A veteran animal advocate who pleaded not guilty to federal charges that she used a Wisconsin veterinarian’s identity to order opioids for a mobile clinic is asking a judge to fine her $2,000 and agree to no jail time.

Alicia Chan Maluafiti of Ewa Beach was indicted by a federal grand jury Feb. 16, 2023, on 27 counts of using a U.S. Drug Enforcement Administration registration issued to the mainland veterinarian to obtain and distribute the controlled substances starting Nov. 14, 2018, and continuing until Feb. 12, 2020.

The longtime opponent of euthanizing dogs and cats who founded Poi Dogs &Popoki to advocate for proper pet care, entered into a plea agreement with the U.S. Department of Justice Dec. 6.

Maluafiti agreed to plead guilty to a single misdemeanor count of unlawful possession of controlled substances. In exchange, federal prosecutors agree to dismiss the pending indictment at the time of sentencing. The U.S. Attorney’s office also agrees to recommend that Maluafiti receive “credit for acceptance of responsibility.”

She has been free on a $25,000 unsecured bond ahead of her sentencing today before U.S. District Judge Jill A. Otake.

In a five page, single spaced letter to Otake, the longtime animal advocate recalled the day she rescued her first dog, a stray that was darting in and out of traffic on Fort Weaver Road. No one was helping the animal, so she did and discovered she was “destined for animal rescue.”

In detailing her life of public service, she noted she doesn’t profit from her passion for animals, and the federal investigation has cost her thousands of dollars, significant stress and damage to her reputation.

“…I would never do anything to jeopardize my reputation or that of PDP. I accept the plea deal and acknowledge my role. I would like to move forward and get on with my life,” Maluafiti wrote to Otake. “The animals come first. They have always been the most important thing in my life — next to my ohana.”

Maluafiti’s attorney, Megan K. Kau, wrote in a sentencing memorandum filed Friday that her client procured opioids to aid her nonprofit dedicated to rescuing, fostering, spaying and neutering underserved and unwanted pets to save them from euthanasia.

Since she was notified of the criminal allegation, “Alicia wanted to accept responsibility.” Before July 2021, she tried to enter into a plea agreement through her prior counsel and Assistant U.S. Attorney Mohammad Khatib.

Maluafiti could not “come to terms with the fact that she would have to admit to conduct that she did not believe was intentionally criminal,” according to Kau’s memo.

The plea agreement did not go through, but six months later, in February 2022, Khatib allegedly emailed a plea agreement and explained that he intended “to proceed to indictment on all potential charges, including aggravated identity theft” if Maluafiti did not plead guilty, Kau wrote.

On March 4, 2022, Khatib allegedly said that in “several weeks,” the government would move forward with indictment.

Shortly thereafter, on March 7, 2022, defense counsel emailed Khatib a signed plea agreement. Subsequently, a court document charging Maluafiti with a single count was filed. Fifteen days later, discovery evidence showed that the doctor allegedly allowed Maluafiti to use his DEA number to place drug orders.

“If there is any defendant that is worthy of a no jail, no supervision, and a minimal fine, it is Alicia. The instant offense signifies a momentary lapse in an otherwise exemplary life. Alicia has no other convictions,” wrote Kau, aside from a drunken driving conviction 35 years ago. “She has longstanding ties to Hawaii and strong support from all facets of the community.”

In a response to Kau’s memo filed Monday, Khatib said the discovery evidence shared with Maluafiti showed that the doctor did not know his DEA number was being used to buy opioids at businesses he no longer worked for, and assertions that he did could constitute “defamation.”

Khatib wrote that Maluafiti’s “recitation of those discussions and the facts surrounding them are inaccurate and misleading in several respects.”

Maluafiti cannot claim she didn’t think she did anything intentionally criminal because she admitted in a memorandum of plea agreement that “she forged Veterinarian-1’s signature on a controlled substance authorization form and emailed it to a drug distributor knowing that she lacked the authority to do so,” Khatib wrote,and that a violation of that crime is a liability offense, and what Maluafiti was thinking at the time is irrelevant.

“In sum, the defendant dedicates nearly five pages of her sentencing memorandum to her own self-serving (and at times inaccurate) account of the history of plea discussions. The United States does not see fit to respond in kind. For the reasons set forth below, the defendant’s sentence in this case should be decided based on relevant sentencing factors, not warring versions of events born out of difficult and protracted plea negotiations,” wrote Khatib.

Maluafiti filed expert witness testimony criticizing the Wisconsin veterinarian’s handling of his drug license.

She also submitted 117 pages of testimonials from current and former Honolulu police officers, City Council members, business leaders, members of the military and state lawmakers with Otake’s court.

The letters of support for Maluafiti laud her decades of community service and note her love of animals and firm belief that her acquisition of opioids was solely for the preservation and protection of animals.

Former Honolulu police Assistant Chief Lisa Mann wrote to Otake and said she has known Maluafiti for 35 years and respects her work. She said HPD has benefited from her advocacy for firework prohibitions and animal cruelty policies that are helping officers keep the community and Oahu’s animals safe.

“I understand that Alicia has pled guilty to a misdemeanor charge involving the possession of controlled substances which were used during the spay and neuter of many of the animals her clinic served. I do not believe that Alicia intentionally broke the law. Everything Alicia does is out of love for the community and animals,” wrote Mann. “As a friend, community member, and animal lover I ask that when deciding her fate, you consider the work Alicia has done in and for the community.”