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PalmBeachPost.Com 
Justice to seek more information from Swiss bank 
1. By CHRISTOPHER S. RUGABER 
AP Business Ncws 
WASHINGTON — The Justice Department said it is seeking information from Swiss bank UBS 
AG about U.S. taxpayers who may have used offshore accounts to avoid paying federal income 
taxes. 
The broadening investigation centers on UBS clients in the United States who may have hidden 
up to $20 billion in assets from the Internal Revenue Service. 
The Justice Department said Monday it asked a federal court in Miami to authorize the IRS to 
serve UBS with a "John Doe" summons. The IRS uses a "John Doe" summons to obtain 
information about potential tax fraud by unknown individuals. 
If approved, the summons will direct the bank to identify U.S. taxpapers with accounts at UBS 
who did not fill out required tax forms. 
The Justice Department's move comes after Bradley Birkenfeld, a former UBS employee, 
pleaded guilty June 19 to conspiring to defraud the IRS by helping the bank's clients avoid U.S. 
tax reporting requirements. 
Birkenfeld said in a court statement that UBS has about $20 billion in assets in "undeclared" 
accounts for U.S. taxpayers. 
UBS employees created sham offshore entities and then filled out IRS forms that falsely claimed 
the entities owned the accounts, Birkenfeld said. 
"Offshore accounts harbor billions of dollars, and people should take notice that the secrecy 
surrounding these deals is rapidly fading," IRS Commissioner Doug Shulman said. 
"There is reason to suspect that ... many United States taxpayers used UBS's services to shelter 
their assets and, as a result, failed to file accurate tax returns," U.S. Attorney R. Alexander 
Acosta said in a statement filed with the court. 
UBS has said it will cooperate with both Swiss and U.S. authorities and disclose any instances in 
which U.S. clients may have broken tax laws. 
Prosecutors say that Birkenfeld and others helped California real estate magnate Igor Olenicoff 
hide $200 million in assets overseas. 
Olenicoff, whose fortune is estimated at $1.6 billion by Forbes magazine, pleaded guilty last year 
to tax charges and agreed to pay the IRS more than $52 million in back taxes, penalties and 
interest. A Liechtenstein banker charged along with Birkenfeld, 43-year-old Mario Staggl, has 
been declared a fugitive. 
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A DAY OFF FOR GRIM UBS STAFF 
By MARK DeCAMBRE 
July 1, 2008 — 
Calculate 
Your New 
Payment 
Employees of embattled UBS have seen better days in its 150-year history as 
a top Swiss investment bank, but at least some might be able to boast an 
extra day off soon. 
Apparently all the negative news surrounding UBS has been a real morale 
Click to learn more sr 
killer internally. That has led its chairman, Marcel Rohner. to give a pep talk, 
via memo, to its staffers over the weekend granting an extra day off to most of 
• 
their lower-level employees. 
50-Year 
40-Year 
Fixed Rate 
Fixed Rate 
"The situation we find ourselves in today does not reflect UBS' success story 
Loan 
Loan 
over the last decade," Rohner writes in his memo. "Our business and 
reputation have been hit hard in the recent months. But we are taking 
significant actions to restore confidence and get back on track. We are a 
• 
• 
.0 resilient firm," the note continues. 
30-Year 
15-Year 
ri
Nt
Rar! 
The bonus day is meant to commemorate the firm's merger of Union Bank of 
Switzerland with Swiss Bank Corp. a decade ago. Somewhat ironically. UBS' 
shares fell 4.3 percent to 21.44 Swiss francs yesterday - its lowest level since 
ll 
err
 its merger back on June 29, 1998 - on a string of fresh bad news 
5150,000 
$175,000
teostlfol , : 
Loan for 
. 
Yesterday, prosecutors asked a federal judge in Florida to issue a summons 
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that would require UBS to turn over its US taxpayer account information. The 
news - certain to spook its secrecy-loving clients - comes as the Department 
it 
. 
of Justice steps up its probe of allegations that UBS has helped wealthy 
$203,000 
5275,003 
Individuals evade taxes. 
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wan for
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$1,1751", : ' A UBS spokeswoman declined to comment. 
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Home 
NEW YORK POST is a registered trademark of NYP Holdings, Inc NYPOST COM, NYPOSTONLINE. COM. and 
NEWYORKPOST.COM 
are trademarks of NYP Holdings, Inc 
Copyright 2008 NYP Holdings, Inc All rights reserved 
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EFTA00215740

Medicare program hopes to block fraud - 07/01/2008 - MiamiHerald.com 
Page I of 2 
MiamiHerald.com 
Posted on Tue, Jul. 01, 2008 
Medicare program hopes to block fraud 
BY JOHN DORSCHNER 
After battles in the courts and Congress failed to halt the move, a new Medicare program intended to 
stop fraud and lower equipment prices is scheduled to start Tuesday. 
The program will launch in 10 areas nationwide, including South Florida. 
The federal program is designed so that only 325 suppliers throughout the nation -- winners of 
competitive bidding -- will be allowed to provide 10 key pieces of durable medical equipment, also 
known as DME, to Medicare recipients. 
In South Florida, beneficiaries should see an average savings of 30 percent in oxygen equipment and 
power wheelchairs, the federal agency announced in a press release. 
Thousands of providers have been cut out of the program, and they filed lawsuits and lobbied hard in 
Congress to delay the action. 
The House of Representatives voted for an 18-month delay, but in the Senate the measure failed by a 
single vote, said Rob Brant, a Miami DME provider who is president of the Accredited Medical 
Equipment Providers of America. 
The group represents companies that lost the bidding process or didn't seek to compete. 
"Unless there's a miracle delay in the next hour and 20 minutes, this is going to take effect," Brant 
said Monday. 
There was no miracle. 
Equipment companies had filed several lawsuits, but had not been able to get any judge to order a 
stay. 
"It's going to be chaos" on Tuesday, Brand predicted. 
Some of the winners for oxygen equipment in Florida, for example, were not even licensed by the 
state of Florida. 
However, a member of the organization representing the successful bidders said he was ready to go. 
Jeff Holman of First Priority Medical Services in Hollywood, said: "We've increased stock, we've 
added phone lines, as have all the members" of the group, which calls itself Contracted Medical 
Equipment Suppliers. 
For several years, Medicare has been trying to squeeze durable medical equipment providers in South 
http://www.miamiherald.com/business/v-print/story/588995.html 
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Medicare program hopes to block fraud - 07/01/2008 - MiamiHerald.com 
Page 2 of 2 
Florida, where Medicare fraud runs about $1 billion a year, according to an estimate by the FBI. 
Last year, Medicare reported about 2,700 DME firms were licensed in South Florida. 
Fraud investigators found that 491 suppliers did not even maintain physical facilities or were not 
open when agents visited. 
The federal agency decided that reducing the number of DME suppliers was the best way to combat 
fraud. 
Paula Massey, a senior living in South Miami-Dade, applauded the move. 
"We've had a lot of supplies billed in my name -- supplies for colonoscopies. A mystery cabinet for 
$5,000. Three times some company billed for a power wheelchair for me," Massey said. 
"Medicare turned them down twice. The third time it paid. It's time they stopped all this fraud," he 
said. 
ID 2008 Miami Herald Media Company. All Rights Reserved. 
http://www.miamiherald.com 
hnp://svww.miamiherald.corn/business/v-printistory/588995.html 
7/1/2008 
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FBI chief: Gun ruling makes campuses less secure - 06/30/2008 - Miamilierald.com 
Page I of I 
MiamiHerald.com 0 
Posted on Mon, Jun. 30, 2008 
FBI chief: Gun ruling makes campuses less secure 
FBI Director Robert Mueller on Monday criticized the U.S. Supreme Court's recent ruling that 
Americans have a right to own guns for self-defense and hunting, saying it may harm efforts to deter 
violent crime. 
Speaking at a convention of the International Association of Campus Law Enforcement 
Administrators in Hartford, Mueller said the ruling "does throw a lot of things up in the air: 
By a 5-4 vote last week, the nation's highest court struck down the District of Columbia's 32-year-old 
ban on handguns, the first major pronouncement on gun rights in history. It upheld the right for 
communities to license guns. 
Mueller said communities will have to determine their own license programs. As a former Marine 
who served in Vietnam, he said "I tend to believe weapons harm people and more often than not they 
harm the people carrying them." 
With his grandchildren going to college, Mueller said he hopes "those campuses will be weapons 
free." 
Mueller said the FBI's top priority remains counterterrorism, counter-intelligence and protecting the 
secrets of the United States. 
lie said college campuses and small communities could be "potential incubators of terrorism" even 
while major cities such as New York and Los Angeles remain primary targets for terrorists. 
"The fact is we can't rule out any community in the United States as a potential incubator of 
terrorism," Mueller said. 
C 2008 Miami Herald Media Company. All Rights Reserved. 
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7/1/2008 
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Federal courthouse in Fort Pierce seeks more bidders to begin work : TCPalm.com 
Page I of 2 
TCPALM-
FLOPIDA'S TREASURE COAST AND rALM btAr_trb 
RIAD MORI AT WVAV.TCPALm CON: 
I I• 
I ' 1 I. ' 
Federal courthouse in Fort Pierce seeks more 
bidders to begin work 
FORT PIERCE — In an effort to encourage more businesses to bid on building the 
new federal courthouse. three "industry days" are taking place this week to provide 
information to companies interested in the project. 
The General Services Administration, which oversees the $40-million to $42-million 
construction project, has said it hopes to award a bid in September. Construction 
originally was slated to begin last November, but was put on hold after the only bid for 
the project came about $12 million over budget. 
Gary Mote, a GSA spokesman, said the number of bids received cannot be released 
until after the winning bid has been awarded. 
"The industry day is to promote the project and give local small businesses the 
opportunity to meet and partner with large construction firms in the marketplace and 
understand how large businesses must comply with sub-contracting procedures as 
part of a government contract," said Mote said in a statement. 
More than 50 people came to the first day at commission chambers in Fort Pierce on 
Monday, and the remaining days are scheduled for Tuesday in Orlando and 
Wednesday in Miami. During the information sessions, GSA officials give interested 
businesses an overview of the federal subcontracting process and then allow them to 
network with large construction firms during an open forum. 
"I would hope that there is more activity from contractors. including local contractors." 
said County Administrator Doug Anderson. "It's a good project and with the economy 
the way it is. it could put local people to work." 
After the initial high bid came in last year, there were fears GSA might have to go back 
to Congress for more funding if they couldn't find a way to make the project more cost-
effective. GSA officials are continue to find ways to trim costs to keep the total project 
within the $58.8 million Congress has budgeted it for, which includes the cost of the 
land. design and construction costs 
Following the high bid last year, U.S. Rep. Tim Mahoney. D-Palm Beach Gardens, 
looked into the bidding process and said government bureaucracy and the bidding 
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Federal courthouse in Fort Pierce seeks more bidders to begin work : TCPalm.com 
Page 2 of 2 
system worked to either shut out or leave businesses uninterested in government 
work. Mahoney has said he hopes to expand the number of potential contractors for 
the job, reaching businesses that might not have known about the project but are 
qualified to do the work. 
The project has been in the works for years. but costs increased beyond initial 
estimates because of the rising cost of construction materials and new security 
measures put into place after the Sept 11 terrorist attacks. Fort Pierce officials have 
said the courthouse has already helped entice new businesses to the area and expect 
property values to increase once the project breaks ground. 
The courthouse, to be built on 3.9 acres at Orange Avenue and U S 1 not far from the 
site of the current federal courthouse, is estimated to bring an initial $228 million into 
the local economy once its built. 
• Qualified small businesses interested in doing work for the new federal courthouse 
construction project can attend one of the remaining two industry days. from 1 to 4 
p m. Bring business cards and copies of the businesses' capability statement, if 
available There is no charge to attend. 
Tuesday: George C. Young Federal Building, fifth floor. 80 N. Hughey Ave., Orlando 
Wednesday: James Lawrence King Federal Building, second floor assembly room, 99 
N. E. Fourth Street, Miami. 
O 2008 Scnpps Treasure Coast Newspapers 
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Justice Watch 
Court seems to be easing stance on qualified immunity 
tune 30, 2008 
Page I of 3 
ShareThisReprints & Permissions Print 
fly John Patent
C
twit rights attorneys say the 11th U S. Circuit Court of Appeals appears to be 
growing less hostile toward plaintiffs suing police and other public officials. 
Historically the court has dismissed most civil rights suits, especially against 
cops. saying the officials have qualified immunity 
There was a trend that favored law enforcement and now the pendulum is kind of 
swinging back more toward the middle. swinging back to where it should be' said Fort 
Lauderdale attorney Barbara Heyer 
She said cases used to be 'dead in the water' rf the teal court granted qualified immunity. 
it's not as strict as it was, but for those of us who have practiced in the 11th Circuit for a 
long time, the 1990s were just a very difficult time,' said Jim Green. a West Palm Beach 
litigator and the Palm Beach County legal chair for the American Civil Liberties Union 
Qualified immunity shields officials — be they police officers, the U.S. attorney general or 
elected officials — from liability for civil damages when acting in their official capacity. Their conduct, though, must not 
violate established law or constitutional rights. Courts must apply a reasonableness standard rather than assess proof 
of malice. 
Barbara Heyer 
Several recent cases show the appellate court is no longer an automatic bunker for officials looking for safe haven from 
civil actions alleging constitutional violations. 
An 11th Circuit panel ruled May 16 that police officers in Dade County, Ga., were not entitled to qualified immunity in a 
case of an apartment complex owner, who Claimed excessive force was used against him in an arrest. Edward Reese was 
taken into custody after complaining about a heavy police presence at the Atlanta complex during a routine domestic 
dispute call. 
He claims an officer arrested him when Reese walked away to complain to a police supervisor, placed him a chokehold 
and struck him. The officer then threw Reese to the ground while other officers piled on him. Reese said they kicked and 
punched him while yelling 'stop resisting' to the immobilized man. 
In another case closer to home, the 11th Circuit rejected qualified immunity last year in an ACLU lawsuit on behalf of 
Theodore Dukes, who was shot in the chest after a Miami-Dade police traffic stop for an expired license plate. 
The unsigned opinion affirming a decision by U.S. District Judge Paul Huck in Miami said the Issue of justifiable force was 
a 'disputed material fact' for a jury to decide and not appropriate for resolution on a dismissal motion. 
'The standard now is strict but not insurmountable.' Green said. 
Edward B. Davis. a litigation shareholder with Akerman Senterfitt and a former federal judge in Miami. said the issue of 
qualified immunity used to make his head hurt when he was on the bench. He said his rulings often were tailored to the 
defendant because the appellate court appeared to have different rules for officials from different government bodies. 
Davis said the only good thing about ruling on the issue was the automatic appeal 
'You never knew what the 11th Circuit was going to do.' said Davis. who retired from the bench in 2000. 'I felt they would 
find it (qualified immunity) most of the time. and they did when most of the cases went up from me. espeaalty if I had found 
it initially. I don't remember getting a reversal.' 
Web Extra: 
Reese filing 
Reno filing 
in 2002. 
Davis pointed out U.S. District Judge Shelby lirighsmith's ruling denying qualified immunity to 
U.S. Attorney General Janet Reno for her role in the raid to seize Elian Gonzalez in 2000. The 
11th Circuit reversed the decision in 2003. absolving Reno as a supervisory official. 
Green said more favorable rulings for plaintiffs started earlier when the U.S. Supreme Court 
overturned an 11th Circuit ruling that barred an Alabama prisoner from suing correction officials 
Larry Hope sued alleging a device called the 'hitching post' that kept inmates immobile for long periods of time constituted 
cruel and unusual punishment. 
The 11th Circuit found prison officials were entitled to qualified immunity, but the Supreme Court overturned the decision. 
saying in the 2002 opinion that the standard was whether the law gave the defendants fair warning that their actions were 
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Page 2 of 3 
unconstitutional 
The decision prompted the 1tth Circuit to review an earlier case and reverse itself. 
it's now almost on a case-by-case basis' Heyer said. "Qualified immunity is one of the most difficult areas of law 
for it 
is forever changing." 
In the Georgia case, Justice Gerald Bard Tjoflat wrote for the three-judge panel ruled 'the law was 'clearly established' so 
as to give the defendants fair warning that their actions in such circumstances violated Reese's Fourth Amendment rights.' 
The same test was applied in the case of Kim Lee, who was arrested in 1997 after honking her horn in traffic at a car 
stopped in front of her. She said Miami police officer Louis Ferraro pulled her out of her car by the wrist, handcuffed her 
and slammed her head against the car. 
Charges were later dismissed against Lee. who filed an excessive force lawsuit 
The 11th Circuit refused to grant Ferraro qualified immunity. and the case settled for $225.000 
'The 11th Circuit makes it very difficult for us. but in this case. the actions were just so outrageous.' said Lee's attorney. 
Lance R Stelzer of Miami. 
He maintains the 11th Circuit's strict standard on immunity made it hard to clean up a band of rogue officers on the Miami 
police force in the 199Os 
Wien you have a bad police department, you really have to worry about an appellate court's ruling on police immunity.' 
he said 
He said civil rights cases against officials are still a gamble because of the determination of whether they acted in a 
reasonable way under the law. 
'You only take on a civil rights case if it's a downright winner,' he said. 'Basically, you are taking a case for five years.' 
Green agreed the plaintiff attorney carries a heavy burden. 
"You better research clearly established law on the front end before you file suit," he said. 
Barbara Hower photo by Melanie Bell 
John Pacenti can be reached at jpacenti(galm.com or at (305) 347-6638. 
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