A second Department of Homeland Security A Utah agent was arrested and indicted in federal court on charges of using an undercover agent to sell illegal drugs that was taken as evidence.
Nicholas Kindle, a special agent investigating illegal drug trafficking, was arrested three weeks after the arrest of a co-conspirator, special agent David Cole. The two men are each charged with conspiracy to distribute drugs, while Kindle is also charged with conspiracy to convert US government property for profit.
A judge set Kindle's first court appearance for Jan. 21 in Salt Lake City. He could face up to 25 years in prison if convicted.
Cole was indicted last month by a grand jury, but Kindle was legally charged in an information document from the US Attorney's Office, which does not require the approval of a grand jury to initiate criminal proceedings.
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A second Utah Department of Homeland Security agent was indicted for using an undercover agent to sell illegal drugs from evidence. (iStock)
Cole pleaded not guilty to a charge of conspiracy to distribute drugs and will be sentenced on February 24. If convicted, he could face up to 20 years in prison.
Kindle and Cole had their National Security clearances suspended but were not fired.
Prosecutors accuse Kindle and Cole of abusing their positions to obtain illegal drugs known as “bath salts” from Homeland Security testimony and from other law enforcement officials, including US Customs and Border Protection officers, under the false pretense that they will use drugs for proper investigations.
The pair allegedly began stealing drugs from evidence and lying to fellow agents about rounding them up in 2021. Kindle and Cole also stole thousands of dollars in cash, a ring of Peru's oldest diamond from evidence.
Nicholas Kindle, a special agent investigating illegal drug trafficking, was arrested three weeks after the arrest of a co-conspirator, special agent David Cole. (AP Photo/Pablo Martinez Monsivais)
Between 2022 and 2024, Kindle and Cole are said sell drugs to a person identified in court documents only as an “informant” for the department they let him sell the drugs again, and they didn't catch the customers.
The FBI says between $195,000 and $300,000 was made from the scheme.
The two agents later forced an undercover agent who had been hired to make controlled purchases from suspected dealers after he was released from prison to act as a new agent.
Kindle and Cole used an encrypted messaging app to provide the counselor with meeting locations, which included a Panera Bread restaurant and a Nike store, according to an FBI affidavit.
The FBI began an investigation in October 2024 after a lawyer contacted the United States Attorney in Utah and said that Kindle and Cole wanted him to be involved in possible illegal activities, in said the affidavit.
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Kindle and Cole had their National Security clearances suspended but were not fired. (Photo by Samuel Corum/Anadolu Agency/Getty Images)
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Investigators began tracking the agents and reported eight incidents in which drugs were sold to the agent.
In one case, a reporter gave the FBI a plastic foam cup with a granular substance inside that was found to contain drugs. Leselinyana says the agents left a cup for him in the parking lot trash can.
Synthetic bath salts, also known as Alpha-PVP or cathinone, are believed to be similar to methamphetamine, cocaine or ecstasy, and are unrelated to real bath products.
The Associated Press contributed to this report.