Second Federal Agent Arrested in Utah for Drug Trafficking Scheme

Utah – A second Department of Homeland Security (DHS) agent, Nicholas Kindle, has been charged in federal court for allegedly using a confidential informant to sell illicit drugs that were seized as evidence. Kindle’s arrest comes three weeks after his alleged co-conspirator, special agent David Cole, was charged. Both face a felony drug distribution conspiracy charge, with Kindle also facing an additional charge of conspiracy to convert U.S. government property for personal profit.

On Thursday, a magistrate judge scheduled Kindle’s first court appearance for Jan. 21 in Salt Lake City. If convicted, Kindle could face up to 25 years in prison. An attorney has not yet been listed for Kindle in court records.

While Cole was indicted last month by a grand jury, Kindle’s charges stem from an “information” document from the U.S. Attorney’s Office, which allows for charges to be filed without grand jury approval. Federal prosecutors accuse both agents of using their positions to acquire drugs known as “bath salts” from DHS evidence and from other law enforcement sources, including U.S. Customs and Border Protection, under the guise of legitimate investigations.

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Prosecutors say that Kindle and Cole began stealing drugs from evidence as early as 2021, deceiving other agents about the purpose of the drugs, and stole other items including cash, a diamond ring, and a Peruvian antiquity. Between 2022 and 2024, the agents allegedly sold these drugs to an individual referred to as a “source of information” for the department, allowing that person to resell them without making arrests of the customers involved.

The FBI has stated that the scheme generated between $195,000 and $300,000 in profits. Kindle and Cole allegedly coerced a confidential informant, who had been released from prison, to act as a middleman in the operation. The agents used encrypted messaging apps to direct the informant to meeting locations, which included places like Panera Bread and a Nike store, according to an FBI affidavit.

The investigation into the agents began in October 2024 after the informant’s lawyer alerted the U.S. Attorney’s Office in Utah, prompting a deeper probe. The FBI tracked and recorded eight illegal transactions involving drug sales to the informant.

One of the sales involved the informant delivering a foam cup containing a granular substance that later tested positive for drugs. The agents allegedly left it in a trash can in a parking lot for the informant to find.

Bath salts, which are chemically related to substances like methamphetamine, cocaine, and ecstasy, are known to cause bizarre behavior, including paranoia and extreme physical strength, according to authorities.

Both Kindle and Cole had their DHS credentials suspended, though they have not been fired. Cole has pleaded not guilty to his charges and is scheduled for trial the week of Feb. 24, facing a maximum sentence of 20 years if convicted.

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keelee-mccain

Keelee McCain is a junior at Weber High School. This is her second year on staff, this year as Assistant to the Chief. She does have a life (probably) but she can't think of anything to write in here, so she's probably just going to ramble now. She has an orange cat who she likes better than any human. If you see her being quiet or not sitting on top of a desk, there is something very wrong. In her free time she enjoys harassing her favorite teachers and sleeping. Her life plans include making it through high school and leaving. Happy lifeing.

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