SALT LAKE CITY (Aiexpress)— A second Department of Homeland Security agent has been accused in federal court for employing a confidential informant to sell illegal substances collected as evidence.
Nicholas Kindle, a special agent in Utah charged with investigating illegal narcotics trafficking, was apprehended three weeks after his alleged co-conspirator, special agent David Cole. Both face felony drug distribution conspiracy charges, with Kindle also facing a charge of conspiring to benefit from US federal property.
A magistrate judge scheduled Kindle’s first court appearance in Salt Lake City for January 21. If convicted, he faces a maximum of 25 years in prison.
Unlike Cole, who was indicted by a grand jury last month, Kindle was charged in an information document issued by the United States Attorney’s Office, which does not require grand jury approval to commence criminal proceedings.
Federal prosecutors allege that Kindle and Cole abused their positions to obtain illegal drugs known as “bath salts” from Homeland Security evidence and other law enforcement personnel, including U.S. Customs and Border Protection officers, under the false pretense of using them for legitimate investigations.
Prosecutors claim Kindle and Cole began removing medications from evidence and lying to other agents about their intentions in 2021. They are also accused of stealing hundreds of dollars in cash, a diamond ring, and an ancient Peruvian artifact from evidence.
From 2022 until 2024, the agents reportedly sold the medicines to a person described in court documents only as a “source of information” for the department, according to prosecutors. According to the charging documents, they allowed that person to resell the drugs without arresting the clients.
The FBI claims the plan netted between $195,000 and $300,000.
After his release from prison, the agents allegedly forced a confidential informant recruited to conduct controlled buys from suspected dealers to act as the new intermediary.
According to an FBI document, Kindle and Cole provided the informant with meeting locations ranging from a Panera Bread café to a Nike store via an encrypted messaging app.
According to the affidavit, the FBI began investigating in October 2024 after the informant’s lawyer called the Utah U.S. Attorney’s Office to complain that Kindle and Cole had forced him to commit potentially illegal conduct. Investigators began tracking them and discovered eight instances in which drugs were illegally sold to the informant.
According to investigators, the informant once gave the FBI a plastic foam cup containing a granular substance that tested positive for narcotics. He stated that the agents left it for him in a parking lot trash can.
According to experts, ingesting synthetic bath salts, also known as Alpha-PVP or cathinone, can cause unusual behavior such as paranoia and increased strength. The substance is supposed to be similar to methamphetamine, cocaine, or ecstasy but unconnected to genuine bath products.
According to court filings, Kindle and Cole had their Homeland Security credentials terminated but were not dismissed.
Cole has pled not guilty to the drug distribution conspiracy allegation and will face trial the week of February 24. If convicted, he may face a sentence of up to 20 years.
Court records do not yet show that Kindle has a counsel.
