The 2nd Homeland Security agent in Utah has been arrested on drug trafficking charges that were taken as evidence.

A second Utah Department of Homeland Security agent was arrested and charged in federal court on charges of using an undercover informant to sell illegal drugs that was taken into evidence.

Nicholas Kindle, a special agent who investigates illegal drug trafficking, was arrested three weeks after the arrest of his former colleague, special agent David Cole. The two men are charged with conspiracy to distribute drugs, while Kindle is also charged with conspiracy to convert US government property for profit.

A judge scheduled Kindle’s first court appearance for Jan. 21. in Salt Lake City. He could face up to 25 years in prison if convicted.

Cole was indicted last month by a grand jury, but Kindle was formally indicted in a memorandum from the US Attorney’s Office, which does not require a grand jury’s approval to start a trial.

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Cole has pleaded not guilty to conspiracy to distribute drugs and will go on trial on Feb. 24. If convicted, he could face up to 20 years in prison.

Kindle and Cole have had their Homeland Security clearances suspended but have not been deported.

Prosecutors accused Kindle and Cole of abusing their positions to obtain illegal drugs known as “bath salts” from evidence from Homeland Security and other law enforcement officials, including US Customs and Border Protection officials, by falsely claiming they would use the drugs for an official investigation. .

The two allegedly started stealing drugs from evidence and lied to other co-workers about collecting them in 2021. Kindle and Cole also allegedly stole thousands of dollars in cash, a diamond ring and antiques from Peru in evidence.

Nicholas Kindle, a special agent investigating illegal drug trafficking, was arrested three weeks after the arrest of his co-worker, special agent David Cole. (AP Photo/Pablo Martinez Monsivais)

Between 2022 and 2024, Kindle and Cole are said to have sold these drugs to a person identified in court documents as a department “source of information” who allowed him to sell these drugs and did not arrest the customers.

The FBI says between $195,000 and $300,000 was made through the scheme.

The two agents are said to have later forced a confidential informant recruited to buy controlled substances from the suspected dealers after he was released from prison to take over as the new boss.

Kindle and Cole used an encrypted messaging app to provide information about meeting places, including a Panera Bread restaurant and a Nike store, according to an FBI affidavit.

The FBI launched an investigation in October 2024 after a whistleblower contacted the U.S. Attorney in Utah and said Kindle and Cole needed him to participate in potentially illegal activities, the affidavit said.

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Kindle and Cole have had their Homeland Security clearances suspended but have not been deported. (Photo by Samuel Corum/Anadolu Agency/Getty Images)

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Detectives began tracking the agents and recorded eight incidents in which drugs were illegally sold to the informant.

In one incident, the informant gave the FBI a foam plastic cup with a granular substance inside that tested positive for drugs. The citizen said that the agents left the trophy in the parking lot’s garbage can.

Synthetic bath salts, also known as Alpha-PVP or cathinone, are believed to be similar to methamphetamine, cocaine or ecstasy, and are not related to real bath products.

The Associated Press contributed to this report.