Two Department of Homeland Security agents in Utah, Nicholas Kindle and David Cole, were arrested and charged in federal court for using a confidential informant to sell illicit drugs that were seized as evidence. Kindle, a special agent investigating illegal narcotics trafficking, faces charges of felony drug distribution conspiracy and conspiracy to convert government property for profit. A judge set Kindle’s initial court appearance for January 21 in Salt Lake City, with a potential sentence of up to 25 years in prison if convicted. Cole, who was indicted last month by a grand jury, pleaded not guilty to his charges of drug distribution conspiracy and faces a maximum sentence of 20 years in prison if convicted.
The two agents allegedly abused their positions to acquire illegal drugs known as “bath salts” from Homeland Security evidence and other law enforcement personnel, including U.S. Customs and Border Protection officers. They falsely claimed they would use the drugs for legitimate investigations. Kindle and Cole are accused of stealing drugs from evidence, lying to fellow agents about their activities, stealing cash, a diamond ring, and an antiquity from evidence. Between 2022 and 2024, they allegedly sold the drugs to a confidential informant who they allowed to resell the drugs, without arresting the customers involved. The FBI estimates between $195,000 and $300,000 was made through this illegal scheme.
Kindle and Cole later recruited a confidential informant who had been released from prison to take over the role of the middleman in their drug distribution operation. They used an encrypted messaging app to communicate with the informant and provide meeting locations, including places like a Panera Bread restaurant and a Nike store, to conduct their illegal transactions. The FBI launched an investigation in October 2024 after the informant’s lawyer contacted the U.S. Attorney in Utah, reporting that the agents had required him to participate in potentially unlawful acts. Investigators tracked the agents and recorded eight instances in which drugs were illegally sold to the informant, including one where the informant discovered a plastic foam cup with a granular substance inside that tested positive for drugs.
The drugs being sold by Kindle and Cole were synthetic bath salts, also known as Alpha-PVP or cathinone, which are believed to be similar to drugs like methamphetamine, cocaine, or ecstasy. These substances are unrelated to actual bath products and are illegal substances. The FBI affidavit revealed that the illegal drug distribution scheme carried out by the two agents resulted in significant profits, with the two agents making thousands of dollars while using their positions in law enforcement to further their criminal activities. The charges against Kindle and Cole highlight the serious consequences of law enforcement officers engaging in criminal behavior and abusing their positions of trust and authority. The agents’ actions not only undermine the integrity of the Department of Homeland Security but also create potential risks to public safety and the justice system as a whole.
Overall, the arrest and charges against Nicholas Kindle and David Cole shed light on the prevalence of corruption and abuse of power within law enforcement agencies. The allegations of drug distribution conspiracy and theft of evidence by two Homeland Security agents demonstrate the need for accountability and oversight in ensuring that those entrusted with authority uphold the law and protect the public. The potential repercussions for these actions, including lengthy prison sentences, serve as a warning to others in positions of authority who may contemplate engaging in illegal activities. The investigation and prosecution of Kindle and Cole by the FBI and U.S. Attorney’s Office underscore the commitment to upholding the rule of law and holding individuals accountable for their misconduct.
