Jan. 3 (UPI) — A second Homeland Security Investigations agent has been indicted in federal court for conspiring to sell synthetic drugs that were seized as evidence, the Justice Department confirmed.
Nicholas Kindle was stationed in South Jordan, Utah, and is now the second special agent to be indicted in the case, according to the Justice Department.
Kindle is accused of selling the alpha-PHP, commonly known as bath salts, to confidential sources.
The synthetic drug is considered a Schedule II narcotic.
Kindle was the second Homeland Security Investigations agent indicted in the case, after his co-conspirator David Cole was charged in December with one count of conspiracy to distribute and possess with intent to distribute a controlled substance.
Homeland Security Investigations is a separate law enforcement agency within the Department of Homeland Security.
Cole faces a maximum prison sentence of 20 years if convicted and expected to make his first court appearance in Salt Lake City on Jan. 21.
At the time of Cole’s indictment, Kindle was only referred to as Person A in court documents.
Both men had their credentials suspended in December.
Authorities believe the two made about $195,00 in profit from selling drugs seized as evidence back to confidential human sources that eventually ended up back on the street. Officials contend the sales took place between April and December 2024.
“According to (the informant), Cole and Kindle never arrested any of the individuals to whom (the informant) sold the bath salts, nor did Cole and Kindle provide (the informant) with recording devices or other equipment to aid in gathering evidence of those involved in the illegal drug purchases,” court documents read.
Both agents are also accused of stealing cash and jewelry seized as evidence from ongoing drug investigations.
“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 Argentieri said in the Justice Department’s statement in December.
“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. Today’s indictment reflects the department’s commitment to holding accountable law enforcement officers who engage in criminal conduct, because no one is above the law.”