SALT LAKE CITY (AP) — A second Department of Homeland Security agent has been charged in federal court for involvement in a scheme to sell illicit drugs seized as evidence. Special Agent Nicholas Kindle, who oversaw narcotics trafficking investigations in Utah, was taken into custody three weeks following the arrest of his alleged accomplice, Special Agent David Cole. Both agents face charges of felony drug distribution conspiracy, with Kindle facing an additional count for conspiring to convert government property for profit.

On January 21, a magistrate judge will conduct Kindle’s initial court hearing. If convicted, he could face up to 25 years behind bars. Unlike Cole, who was indicted by a grand jury, Kindle was charged via an information document from the U.S. Attorney’s Office, which initiates proceedings without grand jury approval (AP News).

According to federal prosecutors, both Kindle and Cole exploited their official roles to illegally obtain drugs known as "bath salts" from Homeland Security evidence. They allegedly deceived fellow law enforcement personnel, including U.S. Customs and Border Protection officers, claiming the drugs were needed for legitimate cases. The misconduct reportedly began in 2021, and prosecutors assert that they also stole substantial amounts of cash, a diamond ring, and ancient Peruvian artifacts from evidence, as detailed in court documents.

From 2022 to 2024, Kindle and Cole purportedly sold the drugs to a "source of information" for the department, allowing the individual to resell them while avoiding arrests of customers. Prosecutors believe the illicit scheme may have netted between $195,000 and $300,000. The agents subsequently pressured a confidential informant, who was released from prison, to facilitate controlled drug buys.

The FBI launched an investigation in October 2024 after the informant's lawyer alleged that the agents had coerced him into engaging in illegal activities. The inquiry tracked multiple drug transactions where drugs were sold illicitly to the informant. In one instance, the informant turned over a foam cup containing a substance testing positive for drugs that had been left for him in a parking lot trash can. Authorities warn that the ingestion of synthetic bath salts, also known as Alpha-PVP or cathinone, can cause severe behavioral issues like paranoia and extreme strength. It is chemically distinct from legitimate bath products and resembles substances such as methamphetamine and cocaine.

While Kindle and Cole's Homeland Security credentials have been suspended, they have not yet been dismissed from their roles. Cole has entered a not guilty plea concerning his charges and is scheduled to stand trial the week of February 24, facing up to 20 years in prison if found guilty (CBS News).

“A drug dealer who carries a badge is still a drug dealer — and one who has violated an oath to uphold the law and protect the public,” stated Principal Deputy Assistant Attorney General Nicole M. Argentieri in response to Cole's indictment.