SALT LAKE CITY — A second agent from the Department of Homeland Security has been charged in federal court for allegedly utilizing a confidential informant to sell illegal drugs that had been confiscated as evidence. Nicholas Kindle, who works as a special agent in Utah focusing on drug trafficking investigations, was apprehended three weeks after his alleged accomplice, fellow special agent David Cole. Both individuals face charges of conspiring to distribute drugs, while Kindle is also charged with conspiring to illegally convert government property for personal gain.
On Thursday, a magistrate judge scheduled Kindle’s initial court appearance for January 21 in Salt Lake City. If found guilty, Kindle could be sentenced to a maximum of 25 years in prison. Currently, there is no attorney listed for him in legal documents.
In a different legal process than Cole, who was indicted by a grand jury last month, Kindle was charged based on information provided by the U.S. Attorney’s Office, which allows for criminal proceedings without grand jury approval. Federal prosecutors allege that Kindle and Cole exploited their official roles to collect illegal substances, referred to as “bath salts,” from evidence handled by Homeland Security and other law enforcement agencies, including U.S. Customs and Border Protection. They reportedly misrepresented their intentions, claiming they would use the drugs for valid investigations.
According to prosecutors, the wrongdoing began as early as 2021 when Kindle and Cole started to misappropriate drugs and misled their colleagues about their actions. They are also accused of stealing substantial amounts of cash, along with a diamond ring and an ancient Peruvian artifact from the evidence.
From 2022 to 2024, it is claimed that the agents sold the drugs to an individual identified only as a “source of information” for the department. This arrangement allowed the informant to resell the drugs without facing any arrests of customers, as detailed in the charging documents.
The FBI estimates that this illegal scheme generated profits between $195,000 and $300,000. Eventually, the agents reportedly pressured a confidential informant—who had been released from prison—to act as a new intermediary for their drug transactions.
Utilizing an encrypted messaging platform, Kindle and Cole communicated meeting points such as a Panera Bread and a Nike store to the informant, according to an FBI affidavit. The investigation began in October 2024, instigated when the informant’s lawyer alerted the U.S. Attorney in Utah about the agents coercing the informant into unlawful activities. Investigators monitored them and recorded eight instances of drug sales to the informant.
In one incident, the informant reportedly returned to the FBI with a foam cup containing a substance that tested positive for drugs. He claimed that the agents had left it for him in a trash can in a parking lot.
Synthetic bath salts, also known as Alpha-PVP or cathinone, can induce erratic behaviors such as paranoia and heightened physical strength, according to authorities. The substance shares qualities with methamphetamine, cocaine, and ecstasy but is not related to actual bath products.
Both Kindle and Cole have had their Homeland Security credentials suspended but have yet to be dismissed from their positions, as noted in court documents. Cole has entered a plea of not guilty to the conspiracy charge regarding drug distribution and is set to go on trial during the week of February 24, where he could face up to 20 years in prison if convicted.
