Two Department of Homeland Security agents in Utah sold drugs that were previously seized as evidence through an informant in an illegal scheme that brought in up to $300,000, according to court documents.
The agents sold an illicit synthetic drug commonly known as “bath salts” to a confidential informant once or twice a week beginning last spring through early December, according to an FBI affidavit filed in the case. The transactions typically involved one ounce (28 grams) of the drug for $5,000 that would then be sold by the informant at a higher cost.
The informant, who has a lengthy criminal history, had been recruited while in prison by federal agents to work for them upon his release. But in addition to conducting legitimate controlled buys from suspected drug dealers, the informant said he was compelled by the agents to engage in illegal sales, the affidavit said.
Homeland Security Investigations Special Agent David Cole was arrested in Salt Lake on Friday and charged in U.S. District Court with a single count of conspiracy to distribute a controlled substance.
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He was ordered to be detained during an initial court appearance on Monday before U.S. Magistrate Judge Dustin Pead.
A second Homeland Security special agent — identified in court documents only as “Person A” — also sold drugs to the informant, according to the court documents. But it was not immediately clear if that agent also could face charges.
Cole’s attorney, Alexander Ramos, declined to directly address the criminal allegations and said he was still trying to gather information about the case.
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“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. He added that he looked forward to responding to the allegations in court.
Ingestion of synthetic bath salts, also known as Alpha-PVP or cathinone, can lead to bizarre behavior such as paranoia and extreme strength, according to authorities who say it’s similar to methamphetamine, cocaine or ecstasy. They are unrelated to actual bathing products.
During searches of the agents’ homes, government vehicles, work cubicles and a safety deposit box, investigators seized more than $67,000 in cash, an unspecified quantity of apparent “bath salts” and other evidence, the affidavit said.
“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,” FBI Special Agent Tristan Hall said in a court affidavit.
The investigation began after the informant's defense attorney contacted the U.S. Attorney in Utah in October to report that Cole and the second agent had required him to engage in potentially unlawful acts. The informant then cooperated with the FBI “for monetary value and out of fear for his personal safety," the affidavit said.
The informant said Cole and the second agent got the drugs that they sold to him from evidence seized in a prior Homeland Security investigation, according to the affidavit. The second agent “appears to have evidence custodian duties," according to the affidavit, which said officials were still verifying the informant's allegations.
Other details offered by the informant were confirmed through surveillance and other sources, the affidavit said.
If found guilty, Cole could face up to 10 years or more in prison, according to court documents. In a motion seeking his detention, federal prosecutors said they had serious concerns that Cole might try to obstruct the case by interfering with witnesses, harming himself or fleeing.
FBI spokesperson Sandra Barker declined to comment on the case or whether anyone else was being investigated.
Cole and the second agent had their Homeland Security investigation credentials suspended but have not been fired, according to the affidavit. The Department of Homeland Security did not respond to emails seeking comment Tuesday.
An arraignment for Cole is scheduled on Dec. 20 in Salt Lake City.
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Brown reported from Billings, Montana.
