Second Utah Homeland Security agent arrested for selling illegal drugs seized as evidence

A second Utah Department of Homeland Security agent has been arrested and charged in federal court with using a confidential informant to sell illegal drugs 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 criminal conspiracy to distribute drugs, while Kindle also faces a charge of conspiracy to convert U.S. government property for profit.

A judge set Kindle's initial appearance for Jan. 21 in Salt Lake City. He faces up to 25 years in prison if convicted.

Cole was indicted last month by a grand jury, but Kindle was formally charged in a briefing document from the U.S. attorney's office, which does not require grand jury approval to initiate criminal proceedings.

ICE DEPORTATIONS CATCH UP TO TRUMP-ERA NUMBERS IN FY 2024 AS ADMIN BIDEN COMES TO HIS CLOSURE

A second Utah Department of Homeland Security agent has been charged with allegedly using a confidential informant to sell illegal drugs based on evidence. (iStock)

Cole has pleaded not guilty to his drug distribution conspiracy charge and his trial will begin February 24. If convicted, he faces 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 acquire illegal drugs known as “bath salts” using evidence from Homeland Security and other law enforcement officials, including including U.S. Customs and Border Protection agents, falsely claiming that they would use these drugs for legitimate investigations.

The two men allegedly began stealing drugs from evidence and lying to their 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 an antique Peruvian based on 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 Martínez Monsivais)

Between 2022 and 2024, Kindle and Cole allegedly sold the drugs to a person identified in court documents solely as a “source of information” for the department to whom they allowed the drugs to be resold, and they allegedly did not stop the drugs. customers.

The FBI says between $195,000 and $300,000 was made through this scheme.

The two agents later allegedly coerced a confidential informant recruited to make controlled purchases from suspected dealers after his release 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, which included a Panera Bread restaurant and a Nike store, according to an FBI affidavit.

The FBI began an investigation in October 2024 after the informant's attorney contacted the U.S. attorney in Utah and said Kindle and Cole had forced him to participate in potentially illegal acts, the affidavit states.

Smugglers Abandon TWO MIGRANT GIRLS AT SOUTHERN BORDER WITH NOTE TO AUTHORITIES

Kindle and Cole had their Homeland Security credentials suspended but were not fired. (Photo by Samuel Corum/Anadolu Agency/Getty Images)

CLICK HERE TO GET THE FOX NEWS APP

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

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

Synthetic bath salts, also known as Alpha-PVP or cathinone, are said to be similar to methamphetamine, cocaine or ecstasy and have no relation to actual bath products.

The Associated Press contributed to this report.