A second Department of Homeland Security agent in Utah has been arrested and charged in federal court with allegedly using a confidential informant to sell illegal drugs seized as evidence.
Special Agent Nicholas Kindle, who investigates illegal drug trafficking, was arrested three weeks after arresting alleged co-conspirator Special Agent David Cole. The two men were each indicted on a charge of conspiracy to distribute felonies, and Kindle was also indicted on a charge of conspiracy to convert U.S. government property for profit.
The judge set Kindle’s first court appearance date for Jan. 21 in Salt Lake City. If found guilty, he could face up to 25 years in prison.
Cole was indicted by a grand jury last month, but Kindle was formally indicted in a U.S. Attorney’s Office information document that does not require grand jury approval to initiate criminal proceedings.
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A second Homeland Security agent in Utah has been charged with using a confidential informant to sell illegal drugs based on evidence. (iStock)
Cole has pleaded not guilty to a charge of conspiracy to distribute drugs and is scheduled to go to trial Feb. 24. If found guilty, he could face up to 20 years in prison.
Kindle and Cole had their Department of Homeland Security credentials suspended but were not fired.
Prosecutors say Kindle and Cole abused their positions to obtain illegal drugs known as “bath salts” from Homeland Security evidence and other law enforcement agencies, including U.S. Customs and Border Protection agents, and used those drugs for lawful investigations. They accused him of making false claims.
The pair allegedly stole drugs and lied to fellow agents about why they collected the drugs in 2021, evidence shows. Kindle and Cole also allegedly stole thousands of dollars in cash, diamond rings and Peruvian artifacts, evidence shows.
Special Agent Nicholas Kindle, who investigates illegal drug trafficking, was arrested three weeks after arresting alleged co-conspirator Special Agent David Cole. (AP Photo/Pablo Martinez Monsiweis)
Between 2022 and 2024, Kindle and Cole allegedly sold drugs to people identified in court documents only as “sources” for the department, who allowed the drugs to be resold and did not arrest their customers.
The FBI said the scheme netted between $195,000 and $300,000.
The two agents allegedly forced the confidential informant, who was later recruited to conduct controlled purchases from suspected dealers after he was released from prison, to take on the role of a new middleman.
According to an FBI affidavit, Kindle and Cole used an encrypted messaging app to provide informants with meeting locations, which included a Panera Bread restaurant and a Nike store.
The FBI began its investigation in October 2024 after the informant’s attorney contacted the U.S. attorney in Utah and said Kindle and Cole had asked him to engage in potentially illegal conduct, the affidavit states.
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Kindle and Cole had their Department of Homeland Security credentials suspended but were not fired. (Photo by Samuel Corum/Anadolu Agency/Getty Images)
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Investigators began tracking down the agents and recorded eight cases of drugs being illegally sold to informants.
In one example, a tipster gave the FBI a plastic foam cup with a granular substance inside that tested positive for drugs. The informant said agents left the cup 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 are not related to actual bath products.
The Associated Press contributed to this report.
