Democratic Loser Of 9th District Primary Files Libel Lawsuit

John Dicks, who finished second in a heated Democratic primary for the 9th Congressional District in August, has filed a lawsuit accusing the winner of libelous campaign advertisements.

The civil suit filed last week in Hillsborough County Circuit Court focuses on TV and print ads the Bill Mitchell campaign ran shortly before the primary Aug. 26 alleging Dicks "was primarily responsible" for financial losses incurred by a New Jersey investor in 1989.

Mitchell, 61, of Carrollwood, and Dicks, 55, are lawyers. Dicks was mayor of Plant City from 1999 to 2000 and 2005 to 2007.

Five days before the primary, Mitchell arranged a conference call between reporters and Giri Giridhar, 69, of Ridgewood, N.J., who said a 1989 financial seminar led by Dicks enticed him to invest $55,000, which soon was lost. The New York seminar was sponsored by a firm tied to financial adviser Charles J. Givens, author of the 1988 bestseller "Wealth Without Risk" and known in the early 1990s for his seminars, infomercials and eventually scandals.

Dicks' affiliation with Givens' Delta First Financial was raised by political foes in 1996 when he ran for the Florida Senate.

Dicks' lawsuit alleges the ads "made numerous false and defamatory claims, including falsely stating Dicks "was primarily responsible for financial losses incurred by then-clients," the lawsuit states. "In fact, there never has been such a finding and the defendant knew there had never been such a finding," the suit states.

The suit alleges the allegations are libelous because they attribute to Dicks actions that subject him to scorn and ridicule. It alleges Mitchell was advised of written confidentiality agreements between Dicks and various individuals with whom Dicks had resolved disagreements and claims, including Giridhar. That agreement allows Giridhar to discuss the issue with regulatory agencies only, the lawsuit states.

"Despite being on notice of this agreement, the defendant encouraged [Giridhar and his wife, Thana] to violate the agreement by resurrecting past claims and controversies in violation of the agreement," the suit states. "This action was taken solely for the purpose of influencing [Mitchell's] standing in the race against John Dicks, the presumed leading candidate in the subject congressional race."

Mitchell received 7,726 votes in the race for a district seat serving portions of Hillsborough, Pinellas and Pasco counties. Dicks finished 687 votes behind Mitchell. Anita de Palma finished third with 5,902.

Mitchell faces incumbent Republican Gus Bilirakis in the election Nov. 4.

Asked to comment on the complaint, Mitchell said, "I am focusing on the race. I am focusing on the voters in the district, and I want to see that we get our message out and win in the general election. The lawsuit itself, as I see it at this point, is a judicial matter."

The lawsuit seeks a jury trial and unspecified damages in excess of $15,000, the minimum for a case to be heard in circuit court. No court hearing is scheduled, but Dicks' attorney, Thomas C. Chase of Fort Myers, has scheduled an Oct. 23 deposition with Mitchell.