Ex-prosecutor sanctioned over libel lawsuit

Jeffrey Del Fuoco says he's a whistle-blower, calling attention to rampant corruption by his former bosses in the U.S. Attorney's Office, even though no one in authority will listen.

But Del Fuoco's former supervisor, Assistant U.S. Attorney Robert E. O'Neill, paints him as unhinged and bent on ruining O'Neill's career. O'Neill is one of three candidates to become one of Florida's top federal prosecutors.

Today, a judge sanctioned Del Fuoco for trying to "perpetuate the pattern of harassment" and "scandalous and impertinent accusations" in connection with his federal libel lawsuit against O'Neill.

U.S. District Judge James D. Whittemore castigated Del Fuoco for failing to abide by court rules. In sanctioning the former prosecutor, Whittemore dismissed Del Fuoco's lawsuit against O'Neill but gave him 30 days to file an amended complaint that complies with court rules.

Whittemore told Del Fuoco he is "dangerously close" to dismissing his lawsuit with prejudice, meaning Del Fuoco would not be allowed to bring it again.

Del Fuoco told Whittemore he had tried to act in good faith, but the judge disagreed.

Whittemore is the third judge to conclude that the former prosecutor has acted inappropriately.

It has been more than four years since Del Fuoco left his job on bad terms amid a flurry of lawsuits and accusations, and the fight is still going strong.

In his lawsuit, Del Fuoco accuses O'Neill and other former superiors of threatening beatings, lying under oath, intimidation, protecting their political friends and obstructing justice. He says he angered O'Neill by investigating his political friends, and then could not get help from the U.S. Department of Justice because of Republican Party politics.

O'Neill says in documents that he and Del Fuoco began to have problems when, as his superior, he confronted Del Fuoco about "baseless allegations" he was making against others.

"As one could expect," O'Neill wrote in his application to become U.S. Attorney for the Middle District of Florida, "Mr. Del Fuoco did not handle the pointed criticism well. Instead he turned his attention to me. He filed a number of spurious complaints against me."

O'Neill added that law enforcement members suggested he carry a weapon at all times because Del Fuoco is unstable.

Del Fuoco says O'Neill's statements are libelous.

In addition to his complaints and lawsuits against O'Neill and others, Del Fuoco has written to officials, including U.S. Sen. Bill Nelson, opposing O'Neill's candidacy for U.S. Attorney and accusing O'Neill of everything from adultery to corruption.

He alleges in a court filing that O'Neill ordered him to stop investigating a Tampa attorney in 2002 in the arson of a strip club, and that the attorney is dating a federal prosecutor who gave the attorney information about the investigation.

The U.S. Attorney's Office calls Del Fuoco's allegations false, referring to them as "diatribes."

In the meantime, Del Fuoco's finances have taken a downward turn. A Pinellas County judge issued an order for Del Fuoco's arrest, ordering that he serve up to 90 days in jail for contempt unless he paid $5,000 toward outstanding child support.

Del Fuoco said today that the order was withdrawn after he paid what he owed.

This is not Del Fuoco's first legal battle with authorities. In 2003, when he was still an assistant U.S. Attorney, Del Fuoco sued then-Manatee County Sheriff Charlie Wells and two deputies, saying the deputies stalked him because of a corruption probe into the department.

In 2004, Wells accused Del Fuoco of trying to extort $500,000 from him in exchange for dropping his lawsuit.

A judge later found Del Fuoco had acted in bad faith and had tried to coerce Wells by threatening to file an election complaint against him while he was running for reelection.