A second Department of Homeland Security (DHS) agent has been arrested and charged with selling seized drugs, following a similar case involving an alleged co-conspirator. Nicholas Kindle faces drug distribution and property conversion charges.
A second Department of Homeland Security agent has been charged in federal court with using a confidential informant to sell illicit drugs that were seized as evidence.Nicholas Kindle, a special agent in Utah tasked with investigating illegal narcotics trafficking, was arrested three weeks after his alleged co-conspirator, special agent David Cole. Both face a felony drug distribution conspiracy charge, and Kindle faces an additional charge of conspiracy to convert property of the U.S.
government for profit.On Thursday a magistrate judge set Kindle's initial court appearance for Jan. 21 in Salt Lake City. If convicted he faces a maximum penalty of 25 years in prison.An attorney has not yet been listed for Kindle in court records.Unlike Cole, who was indicted last month by a grand jury, Kindle was formally charged 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 Kindle and Cole abused their positions to acquire illegal drugs known as 'bath salts' from Homeland Security evidence and from other law enforcement personnel, including U.S. Customs and Border Protection officers, under the false pretense 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. They are also alleged to have stolen thousands of dollars in cash, a diamond ring and a Peruvian antiquity from evidence.From 2022 to 2024, the agents allegedly sold the drugs to a person identified in court documents only as a 'source of information' for the department, prosecutors. They let that person resell the drugs and did not arrest the customers, according to charging documents.Cole and Kindle 'sold bath salts to HSI confidential human sources for thousands of dollars and allowed those sources to resell the bath salts on the streets of Utah for a profit,' prosecutors alleg
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