By Steve Neavling
Two Department of Homeland Security agents in Utah allegedly funneled confiscated drugs back into the market through an informant, generating up to $300,000 in illicit profits, court documents reveal.
The agents reportedly sold synthetic drugs, commonly known as “bath salts,” to a confidential informant on a weekly basis from the spring through December last year, the Associated Press reports. According to an FBI affidavit, each transaction involved one ounce of the substance for $5,000, which the informant then resold at a higher price.
The informant, who was initially recruited from prison by federal agents to assist in legitimate drug investigations, claimed that he was pressured by the agents to participate in illegal activities. Alongside conducting authorized buys, he said he was coerced into selling the seized drugs, according to the affidavit.
On Friday, Homeland Security Investigations Special Agent David Cole was arrested in Salt Lake City and charged in U.S. District Court with conspiracy to distribute a controlled substance. Cole appeared in court on Monday, where U.S. Magistrate Judge Dustin Pead ordered his detention. If convicted, Cole faces a potential sentence of 10 years or more in prison.
Court documents also implicated a second Homeland Security agent, referred to as “Person A,” in the drug sales. However, it remains unclear whether this agent will also face charges.
Cole’s attorney, Alexander Ramos, refrained from directly addressing the accusations, saying he was still gathering information about the case.
“Dave has many years of service to his community as an outstanding agent with HSI and holds a great reputation among the federal law enforcement community,” Ramos said.
Synthetic bath salts, also referred to as Alpha-PVP or cathinone, are known to cause erratic behavior, paranoia, and extreme strength. Authorities compare their effects to methamphetamine, cocaine, or ecstasy. These substances are unrelated to actual bathing products.
Investigators searching the homes, offices, and vehicles of the agents uncovered over $67,000 in cash, an unspecified amount of synthetic bath salts, and additional evidence, according to the affidavit.
“Based on an average of one or two drug buys per week, involving 25 grams of bath salts and the amount of $5,000 each buy, it is estimated that Cole and Person A have profited approximately $150,000 to $300,000 in illegal proceeds,” wrote FBI Special Agent Tristan Hall in the affidavit.
The investigation was prompted when the informant’s defense attorney contacted the U.S. Attorney in Utah in October, reporting that the agents had coerced the informant into potentially illegal activities. Afterward, the informant cooperated with the FBI, citing fear for his safety and financial compensation as motives.
The affidavit states that the drugs sold by the agents were taken from evidence seized in a previous Homeland Security investigation. The second agent is believed to have had responsibilities as an evidence custodian, though authorities are still verifying the claims.
Court documents describe how the agents and the informant conducted their exchanges in public locations, including restaurants, retail stores, and grocery parking lots. On one occasion, the informant provided the FBI with a Chick-fil-A cup containing a granular substance he claimed to have received from the agents. Lab tests confirmed it was bath salts.
Details from the informant were corroborated through surveillance and other investigative methods, according to the affidavit.
Both agents have had their credentials suspended but remain employed by Homeland Security. The agency did not respond to requests for comment on Tuesday.