SALT LAKE CITY — A Salt Lake City federal agent within the Department of Homeland Security is accused of using a confidential informant to illegally sell bath salts, earning profits up to $300,000.
David Cole, who worked within the agency's Homeland Security Investigations office, was charged with one count of Conspiracy to Distribute and Possess a Controlled Substance in an indictment handed down this week.
"Part of Homeland Security's job is to prevent drugs from entering into the United States," said Clayton Simms, a local criminal defense attorney. "Rather than stop that, this Homeland Security Officer, the allegations are facilitated that encouraged that and actually carried out drug deals rather than stop them."
According to court documents, an attorney representing the unnamed informant contacted the U.S. Attorney's Office in October, claiming he had been required by Cole and another Special Agent to engage in acts he "believed to be unlawful."
The other Special Agent was not named in the indictment.
After working legitimate controlled drug buys with the two agents and others within Homeland Security Investigations, the informant said Cole approached him with a proposition to sell bath salts illegally. The informant said he'd pay $5000 to Cole and the other agent for the bath salts, and then sell them on the street for $10000, which he'd be allowed to keep.
"Bath salts are not heroin, cocaine and meth, but it's very damaging to your health and it's similar to a methamphetamine in terms of effects that it gives you," said Simms.
The informant claimed the drug deals occurred once or twice a week in Utah beginning in April, and he cooperated in the arrangement "out of fear for his personal safety."
None of the people who bought the bath salts from the informant were arrested by Cole or the other agent.
Through the agreement, Cole and the other agent reportedly profited approximately $150,000 to $300,000 in illegal proceeds.
"It's very rare to have a Homeland Security agent charged with a federal felony," said Simms. "It would be serious for any person to be charged with the amount of drugs that they distributed."
Once an investigation to corroborate the informant's allegations began in late October, eight controlled buys were conducted involving either Cole or the other agent.
During a search of the agents' homes on Dec. 4-5, bath salts and more than $67,000 in cash were found.
Cole is set to appear in federal court on Friday for a detention hearing.
FOX 13 News reached out to Wyn Hornbuckle, the deputy director of the Office of Public Affairs with the U.S. Department of Justice. Hornbuckle said since this is a pending prosecution, they couldn't comment beyond what has been filed with the court.
