One second Department of Homeland Security agent in Utah was arrested and charged in federal court on charges of using a confidential informant to sell illegal drugs seized as evidence.
Nicholas Kindle, a special agent investigating the illegal narcotics trade, was arrested three weeks after the arrest of his alleged co-conspirator, Special Agent David Cole. The two men are each charged with conspiracy to distribute drugs, while Kindle is also charged with conspiring to convert U.S. government property for profit.
A judge ordered Kindle to appear in court on January 21 in Salt Lake City. If convicted, he could face up to 25 years in prison.
Cole was indicted by a grand jury last month, but Kindle was formally charged in an information document from the United States Attorney’s Office, which does not require grand jury approval to initiate criminal proceedings.
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A second Department of Homeland Security agent in Utah was indicted for allegedly using a confidential informant to sell illegal drugs based on evidence. (iStock)
Cole has pleaded not guilty to his charge of conspiracy to distribute drugs and will stand trial starting February 24. If convicted, he could face up to 20 years in prison.
Kindle and Cole have had their Homeland Security credentials suspended, but have not been fired.
Prosecutors accuse Kindle and Cole of abusing their positions to obtain illegal drugs known as “bath salts” from evidence from Homeland Security and from other law enforcement personnel, including U.S. Customs and Border Protection officers, falsely claiming they would get the drugs use for legitimate investigations.
The pair allegedly began stealing drugs from evidence and lying to fellow officers about the reason for collecting them in 2021. Kindle and Cole also allegedly stole thousands of dollars in cash, a diamond ring and a Peruvian antiquity from evidence.
Nicholas Kindle, a special agent investigating the illegal narcotics trade, was arrested three weeks after the arrest of his alleged co-conspirator, Special Agent David Cole. (AP Photo/Pablo Martinez Monsivais)
Between 2022 and 2024, Kindle and Cole would have existed sold the drugs to an individual identified in court documents only as a “source of information” for the department, to whom they were allowed to resell the drugs, and they did not arrest the customers.
The FBI says between $195,000 and $300,000 was made through the scheme.
The two officers later allegedly forced a confidential informant to make controlled purchases from suspected dealers after he was released from prison to take on the role of a new middleman.
Kindle and Cole used an encrypted messaging app to provide the informant with meeting locations, including a Panera Bread restaurant and a Nike store, according to an FBI affidavit.
The FBI launched an investigation in October 2024 after the informant’s attorney contacted the U.S. Attorney’s Office in Utah and said Kindle and Cole had demanded he participate in potentially unlawful acts, the affidavit said.
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Kindle and Cole have had their Homeland Security credentials suspended, but have not been fired. (Photo by Samuel Corum/Anadolu Agency/Getty Images)
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Investigators began following the officers and recorded eight cases of drugs being illegally sold to the informant.
In one case, the informant gave the FBI a plastic foam cup containing a grainy substance that tested positive for drugs. The informant said the officers left the cup for him in a trash can in the parking lot.
Synthetic bath salts, also known as Alpha-PVP or cathinone, are believed to be similar to methamphetamine, cocaine or ecstasy, and unrelated to real bath products.
The Associated Press contributed to this report.
