A second Homeland Security agent has been charged with selling illegal drugs, taken from seized evidence, for hundreds of thousands of dollars through a confidential informant.
Nicholas Kindle, a special agent in Utah tasked with investigating illegal narcotics trafficking, was arrested three weeks after his alleged co-conspirator, special agent David Cole. Both men face felony drug distribution conspiracy charges. Kindle faces an additional charge of conspiracy to convert U.S. government property for profit.
Kindle was formally charged in an information document filed by the U.S. Attorney’s Office, which does not require grand jury approval to initiate criminal proceedings. Court records indicate that he has not yet been assigned an attorney.
A magistrate judge on Jan. 3 set Kindle’s initial court appearance for Jan. 21 in Salt Lake City. If convicted, he faces a maximum penalty of 25 years in prison.
Cole was indicted by a grand jury on Dec. 18 and has pleaded not guilty to his drug distribution conspiracy charge. He is due to stand trial the week of Feb. 24 and faces a maximum of 20 years if convicted.
His attorney, Alexander Ramos, previously said that he was still trying to gather information about the case.
The pair’s Homeland Security credentials have been suspended following the indictments but they have not been terminated, according to court documents.
Synthetic bath salts, also known as Alpha-PHP, are controlled substances with effects comparable to methamphetamine and cocaine. Abuse of the drug can result in adverse effects, including vomiting, paranoia, hypertension, seizures, or even death, according to U.S. authorities.
Federal prosecutors stated that Cole and Kindle began acquiring the drugs from HSI evidence in 2021 and sold them to a confidential informant from 2022 to 2024.
The defendants allegedly allowed the informant to resell the drugs and the buyers were never investigated or arrested, according to court documents.
The transactions typically involved one ounce, or 28 grams, of bath salts for $5,000 that would then be sold by the informant at a higher cost, according to an FBI affidavit filed in December 2024.
According to the FBI affidavit, investigators seized more than $67,000 in cash and bath salts during raids on the defendants’ residences, government vehicles, work cubicles, and a safety deposit box. The FBI did not disclose the amount of bath salts allegedly seized.
The investigation began in October 2024 after the informant’s lawyer reported the illegal drug sales to the U.S. attorney in Utah. The informant was recruited by the agents while in prison to conduct controlled buys from drug dealers upon his release. However, the informant said he was compelled by the two agents to also engage in illegal sales, the affidavit said.
