUICK & REILLY, Inc., McLean, Virginia, account number 203-29159, in the name of ALDRICH HAZEN AMES: Between May 1985 and November 1993, AMES is known to have purchased in excess of $33,000 in stock through this firm. Based on a review of AMES' personal accounting software, maintained on his personal computer, he currently holds approximately $19,000 in stock with this firm. f. REPUBLIC NATIONAL BANK; Miami, Florida, (former Miami Savings & Loan account number 7104107134 266086664), in the name of ALDRICH HAZEN AMES, trustee, for MARTA W. SAMPER and CARLOS A. SAMPER: In 1988, two wire transfers totaling approximately $11,700, were made from AMES' Credit Suisse account, number 260880-32, to the Miami Savings & Loan account. 25
g. ROBECO S.A GENEVE, Geneva, Switzerland, account number 252.698-6, in the name of ALDRICH HAZEN AMES: Between January 1989 and November 1990, approximately $175,000 was deposited to this account, consisting of a $75,000 and $100,000 wire deposits from AMES' Credit Suisse, account number 260880-32. Three wire withdrawals totaling approximately $178,398 were made, consisting of one $50,000 deposit to AMES' Credit'Suisse account, number 0835-206582-62, and the balance to Credit Suisse account, number 260880-32. 46. In addition, evidence indicates that the following assets also are the property of ALDRICH H. AMES and ROSARIO C. AMES: a. NORTHWEST FEDERAL CREDIT UNION, Herndon, Virginia, account numbers 6666306 and 3107908, in the names of ALDRICH HAZEN AMES and ROSARIO CASAS AMES. b. MERRILL LYNCH & COMPANY, Washington, D.C., account number 795-27849, in the name of ALDRICH HAZEN AMES. 47. Based on the facts and circumstances contained in this Affidavit, I believe there is probable cause that these foreign and domestic accounts contain monies that are traceable to proceeds of espionage, in violation of Title 18, USC, Section 794(c), and these accounts were used by ALDRICH and ROSARIO AMES to launder and conceal the proceeds of their illegal espionage activities and, thus, were used to facilitate the espionage conspiracy. Accordingly, these accounts are subject to seizure and forfeiture pursuant to Title 18, USC, Section 794(d). Moreover, even if such accounts do not contain property traceable to espionage, there is probable cause to believe that such accounts contain property that may be substitute property for forfeitable proceeds of espionage that has been dissipated, hidden, or moved outside the jurisdiction of this Court. Foreign Real Estate 48. Based on information obtained through electronic surveillance authorized by the Foreign Intelligence Surveillance Court, I believe AMES also owns two condominium apartments and a farm in Colombia. The condominiums are in Bogota and Cartagena; the farm is referred to as the "Guajira." 26
a. For example, on August 22, 1993, CECILIA DUPUY spoke with ROSARIO AMES from Bogota about DUPUY's difficult financial circumstances and DUPUY said words to the effect, "You will send money just for the administration and telephones of your properties in Cartagena, Bogota, and that Guajira." b. On September 18, 1993, ROSARIO AMES spoke with a person named ADELAIDA. ROSARIO AMES said of the Guajira words to the effect, "It is a small piece of land in the middle of nowhere." She explained that a family friend, CARLOS SAMPER [phonetic] sold them "a piece of his farm", and "RICK purchased this from SAMPER." [Note: See paragraph 45, f, above, regarding a reference to SAMPER.] c. On November 9, 1993, CECILIA DUPUY spoke with ROSARIO AMES from Bogota. DUPUY said words to the effect, "People think that talking with you, who is the owner of this apartment, they can come and stay here." d. In addition, electronic surveillance indicates AMES sends large amounts of money to Colombia for the maintenance of these holdings. On or about December 1, 1993, ROSARIO AMES and her mother, CECILIA, who was in Colombia, telephonically discussed, substantially as follows, in Spanish, the means of transfer of funds from the U.S. to Colombia and the conversion of dollars to pesos: Rosario: I want you to go to the bank before you come up and find out something for me. Ask the manager of the bank that if I open an account at Citibank putting you [CECILIA] and/or PABLO [ROSARIO's brother] with authorized signatures on the account, what would that allow you to do down there? The lady at the bank up here told me it might vary, depending on the laws of each country. I need to know what it would imply down there. Since they restricted the changing of dollars for Colombians, what would that imply? Are Colombians allowed accounts in this country? Cecilia: Of course. Rosario: Well, you have to ask this lady. I cannot keep writing checks like that. The money for the house is causing problems. It is not convenient to... You are going to have to resign yourselves, as RICK says, that you will have to change your money in the bank. You cannot keep selling checks to phantom 27
entities in Florida, because I do not know...they might be legal, but...it is making RICK very nervous. So you cannot keep doing that. Safe DePosit Box 49. Based on information obtained through electronic surveillance and bank records, ALDRICH and ROSARIO AMES have maintained safe deposit box number 42 at Dominion Bank of Virginia; 8150 Leesburg Pike, Vienna, Virginia, since at least 1986. Dominion Bank of Virginia was recently acquired by First Union National Bank of Virginia. On or about December 21, 1993, First Union National Bank of Virginia closed the branch located at 8150 Leesburg Pike and moved safe deposit box number 42, which had been located therein, to the First Union National Bank of Virginia branch located at 1970 Chain 8ridge Road, McLean, Virginia. The new number for this box is 80042. CONCLUSION 50. Based on the above facts and circumstances, I believe there is probable cause that ALDRICH HAZEN AMES and MARIA DEL ROSARIO CASAS AMES, conspired together and with others known and unknown to knowingly, intentionally, and unlawfully violate Title 18, USC, Section 794 (a), to wit: With intent and reason to believe that it is to be used to the injury of the United States and to the advantage of a foreign nation, communicated, delivered, and transmitted, to representatives of the government of the Union of Soviet Socialist Republics (and now the Russian Federation), directly and indirectly, information relating to the national defense of the United States, to wit: classified CIA operations and classified CIA human assets, and did commit overt acts in furtherance thereof as described more fully in paragraph 29, above, all in violation of Title 18, USC Section 794(c) (Conspiracy to Commit Espionage). 28
ITEMS TO BE SEARCHED FOR AND SEIZED 51. Based on my experience and training, I know that: a. Agents of foreign intelligence services maintain national defense and classified documents and materials, clandestine communications devices and instructions, contact instructions, codes, telephone numbers, maps, photographs, other papers and materials relating to communications procedures, proceeds of illegal espionage transactions, records, notes, bank records, financial statements, calendars, journals, and other papers or documents relating to: 1) the transmittal of national defense and classified intelligence information to foreign governments and intelligence services; 2) the identities of other foreign espionage agents and intelligence officers; 3) financial transactions including payments fro~ foreign governments and hidden financial accounts; 4) records of previous illicit espionage transactions; and, 5) the source and disposition of national defense and classified intelligence information. b. Agents of foreign intelligence services often utilize espionage paraphernalia, including devices designed to conceal and transmit classified and intelligence information. These paraphernalia and devices include materials used by espionage agents to communicate between each other and with a foreign government. c. It is common for agents of foreign intelligence services to secrete national defense and classified documents and materials, clandestine communications devices and instructions, contact instructions, codes, telephone numbers, maps, photographs, other papers and materials relating to communications procedures, proceeds of illegal espionage transactions, records, notes, bank records, financial statements, calendars, journals, espionage paraphernalia, and other papers or documents on their persons and in secure, hidden locations and compartments within or near their residences, at places of employment, in safe deposit boxes, and in motor vehicles, including hidden compartments within motor vehicles, for ready access and to conceal such items from law enforcement authorities. 29
d. Agents of foreign intelligence services routinely maintain or conceal in and near their residences large amounts of U.S. and foreign currency, financial instruments, precious metals, jewelry, and other items of value and/or proceeds of illegal espionage transactions. They also conceal records relating to hidden foreign and domestic bank and financiaL accounts, including accounts in fictitious names. e. Agents of foreign intelligence services are not unlike any other individual in our society in that they maintain documents and records. These documents and records will normally be maintained for long periods of time regardless of whether their value to the agent has diminished. These persons maintain documents and records which will identify and corroborate travel both in the U.S. and abroad made in connection with clandestine espionage activity, including personal meets with foreign intelligence officers. These documents and records include passports, visas, calendars, journals, datebooks, telephone numbers, address books, credit cards, hotel receipts, airline records, correspondence, carbon copies of money orders and cashier's checks evidencing large cash expenditures, and accounts and records in fictitious names. f. Agents of foreign intelligence services often maintain and conceal identity documents, including those utilizing fictitious identities, U.S. and foreign currency, instructions, maps, photographs, U.S. and foreign bank account access numbers and instructions, and other papers and materials relating to emergency contact procedures and escape plans. 52. Based on the facts and circumstances stated herein, I believe there is probable cause that evidence, fruits, instrumentalities, and proceeds of these offenses, as described in paragraph 51, above, and as further described in ATTACHMENT C, are located in: a. Premises known and described as a single family residence located at 2512 North Randolph Street, Arlington, Virginia, including appurtenances and attachments; b. Premises known and described as Room GV06, Counternarcotics Center, CIA Headquarters, Langley, Virginia; c. One 1992 JAGUAR, bearing Virginia tags ZZU-7277, VIN: SAJHY1746NC655975, presently located at 2512 North Randolph Street, Arlington, Virginia; 30
d. One 1989 HONDA, bearing Virginia tags QEO-654, VIN: 1HGCA564XKA123675, presently located at 2512 North Randolph Street, Arlington, Virginia; and, e. One drilled safe deposit box, number 80042, maintained at First Union National Bank of Virginia (formerly Dominion Bank of Virginia 8150 Leesburg Pike, Vienna, Virginia), 1970 Chain Bridge Road, McLean, Virginia, in the name of ALDRICH and ROSARIO AMES. Request for Authority to Execute a Search Warrant During Night Time Hours 53. Based on my experience, I know that persons who have committed serious felonies, particularly those felonies with authorized punishments of death or incarceration for any term of years or life, often will attempt to destroy evidence, fruits, and instrumentalities of their crimes if alerted prematurely to law enforcement interest. I also know that foreign intelligence services, including the SVRR, are able to communicate prearranged "danger" signals to their agents to alert them to destroy evidence, fruits, and instrumentalities, as well as to execute emergency escape plans. These intelligence services, and in particular the SVRR, actively seek to penetrate U.S. intelligence and law enforcement agencies by technical and human means. As a result, law enforcement interest could be detected at any time and it may be necessary to execute a search warrant during night time hours in order to preserve evidence, fruits, and instrumentalities of espionage from destruction. SEARCH AND SEIZURE WARRANTS FOR VEHICLES 54. On or about September 4, 1989, AMES drew checks, numbers 1260 and 1261, on his Dominion Bank of Virginia checking account, number 7018340150 (now First Union National Bank of Virginia account number 1070018340150), payable to Rosenthal Honda in the amounts of $16,500 and $3,080.25, respectively, for the purchase of a 1989 Honda Accord LXI, 4-door sedan, VIN: 1HGCA564XKA123675, currently bearing Virginia tags QEO-654. This vehicle is titled in the names of ALDRICH and ROSARIO AMES, and is located at 2512 North Randolph Street, Arlington, Virginia. 55. On or about January 25, 1992, AMES drew check number 543 on his Dominion Bank of Virginia checking account, number 7018340150 (now First Union National Bank of Virginia account number 1070018340150), payable to Rosenthal Jaguar, in the amount of $25,059.86, for the purchase of a 1992 XJ6 Jaguar 31
Sovereign, VIN: SAJHY1746NC655975, currently bearing Virginia tags ZZU-7277. The remainder of the approximately $40,439 purchase price was financed through Dominion Bank. This vehicle is titled in the names of ALDRICH and ROSARIO AMES, and is located at 2512 North Randolph Street, Arlington, Virginia. 56. I am advised by FBI surveillance personnel that ROSARIO AMES is the primary driver of the Honda. Based on her participation in this conspiracy, and the fact that this vehicle is owned by both ROSARIO and ALDRICH AMES, I believe there is probable cause that those fruits, instrumentalities, and other evidence described in paragraph 51, above, will be found in this vehicle. 57. As stated above, thousands of dollars were deposited to AMES' Dominion Bank of Virginia checking account, number 7018340150, during the period 1985 to the present, all unexplained by AMES' income. In view of AMES' espionage activities against the United States during this period, I believe there is probable cause that these cash deposits constitute proceeds of ALDRICH AMES' espionage activities. Therefore, I believe there is probable cause that the 1992 XJ6 Jaguar and 1989 Honda Accord LXI constitute property traceable to proceeds of espionage and, accordingly, are subject to seizure and forfeiture pursuant to Title 18, USC, Section 794(d). In addition, as noted in paragraphs 20 through 22, above, I believe there is probable cause that the Jaguar was used by ALDRICH and ROSARIO AMES on or about September 9, 1993, to determine if a dead drop had been unloaded. Based on the foregoing, I believe there is probable cause the Jaguar contains instrumentalities, fruits, and other evidence of espionage activity. Further, I believe the Jaguar is subject to seizure and forfeiture as property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of espionage or conspiracy to commit espionage, in violation of Title 18, USC, Section 794(d)(1)(B). 58. I am advised that Title 18, USC, Section 794 (Espionage) contains a criminal forfeiture statute which incorporates designated provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Title 21, USC, Section 853(b), (c), and (e)-(o)) to govern the seizure and restraint of property subject to forfeiture under the espionage statute. Accordingly, this portion of this Affidavit is in support of Applications for Seizure Warrants to seize the vehicles referenced and fully described in paragraph 2, above. Title 21, USC, Section 853(f) provides: 32
The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant. If the Court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (e) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property. 59. This Court may authorize seizure of the vehicles under Title 21, USC, Section 853(f) if it determines that a restraining order under Title 21, USC, Section 853(e) may not be sufficient to assure the availability of the property. I know from my personal experience working in the criminal justice system that someone charged with criminal activity as serious as espionage likely will disregard a restraining order. A person convicted under Title 18, USC, Section 794(c) may be punished by death or by imprisonment for any term of years or for life. Should ALDRICH.and ROSARIO AMES be convicted and these vehicles forfeited to the United States pursuant to a criminal order of forfeiture, the threat of any additional contempt citation for selling or otherwise disposing of these vehicles in violation of a restraining order issued by this Court is likely to be disregarded. 60. The facts and circumstances contained herein demonstrate AMES' tendency to disobey governmental authorities. AMES traveled abroad to meet with intelligence officers of a foreign country without first advising his employer (CIA) despite stringent reporting requirements. Further, I believe there is probable cause AMES conspired to provide information to these intelligence officers with intent and reason to believe that the information would be used to injure the United States or to the advantage of a foreign country. I believe probable cause also exists that AMES was paid for this illicit activity over a period of years. In addition, electronically monitored conversations between ALDRICH and ROSARIO AMES provide insight into their willingness to secrete items from authorities when travelling abroad. Based on all of this, I submit that the Court's issuance of seizure warrants for the two vehicles is appropriate here. 33
WARRANTS REQUESTED 61. Based on the foregoing, I respectfully request the following: a. Warrants for Arrest of: ALDRICH HAZEN AMES, aka RICK AMES, DOB: 5/26/41; and, MARIA DEL ROSARIO CASAS AMES, aka ROSARIO AMES, his wife, DOB: 12/19/52 , for violations of Title 18, United States Code (USC), Section 794(c) (Conspiracy to Commit Espionage). b. Search Warrants for: 1) Premises known and described as a single family residence located at 2512 North Randolph Street, Arlington, Virginia, including appurtenances and attachments (as more fully described in ATTACHMENT A), which is within the Eastern District of Virginia; 2 ) Premises known and described as Room GV06, Counternarcotics Center, CIA Headquarters, Langley, Virginia (as more fully described in ATTACHMENT B), which is within the Eastern District of Virginia; 3) One l992 JAGUAR, bearing Virginia tags ZZU-7277, VIN: SAJHY1746NC655975, which based on recent observation by FBI Special Agents and surveillance personnel is presently located at 2512 North Randolph Street, Arlington, Virginia; 4) One l989 HONDA, bearing Virginia tags QEO-654, VIN: 1HGCA564XKA123675, which based on recent observation by FBI Special Agents and surveillance personnel is presently located at 2512 North Randolph Street, Arlington, Virginia; and, 5) One drilled safe deposit box, number 80042, maintained at First Union National Bank of Virginia (formerly Dominion Bank of Virginia, 8150 Leesburg Pike, Vienna, virginia), 1970 Chain Bridge Road, McLean, Virginia, in the name of ALDRICH and ROSARIO AMES. 34
Items to be searched for and seized are more fully described in ATTACHMENT C. c. Seizure Warrants for: 1) One 1992 JAGUAR, bearing Virginia tags ZZU-7277, YIN: SAJHY1746NC65597S, which based on recent observation by FBI Special Agents and surveillance personnel is presently located at 2512 North Randolph Street, Arlington, Virginia; and, 2) One 1989 HONDA, bearing Virginia tags QEO-6S4, VIN: 1HGCA564XKA123675, which based on recent observation by FBI Special Agents and surveillance personnel is presently located at 2512 North Randolph Street, Arlington, Virginia, pursuant to Title 21, USC, Section 853(f), incorporated by reference in Title 18, USC, Section 794(d). [No signature] ___________________________________ LESLIE G. WISER, JR. Special Agent Federal Bureau of Investigation Subscribed to and sworn before me this [Blank] day of February, 1994. [No signature] _______________________________ UNITED STATES MAGISTRATE JUDGE Alexandria, Virginia 35*
ATTACHMENT A 2512 NORTH RANDOLPH STREET ARLINGTON, VIRGINIA The residence located at 2512 North Randolph Street, Arlington, Virginia, is a single family home facing North Randolph Street. The home has three levels consisting of a finished basement and two levels above ground. The outside of the residence is finished with grey brick and grey siding. The upper story has two dormers facing North Randolph Street. The residence is accessed via a hard surfaced driveway that extends from North Randolph Street to the garage on the first floor level. The house number "2512" is located adjacent to the doorframe. The back yard of the property is partially surrounded by a wooden, stockade-style fence. [36]
ATTACHMENT B ROOM GV06, COUNTERNARCOTICS CENTER, CIA HEADQUARTERS, LANGLEY, VIRGINIA Central Intelligence Agency (CIA) Headquarters is accessed via a security checkpoint near the visitor's entrance off Route 123, Langley, Virginia. ALDRICH HAZEN AMES is assigned an office within the Counternarcotics Center of the New Headquarters Building, a glass enclosed structure, the main entrance of which is near the facility's steam plant. The foyer of the New Headquarters Building has a glass ceiling and is located on the building's fourth floor. Inside the foyer is a security checkpoint through which one must pass to enter the building. To get to AMES' office one may turn right after passing through the security checkpoint, and turn right at the first corridor. This corridor leads to an elevator bank which one may use to reach the basement, or "G" level. The Counternarcotics Center, within which lies AMES' office, is located on the "G" level in Room GV06, a large room consisting of an open area with many desk and dividers and some private offices. The door to GV06 is marked "GV06" and may be found after turning left. from the elevator bank and right into the first corridor. At the far - end of the room from the entrance marked "GV06" are two private offices. The private office on the right is assigned to AMES. It is a room containing a work station, including a computer. The room is beige in color with grey trim, and has a dropped, white ceiling. On the door is a sign, "RICK AMES." [37]
ATTACHMENT C Items to be searched for and seized: 1) national defense and classified documents and materials, clandestine communications devices and instructions, contact instructions, codes, telephone numbers, maps, photographs, other papers and materials relating to communications procedures, proceeds of illegal espionage transactions, records, notes, bank records, financial statements, calendars, journals, and other papers or documents relating to: a) the transmittal of national defense and classified intelligence information to foreign governments and intelligence services; b) the identities of other foreign espionage agents and intelligence officers; c) financial transactions including payments from foreign governments and hidden financial accounts; d) records of previous illicit espionage transactions; and, e) the source and disposition of national defense and classified intelligence information; 2) espionage paraphernalia, including devices designed to conceal and transmit classified and intelligence information. These paraphernalia and devices include materials used by espionage agents to communicate between each other and with a foreign government; 3) large amounts of U.S. and foreign currency, financial instruments, precious metals, jewelry, other items of value and/or proceeds of illegal espionage transactions, records relating to hidden foreign and domestic bank and financial accounts, including accounts in fictitious names; 4) documents and records which will identify and corroborate travel both in the U.S. and abroad made in connection with clandestine espionage activity, including personal meets with foreign intelligence officers, passports, visas, calendars, journals, datebooks, telephone numbers, address books, credit cards, hotel receipts, airline records, correspondence, carbon copies of money orders and cashier's checks evidencing large cash expenditures, and accounts and records in fictitious names; 5) identity documents, including those utilizing fictitious identities, U.S. and foreign currency, instructions, maps, photographs, U.S. and foreign bank account access numberS [38]
and instructions, and other papers and materials relating emergency contact procedures and escape plans: 6) foreign and domestic bank records, including canceled checks, monthly statements, deposit slips, withdrawal slips, wire transfer requests and confirmations, account numbers, addresses, signature cards, credit cards, and credit card statements, and all other financial statements; 7) safety deposit box records, including signature cards, bills, and payment records; 8) financial and investment account records, including statements, investment confirmations, withdrawal and dividend records, and all other related account records: 9) federal, state, and local tax returns, worksheets, W-2 forms, W-4 forms, 1099 forms, and all related schedules; 10) records concerning real property purchases, sales, transfers in the U.S. and foreign countries, including but not limited to deeds, deeds of trust, land contracts, promissory. - notes, settlement papers, and mortgage documents; 11) records relating to conveyance purchases and sales; and, 12) computer hardware and software, including but not limited to central processing units, monitors, keyboards, storage media, printers, modems, diskettes, and manuals; and other electronic storage media including telephone caller ID devices, and pocket wizards. [39]