A second Department of Homeland Security agent has been accused of using a confidential informant to sell illegal drugs seized as evidence in federal court.
Nicholas Kindel, a special agent investigating illegal drug trafficking in Utah, was arrested three weeks after his alleged co-conspirator, Special Agent David Cole. Both are charged with aggravated drug distribution conspiracy, and Kindle faces an additional charge of conspiracy to convert U.S. government property for profit.
On Thursday, a magistrate judge set Kindle's initial court appearance for Jan. 21 in Salt Lake City. If found guilty, he faces a maximum sentence of 25 years in prison.
Court records do not yet list an attorney for Kindle.
Unlike Cole, who was convicted last month Kindle was formally charged by the grand jury in an information document from the U.S. Attorney's Office, which does not require grand jury approval to initiate criminal proceedings.
Federal prosecutors say Kindel and Cole abused their positions to obtain Homeland Security evidence and illegal drugs, known as “bath salts,” from other law enforcement personnel, including U.S. Customs and Border Protection officers. Under the false pretext that they would use them for legitimate investigations. ,
Prosecutors say Kindle and Cole began stealing drugs from evidence and lying to fellow agents about their purpose in 2021. He is also accused of stealing thousands of dollars in cash, a diamond ring and Peruvian antiques from evidence.
From 2022 to 2024, agents allegedly sold drugs to a person identified in court documents only as a “source of information” for the department, prosecutors said. They allowed the man to resell the drugs and did not arrest customers, according to charging documents.
“Cole and Kindel sold bath salts for thousands of dollars to HSI confidential human sources and allowed those sources to resell the bath salts on the streets of Utah,” prosecutors said. BlameThe FBI says the scheme brought in between $195,000 and $300,000.
Agents were later said to have forced a confidential informant recruited to make controlled purchases from suspected dealers after his release from prison, to become the new middleman.
According to the FBI affidavit, Kindle and Cole used an encrypted messaging app to tell the informant meeting locations, which ranged from Panera Bread restaurants to Nike stores.
The FBI began the investigation in October 2024 after the whistleblower's attorney contacted the U.S. Attorney in Utah to report that Kindle and Cole had sought to engage him in potentially illegal acts, according to the affidavit. Investigators began tracking them and recorded eight transactions in which drugs were sold illegally to the informant.
Authorities say that on one occasion, the informant handed the FBI a plastic foam cup containing a granular substance that tested positive for drugs. He said agents left it for him in the trash in the parking lot.
According to authorities, consumption of synthetic bath salts, also known as alpha-PVP or cathinone, can lead to bizarre behavior such as paranoia and extreme strength. The drug is said to be similar to methamphetamine, cocaine or ecstasy and has no relation to actual bath products.
Also known as flakka or gravel, alpha-PVP is usually white or pink, and can be eaten, snorted, injected, or vaporized in an e-cigarette. According to DEA,
According to court documents, Kindle and Cole's Homeland Security credentials were suspended, but they were not fired.
Cole has pleaded not guilty to his drug distribution conspiracy charge and is scheduled to stand trial the week of February 24. If found guilty, he could face a maximum sentence of 20 years.
“A drug dealer who carries a badge is still a drug dealer – and one who has violated his oath to uphold the law and protect the public,” Principal Deputy Assistant Attorney General Nicole M. Argentieri said in a statement. statement After Cole was convicted.