Second Homeland Security agent in Utah charged with selling illicit drugs from evidence
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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.