SALT LAKE CITY — Two Department of Homeland Security agents in Utah sold drugs previously seized as evidence through an informant in an illegal scheme that netted up to $300,000, according to court documents.
The agents sold an illegal synthetic drug known as “bath salts” to a confidential informant once or twice a week from last spring until 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, which would then be sold by the informant at a higher cost.
The informant, who has a lengthy criminal history, was recruited by federal agents while in custody to work for them after his release. But in addition to making legitimate controlled purchases from suspected drug dealers, the informant said he was coerced by the officers to engage in illegal sales, the affidavit said.
Homeland Security Investigations Special Agent David Cole was arrested Friday in Salt Lake and charged in U.S. District Court on a single count of conspiracy to distribute a controlled substance.
He was ordered held during an initial court appearance 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 court documents. But it was not immediately clear whether that officer could also be charged.
Cole’s attorney, Alexander Ramos, declined to directly address the criminal allegations, saying he was still trying to gather information about the case.
“Dave has served his community for many years as an outstanding officer at HSI and has a great reputation within the federal law enforcement community,” said Ramos. He added that he looks 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 is similar to methamphetamine, cocaine or ecstasy. They have nothing to do with actual bath products.
During searches of the officers’ homes, government vehicles, cubicles and a safe, investigators seized more than $67,000 in cash, an unspecified amount of apparent “bath salts” and other evidence, the affidavit said.
“Based on an average of one or two drug purchases per week, involving 25 grams of bath salts and a sum of $5,000 per purchase, it is estimated that Cole and Person A benefited from approximately $150,000 to $300,000 in illicit proceeds,” FBI says Special Agent. Tristan Hall said in a court statement.
The investigation began after the informant’s attorney contacted the U.S. Attorney’s Office in Utah in October to report that Cole and the second agent had demanded he perform 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 obtained the drugs they sold to him from evidence seized during a previous Homeland Security investigation, the affidavit said. The second officer “appears to have evidentiary duties,” according to the affidavit, which said officials were still verifying the informant’s allegations.
Other details provided by the informant were corroborated by surveillance and other sources, the affidavit said.
If Cole is found guilty, he could face 10 years or more in prison, according to court documents. In a motion seeking his arrest, federal prosecutors said they had serious concerns that Cole would 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 under investigation.
Cole and the second agent have had Homeland Security investigations suspended, but have not been fired, according to the affidavit. The Department of Homeland Security did not respond to emails seeking comment on Tuesday.
An arraignment for Cole is scheduled for Dec. 20 in Salt Lake City.
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Brown reported from Billings, Montana.