Two DHS agents charged in federal drug trafficking case

Two Homeland Security agents face federal charges for allegedly selling drugs seized as evidence, according to court documents. Authorities alleged the agents misused their federal positions to obtain the drugs from evidence lockers and other law enforcement agencies under the pretense of conducting legitimate investigations.

Federal prosecutors accused David Cole and Nicholas Kindle, both Homeland Security Investigation (HSI) special agents in Utah, of conspiring to distribute synthetic drugs known as “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

According to the FBI, the scheme ran from 2021 to 2024 and generated between $195,000 and $300,000.

Court documents revealed the agents acquired bath salts from evidence and then provided the drugs to confidential informants to resell the drugs on Utah’s streets. The agents used encrypted messaging apps to coordinate transactions, including leaving drugs in parking lot trash cans for pickup.

“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 alleged the agents also stole cash, a diamond ring and a Peruvian antiquity from evidence. The FBI began investigating after a confidential informant’s lawyer contacted the U.S. Attorney’s Office in October 2024 to report that the agents had compelled the informant to engage in “potentially unlawful acts.”

Cole indicted, formally charged

A federal grand jury indicted Cole in December 2024. He faces one count of conspiracy to distribute and possess with intent to distribute a controlled substance.

If convicted, Cole faces up to 20 years in prison.

The FBI charged Kindle in a separate information document, which does not require grand jury approval. He faces additional charges of conspiracy to convert U.S. government property for profit and could serve up to 25 years in prison if convicted.

“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 remain suspended but not formally dismissed. Cole pleaded not guilty, and his trial is scheduled for February 2025. Kindle’s initial court appearance is set for Jan. 21.