In a deepening scandal within the Department of Homeland Security, a second special agent in Utah, Nicholas Kindle, has been arrested and charged with selling illicit drugs seized as evidence. Kindle’s arrest follows the earlier detention of his alleged co-conspirator, fellow special agent David Cole. Both face felony charges of drug distribution conspiracy, while Nicholas Kindle is additionally charged with conspiracy to convert U.S. government property for personal profit.
Nicholas Kindle’s initial court appearance is scheduled for January 21 in Salt Lake City. If convicted, he could face up to 25 years in prison. David Cole, who was indicted last month by a grand jury, has pleaded not guilty to drug distribution conspiracy charges. His trial is set to begin on February 24, and he could face a maximum of 20 years in prison if found guilty. While both agents have had their Homeland Security credentials suspended, they have not yet been terminated.
Prosecutors allege that Nicholas Kindle and David Cole abused their positions to steal synthetic drugs, known as “bath salts,” from Homeland Security evidence. They also allegedly acquired drugs from other law enforcement personnel, including U.S. Customs and Border Protection officers, under false pretenses, claiming they were needed for investigations. The pair reportedly began stealing drugs and other items, including cash, a diamond ring, and a Peruvian antiquity, in 2021.
Between 2022 and 2024, Kindle and Cole are accused of selling the stolen drugs to a confidential informant, referred to in court documents as a “source of information.” The informant was allowed to resell the drugs, and Kindle and Cole refrained from arresting buyers. The FBI estimates the agents made between $195,000 and $300,000 from the scheme.
The two agents allegedly coerced the informant, who had been released from prison, into becoming a middleman for drug sales. Using encrypted messaging apps, Kindle and Cole directed the informant to conduct transactions at locations such as a Panera Bread restaurant and a Nike store. An FBI affidavit documented eight illegal sales facilitated by the agents, including one instance where the informant retrieved a drug-filled plastic foam cup left in a parking lot trash can.
The FBI launched its investigation in October 2024 after the informant’s lawyer contacted the U.S. Attorney in Utah, reporting that the agents had compelled their client to engage in unlawful activities. Synthetic bath salts, chemically similar to methamphetamine and cocaine, were among the drugs involved.
This case underscores significant breaches of trust within federal law enforcement, and the forthcoming trials of Nicholas Kindle and David Cole are expected to reveal further details of their alleged misconduct.
