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2nd Homeland Security agent in Utah arrested on charges of selling illicit drugs that were seized as evidence

A second Utah Department of Homeland Security official has been arrested and charged in federal court with using a confidential informant to sell illegal drugs that were seized as evidence.

Special Agent Nicholas Kindle, who investigates illegal drug trafficking, was arrested three weeks after his alleged co-conspirator, Special Agent David Cole, was arrested. The two are each charged with felony drug distribution conspiracy, and Kindle is also charged with conspiracy to convert U.S. government property for commercial purposes.

The judge set Kindle's first court appearance for Jan. 21 in Salt Lake City. If convicted, he could face up to 25 years in prison.

While Mr. Cole was indicted by a grand jury last month, Mr. Kindle was formally indicted in an information document from the U.S. Attorney's Office and does not require grand jury approval to begin criminal proceedings.

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A second Department of Homeland Security official in Utah has been charged with selling illegal drugs based on evidence using a confidential informant. (St. Petersburg)

Cole has pleaded not guilty to drug distribution conspiracy charges and his trial will begin on February 24th. If convicted, he could be sentenced to up to 20 years in prison.

Kindle and Cole were suspended by the Department of Homeland Security, but not fired.

Prosecutors say Kindle and Cole abused their positions and obtained illegal drugs known as “bath salts” from Department of Homeland Security evidence and other law enforcement officials, including U.S. Customs and Border Protection agents. They accuse him of falsely claiming that it would be used in a legitimate investigation.

The two allegedly began stealing drugs from evidence in 2021 and began lying to fellow investigators about why they collected the drugs. Kindle and Cole also allegedly stole thousands of dollars in cash, a diamond ring and Peruvian antiques from the evidence.

Department of Homeland Security

Special Agent Nicholas Kindle, who investigates illegal drug trafficking, was arrested three weeks after his alleged co-conspirator, Special Agent David Cole, was arrested. (AP Photo/Pablo Martínez Monsivais)

From 2022 to 2024, Kindle and Kohl allegedly sold drugs to individuals identified in court documents only as “sources” for the department who authorized the drug resale, without arresting customers.

The FBI says they made between $195,000 and $300,000 through the scheme.

The two agents then allegedly forced a confidential informant, whom they had recruited to conduct controlled purchases from the suspected dealers, to serve as a new intermediary after their release. It is said that

Kindle and Cole used encrypted messaging apps to provide informants with meeting locations, including Panera Bread restaurants and Nike stores, according to an FBI affidavit.

Oct. 2024, after the informant's attorney contacted the U.S. Attorney's Office in Utah and said Kindle and Cole had asked him to participate in potentially illegal activities, according to the affidavit. The FBI began an investigation in May.

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Photo of the front of the Department of Homeland Security.

Kindle and Cole were suspended by the Department of Homeland Security, but not fired. (Photo by: Samuel Corum/Anadolu Agency/Getty Images)

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Investigators began tracking the agents and recorded eight cases of illegal drug sales to informants.

In one instance, an informant gave the FBI a plastic foam cup containing particulate matter that tested positive on a drug test. The source said officials placed a cup for him in a trash can in the parking lot.

Synthetic bath salts, also known as alpha-PVP or cathinones, are thought to be similar to methamphetamine, cocaine, or ecstasy and are unrelated to actual bath products.

The Associated Press contributed to this report.

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