A pair of Department of Homeland Security agents have been accused of using a confidential informant to sell illegal drugs that had been seized as evidence.
DHS special agents Nicholas Kindle and David Cole, who worked in Utah, will both face charges stemming from the alleged narcotics trafficking scheme. Cole was arrested three weeks ago after he was indicted by a grand jury in December.
Kindle was arrested this week.
Federal prosecutors allege that both Kindle and Cole abused their authority and used their access to illicit drugs seized in evidence in their scheme under the false pretense that the drugs would be used as part of legitimate investigations.
Kindle and Cole allegedly began the scheme in 2021. Prosecutors claim the pair also stole thousands of dollars of cash, a diamond ring, and an antique from Peru from law enforcement evidence lockups.
Between 2022 and 2024, the agents allegedly sold drugs known as “bath salts” to Homeland Security Investigations confidential sources for thousands of dollars and allowed those sources to resell the drugs on the streets of Utah for a profit, according to prosecutors. The agents did not arrest the buyers who purchased the drugs.
“Bath salts” are illicit synthetic cathinones that produce a high and can be life-threatening.
The alleged operation brought in between $195,000 and $300,000, according to the FBI.
The FBI alleged that the special agents used an encrypted messaging app to direct their middlemen to meeting locations, including mundane spots like a Panera Bread and a Nike store.
The duo landed on the FBI's radar in October 2024 after a lawyer representing the criminal informant involved in the scheme contacted the U.S. Attorney's Office in Utah to report that Kindle and Cole had forced him to engage in potentially unlawful acts, according to a Bureau affidavit.
Both Cole and Kindle face a felony drug distribution conspiracy charge, and Kindle will face an additional charge of conspiracy to convert property of the U.S. government for profit, according to CBS News.
A judge on Thursday set Kindle’s initial court appearance for January 21 in Salt Lake City. If convicted, the special agent will face a maximum of 25 years in prison.
Kindle was charged via an information document issued by the U.S. Attorney’s Office, which does not require grand jury approval to launch a criminal trial.
Both agents have had their credentials suspended, but they had not been fired at the time of this report.
Cole has pleaded not guilty to his drug distribution charge. He will go to trial the week of February 24, and faces a maximum of 20 years in prison if he is convicted.
