Two Homeland Security agents are currently facing federal charges for their involvement in an illicit drug-selling scheme. According to court documents, these agents allegedly abused their positions within the federal agency to unlawfully obtain drugs from evidence lockers and other law enforcement agencies. They did so by pretending to be conducting legitimate investigations.
David Cole and Nicholas Kindle, two special agents from Homeland Security Investigation (HSI) in Utah, have been charged by federal prosecutors for allegedly conspiring to distribute synthetic drugs called “bath salts.”
“The indictment alleges that David Cole abused his position as a federal law enforcement agent to obtain and sell dangerous drugs for profit,” Principal Deputy Assistant Attorney General Nicole M. Argentieri said. “A drug dealer who carries a badge is still a drug dealer — and one who has violated an oath to uphold the law and protect the public.”
Drug distribution conspiracy
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The FBI reported that the scheme was active from 2021 to 2024 and resulted in a revenue range of $195,000 to $300,000.
According to court documents, agents were found to have obtained bath salts from evidence and subsequently supplied these drugs to confidential informants for the purpose of reselling them on the streets of Utah. To carry out these transactions, the agents utilized encrypted messaging apps and even went as far as leaving the drugs in trash cans located in parking lots for the informants to pick up.
“David Cole took an oath to protect and serve. Instead, he allegedly distributed dangerous drugs in our communities for profit,” FBI Special Agent in Charge Shohini Sinha of the Salt Lake City Field Office said. “Cole’s alleged actions not only helped fuel an already devastating drug crisis but also undermined the public’s trust in law enforcement.”
Prosecutors accused the agents of not only stealing money, a diamond ring, and a Peruvian antiquity from evidence but also of forcing a confidential informant to participate in activities that could be considered illegal. The investigation by the FBI started when the lawyer of the informant reached out to the U.S. Attorney’s Office in October 2024 to report these allegations.
Cole indicted, formally charged
Cole was indicted by a federal grand jury in December 2024 for his involvement in a conspiracy to distribute and possess a controlled substance with the intent to distribute.
If Cole is found guilty, he could potentially be sentenced to a maximum of 20 years in prison.
The FBI has charged Kindle in a separate information document, which does not require grand jury approval. If convicted, he could face additional charges of conspiracy to convert U.S. government property for profit and potentially serve up to 25 years in prison.
“Today’s arrest sends a clear message that federal employees who violate the trust of the public and break the law will be prosecuted,” Joseph V. Cuffari, Inspector General of the Department of Homeland Security, said. “DHS OIG is grateful for our continued partnership with our law enforcement partners as we continue fighting corruption.”
Both agents are currently under suspension, however, they have not been officially dismissed. Cole has entered a plea of not guilty and his trial is scheduled for February 2025. Kindle, on the other hand, is set to make his first court appearance on January 21st.