2nd Homeland Security agent in Utah arrested on charges of selling illicit drugs that were seized as evidence

A second Department of Homeland Security agent in Utah was arrested and charged in federal court on accusations of using a confidential informant to sell illicit drugs that were seized as evidence.

Nicholas Kindle, a special agent investigating illegal narcotics trafficking, was arrested three weeks after the arrest of his alleged co-conspirator, special agent David Cole. The two men are each charged with felony drug distribution conspiracy, while Kindle also faces a charge of conspiracy to convert property of the U.S. government for profit.

A judge set Kindle’s initial court appearance for Jan. 21 in Salt Lake City. He could face as many as 25 years in prison if convicted.

Cole was indicted last month by a grand jury, but Kindle was formally charged in an information document from the U.S. Attorney’s Office, which does not require grand jury approval to initiate criminal proceedings.

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Cole has pleaded not guilty to his drug distribution conspiracy charge and will stand trial starting Feb. 24. If convicted, he could face as many as 20 years in prison.

Kindle and Cole had their Homeland Security credentials suspended but have not been fired.

Prosecutors accuse Kindle and Cole of abusing their positions to acquire illegal drugs known as “bath salts” from Homeland Security evidence and from other law enforcement personnel, including U.S. Customs and Border Protection officers, falsely claiming that they would use the drugs for legitimate investigations.

The pair allegedly began stealing drugs from evidence and lying to fellow agents about the reason for gathering them in 2021. Kindle and Cole also allegedly stole thousands of dollars in cash, a diamond ring and a Peruvian antiquity from evidence.

Between 2022 and 2024, Kindle and Cole allegedly sold the drugs to a person identified in court documents only as a “source of information” for the department who they 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 agents allegedly later compelled a confidential informant recruited to conduct controlled buys from suspected dealers after he was freed from prison to take the role as the new middleman.

Kindle and Cole used an encrypted messaging app to provide the informant with meeting locations, which included 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 lawyer contacted the U.S. Attorney in Utah and said that Kindle and Cole had required him to participate in potentially unlawful acts, the affidavit said.

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Investigators began tracking the agents and recorded eight instances in which drugs were illegally sold to the informant.

In one instance, the informant gave the FBI a plastic foam cup with a granular substance inside that tested positive for drugs. The informant said the agents left the cup for him in a parking lot trash can.

Synthetic bath salts, also known as Alpha-PVP or cathinone, are believed to be similar to methamphetamine, cocaine or ecstasy, and are unrelated to actual bath products.

The Associated Press contributed to this report.