A veteran lobbyist who pleaded not guilty to federal charges that she used a Wisconsin veterinarian’s identity to import large quantities of opioids for a mobile clinic run by her nonprofit organization wants the statements she made to two U.S. Drug Enforcement Administration agents suppressed.
Alicia Chan Maluafiti of Ewa Beach was indicted by a federal grand jury Feb. 16 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, according to the indictment. She is free on a $25,000 unsecured bond and successfully petitioned the court to allow for an evidentiary hearing in her case on Tuesday in U.S. District Court.
“On April 29, 2020, federal investigators showed up at defendant’s residence and requested to speak with her about a drug order. They did not explain that she was the subject or target of a criminal investigation, or that any evidence she gave could be used in a criminal proceeding,” wrote Maluafiti’s attorney, Megan K. Kau.
Maluafiti answered the investigators’ questions, and her statement should be suppressed because the government violated her Fifth Amendment rights, Kau argued.
On Feb. 13, 2020, the DEA’s diversion section received a call from a veterinary supply company regarding a large drug order, according to the motion to suppress. This order allegedly was placed by Poi Dogs and Popoki, “an organization that ran a mobile clinic providing animal spay and wellness services,” wrote Kau.
Maluafiti became a target Feb. 25, and two DEA agents interviewed her at her business on April 29, 2020.
“They did not tell her that she was a target of any investigation, much less a criminal one. They did not inform her that her statements could be used in any criminal proceeding. They did not inform her that she had a right to refuse to give a statement. Defendant answered questions, provided information, and gave them a tour of the premises and records,” reads the motion.
Several months later, according to their motion, Assistant U.S. Attorney Mohammad Khatib wrote a letter to Maluafiti indicating that his office “received investigative reports and other documents” showing Maluafiti committed federal crimes and should retain an attorney.
The government acted in bad faith and the DEA violated its own policies and procedures by not informing Maluafiti of her right to remain silent and that anything she said, showed or shared with the agents could be used against her, Kau argued.
Khatib did not immediately reply to Honolulu Star-Advertiser requests for comment. Maluafiti’s trial is scheduled for Jan. 8.
U.S. District Court Judge Jill A. Otake set the further evidentiary hearing on the motion to suppress Maluafiti’s April 29 statements for a later date to ensure one of the DEA agents, who retired, is available for questioning.
In June 2005, Maluafiti founded Loihi Communications, a community and government relations firm.
In 2018 she ran for a seat in the state Senate, finishing second in the Democratic primary.
According to Hawaii Campaign Spending Commission records, Maluafiti donated about $60,000 through 240 contributions to the campaigns of County Council members, state legislators, three mayors and two governors between 2007 and 2020.
Maluafiti was member of the state Board of Veterinary Examiners, representing the public, until June 2022.
Over nearly 20 years as a lobbyist, Maluafiti represented many 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.
Maluafiti is also 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.
