Second Utah Homeland Security Agent Arrested on Charges of Selling Illicit Drugs Seized as Evidence
A second Department of Homeland Security agent in Utah was arrested and indicted in federal court on charges of using a confidential informant to sell illegal 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 charged with conspiracy to distribute drugs, while Kindle also faces a charge of conspiracy to convert US government property for profit.
A judge set Kindle’s first court appearance for Jan. 21 in Salt Lake City. He could face up to 25 years in prison if convicted.
Cole was indicted by a grand jury last month, but Kindle was formally accused in a briefing document from the US Attorney’s Office, which does not require the approval of a grand jury to initiate criminal proceedings.
ICE DEPORTATIONS CATCH UP TO TRUMP-ERA NUMBERS IN FY 2024 AS BIDEN ADMIN CLOSES END
Another Department of Homeland Security agent in Utah has been charged with allegedly using a confidential informant to sell illegal drugs from evidence. (iStock)
Cole has pleaded not guilty to his charge of conspiracy to distribute drugs and will go on trial on February 24. If convicted, he could face up to 20 years in prison.
Kindle and Cole had their homeland security credentials suspended, but were not fired.
Prosecutors accuse Kindle and Cole of abusing their positions to obtain 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 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 their collection in 2021. Kindle and Cole also allegedly stole thousands of dollars in cash, a diamond ring and a Peruvian antique from 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. (AP Photo/Pablo Martinez Monsivais)
Between 2022 and 2024 Kindle and Cole supposedly sold drugs to a person identified in court documents only as a “source of information” for the department that they allowed to sell drugs, and did not arrest the buyers.
The FBI says the scheme netted between $195,000 and $300,000.
The two agents allegedly later got a confidential informant recruited to make controlled purchases from suspected dealers to take on the role of the new middleman after his release from prison.
Kindle and Cole used an encrypted messaging app to give the informant the locations of the meetings, 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 required him to participate in potentially illegal activities, according to the affidavit.
SMUGGLERS LEFT TWO MIGRANT WOMEN AT THE SOUTHERN BORDER WITH A WARNING TO THE AUTHORITIES
Kindle and Cole had their homeland security credentials suspended, but were not fired. (Photo: Samuel Corum/Anadolu Agency/Getty Images)
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
Investigators began following agents and recorded eight cases in which drugs were illegally sold to an informant.
In one case, an informant gave the FBI a plastic foam cup with a granular substance inside that tested positive for the drug. The informant said the agents left his 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 unrelated to real bath products.
The Associated Press contributed to this report.
