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Nationalist MP Joe Giglio was the lawyer who recommended that Daniel Joe Meili, 28, accept extradition to the United States. But now he says he thinks Meili should be tried in Malta.
The latter statement came after the lawyer’s party called on the government to oppose extradition so that Meili could face prosecution in Malta rather than the United States.
Defending his actions, Giglio told Malta Today that he was acting in his capacity as a lawyer and had to abide by the laws in force.
Giglio said his legal advice is based on three factors, including the defendant’s willingness to cooperate with authorities, his lengthy discussions with his clients and prosecutors, and the nature of the extradition law itself.
Asked what prompted him to make the now-rejected recommendation, Giglio told Malta Today: “Malta’s extradition laws are largely based on the concept of reciprocity and cooperation between States. They are an administrative instrument and the focus is more on mutual assistance between States. There is less focus on the individuals involved.”
But the MP – who until recently was shadow minister at the Home Office – does not believe his legal advice is inconsistent with the National Party’s position on the case. The National Party is now advocating for the government to oppose the extradition of the Maltese national to the United States, saying any crimes committed in Malta should be tried and punished in Malta.
Giglio even went so far as to describe Malta’s current extradition laws as “too harsh” and in need of an overhaul.
Earlier this year, criminal defense attorney Giglio served as defense counsel for Daniel Joe Meili after the U.S. Northern District of Georgia filed a request for his extradition. He was indicted in December 2023 on charges of trafficking in computer malware.
U.S. prosecutors allege Meli sold malware products and services, including the Pegasus remote access trojan (RAT), to cybercriminals through online computer hacking forums since 2012.
Meili surprised observers by telling the court that he would be tried in the United States. It turned out that it was his lawyer, Joe Giglio, who gave the young man this advice. According to Meili’s parents, the lawyer believed that if the suspect was willing to cooperate, the maximum he could spend in prison in the United States was five years.
In an interview with Malta Today Last week, the defendant’s parents called for diplomatic intervention so that their son can at least serve his sentence in Malta, rather than being held in a US prison if he is found guilty.
But they said it was their first lawyer, Giglio, who recommended that Meili accept extradition, which led the family to believe that Meili could face up to five years in prison in the United States if he cooperated with prosecutors.
The Melli family told Malta Today that when they learned their son could face up to 45 years in a US prison, they immediately regretted taking his advice.
A few days later, Meli appeals the court’s decision Approved his extradition to the United States.
The defendant argued that despite his long history of mental health issues and substance abuse, authorities made no attempt to verify whether he was medically stable and able to understand the implications of consenting to extradition.
Following an appeal by the parents, the Maltese government has now said Close monitoring situation. KMT calls for blocking extradition requestAnd it insisted that the Maltese government should not accept the extradition of Maltese citizens in cases where the alleged crimes took place on Maltese territory.
Meili now hopes the constitutional case will block the extradition.
The charges that Meili could face in the U.S. include conspiracy, unauthorized access to a protected computer to obtain information, illegal sale of an interception device, and illegal advertising of an interception device, each of which carries a maximum penalty of five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of unauthorized damage to a protected computer carries a maximum penalty of 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater.
On February 7, 2024, Meli was arrested at his workplace in Guja and during searches of various locations associated with the suspect, a large number of items relevant to this investigation were seized.
Meli’s career came to an end in February 2022 when he sold a RAT to an undercover FBI online employee from Georgia for $180 in Bitcoin. Since then, the FBI has been tracking his movements as one of several in a global anti-cybercrime investigation that has even extended to Australia.
The criminals allegedly tricked victims into installing malware on their computers via email attachments or fake links, which allowed them to browse the file system, log keystrokes, steal usernames and passwords, and access webcams. Several international police forces, including the Federal Police, the FBI and Europol, worked together to arrest Meili.
Separately, another man, Prince Onyeoziri Odinakachi (31), was also arrested in Nigeria on February 7. He is accused of providing online customer support to individuals who purchased and used the Warzone malware since June 2019.
However, Nigerian authorities rejected the extradition request and tried Odina Kachi locally. He was sentenced to seven years in prison, which he will serve in Nigeria.
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