A longtime animal rescue advocate accused of using
a Wisconsin veterinarian’s identity to order ketamine and other opioids for a mobile clinic that cares for dogs and cats avoided federal prison time Wednesday.
Alicia Chan Maluafiti Opens in a new tab of Ewa Beach will pay a $2,500 fine and a $25 special assessment, U.S. District Judge Jill A. Otake ordered. Maluafiti was facing up to six months in federal prison.
After being indicted
Feb. 16, 2023, on 27 felony counts Opens in a new tab of using the Wisconsin veterinarian’s U.S. Drug Enforcement Administration registration, Maluafiti entered into a plea agreement Dec. 6. She pleaded guilty to a single misdemeanor count of unlawful possession of controlled substances.
Maluafiti obtained and distributed the controlled substances between Nov. 14, 2018, and Feb. 12, 2020.
The longtime opponent of euthanizing dogs and cats, who founded Poi Dogs &Popoki 15 years ago to rescue pets and advocate for care, had the 27-count felony indictment dismissed after sentencing Wednesday.
Speaking before issuing her sentence, Otake said, “this is a really weird case” because Maluafiti cut corners to procure ketamine and other opioids used in veterinary procedures because of her passion to efficiently care for her animals — not greed, addiction or a scheme to enrich herself.
Otake dismissed the U.S. Department of Justice’s
assertions that Maluafiti’s offense victimized anyone, that Maluafiti stole the veterinarian’s identity, or obstructed justice.
If federal prosecutors felt Maluafiti was guilty of much more they should have “made her eat” a felony plea agreement, Otake said.
There was enough evidence to suggest that the Wisconsin veterinarian had some idea his DEA registration was used without his authorization, if not the specifics, the judge said.
Maluafiti accepted responsibility for skirting the strict distribution rules for opioids but admitted she didn’t know how ketamine was abused by humans.
Ketamine is a dissociative anesthetic that has some hallucinogenic effects in humans, according to the DEA. It distorts perceptions of sight and sound and makes the human user feel disconnected and not in control.
Otake ordered Maluafiti
to look it up, saying she needed to ensure that Maluafiti understood “what ketamine does with humans” mentioning it was found in the system of the late actor Matthew Perry, who drowned in his hot tub.
The judge also instructed Maluafiti to read the
117 pages of messages of support she received that detail an occasionally abrasive human with a huge heart and passion for community service.
“You weren’t using it
(ketamine). You weren’t
selling it. You weren’t using it to barter for anything,” said Otake, who accepted Maluafiti’s assertions that everything she did was
not for profit but to care
for animals. “You are advocating for animals who really can’t advocate for themselves.”
The judge noted that Maluafiti’s animal rescue work was important, pointing out the threat feral cats pose to the health of the Hawaiian monk seal. Maluafiti’s animal rescue advocacy is “vital and important” and Otake noted she would understand that even if she didn’t care for animals.
“I happen to like animals,” said Otake.
Speaking before being sentenced, Maluafiti, talking through tears before more than a dozen family and friends seated in the gallery, told the court that “animal rescue is a labor of love.”
Maluafiti incurred significant financial hardship through her pet work and emotional damage from dying dogs and cats. Taking care of animals that are “abandoned, abused” and lack love is a burden she is more than happy to bear, she said.
She listed the hundreds of cats and dogs she houses on her property and spoke of a cat and 1-year-old dog that were recently abandoned when their owners moved
to the mainland.
“I am deeply sorry for my role and the decisions that I made. My goal is to learn from this tragic set of circumstances … and continue to rescue and care for animals that need love,” said Maluafiti. “I will spend the rest of my life taking care of them.”
Assistant U.S. Attorney Mohammad Khatib prosecuted the case. Maluafiti was represented by attorneys Megan K. Kau and
Audrey L. Stanley.
A lobbyist for more than 20 years, Maluafiti represented an array of private businesses, nonprofits and government entities, including Syngenta, the Honolulu Board of Realtors, the Ala Moana Building Tenants Association, the National Elevator Industry, the Boys
and Girls Club Hawaii, the Hawaii Medical Service Association, and the Department of Hawaiian Home Lands, according to a resume posted online with her nomination to the state veterinary board.
The 4-1/2-year federal investigation has left her with very few clients, she told the court, and rebuilding her lobbying portfolio will take time.
Maluafiti is also the founder and former president of the Oahu Society for the Prevention of Cruelty to Animals and a former director of community relations at the Hawaiian Humane
Society.
