second Department of Homeland Security The client was arrested in Utah 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 illicit drug trafficking, was arrested three weeks after his alleged co-conspirator, Special Agent David Cole, was arrested. The two men face a charge of conspiracy to distribute drugs, while Kindle also faces a charge of conspiracy to convert US government property for profit.
A judge set Kindle's initial court appearance for Jan. 21 in Salt Lake City. He could face up to 25 years in prison if convicted.
Cole was indicted last month by a grand jury, but so was Kindle Formally charged In an information document from the U.S. Attorney's Office, which does not require grand jury approval to initiate criminal proceedings.
A second Department of Homeland Security agent has been charged in Utah for allegedly using a confidential informant to sell illegal drugs from evidence. (Istock)
Cole has pleaded not guilty to a charge of conspiracy to distribute drugs, and will stand trial beginning February 24. If convicted, he could face up to 20 years in prison.
Kindle and Cole had their DHS credentials suspended but were not fired.
Prosecutors accuse Kindle and Cole of abusing their position to obtain illegal drugs known as “bath salts” from Department of Homeland Security evidence and from other law enforcement personnel, including U.S. Customs and Border Protection officers, falsely claiming they would use the drugs in legitimate investigations.
The pair allegedly began stealing drugs from evidence and lying to fellow agents about why they were collecting them in 2021. Kendall and Cole also allegedly stole thousands of dollars in cash, a diamond ring, and Peruvian antiquities from evidence.
Nicholas Kindle, a special agent investigating illicit drug trafficking, was arrested three weeks after his alleged co-conspirator, Special Agent David Cole, was arrested. (AP Photo/Pablo Martinez Monsivais)
Between 2022 and 2024, it is alleged that Kindle and Cole They sold drugs To a person identified in court documents only as a “source of information” to the department whom they allowed to resell drugs, they did not arrest the customers.
The FBI says between $195,000 and $300,000 was made through this scheme.
The two agents later allegedly forced a confidential informant who had been recruited to make controlled purchases from suspected dealers after his release from prison to take on the role of 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 attorney contacted the U.S. Attorney in Utah and said Kindle and Cole had asked him to engage in potentially illegal acts, the affidavit said.
Smugglers abandon two migrant girls at the southern border with a note to authorities
Kindle and Cole had their DHS 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 in which drugs were sold illegally to the informant.
In one case, an informant gave the FBI a foam plastic cup with a granular substance inside that tested positive for drugs. The informant said the agents left the cup for him in a trash can in the parking lot.
Synthetic bath salts, also known as Alpha-PVP or cathinone, are thought to resemble methamphetamine, cocaine, or ecstasy, and have nothing to do with actual bath products.
The Associated Press contributed to this report.
