A second Department of Homeland Security agent has been charged in federal court with using a confidential informant to sell illicit drugs that were seized as evidence.

Nicholas Kindle, a special agent in Utah tasked with investigating illegal narcotics trafficking, was arrested three weeks after his alleged co-conspirator, special agent David Cole. Both face a felony drug distribution conspiracy charge, and Kindle faces an additional charge of conspiracy to convert property of the U.S. government for profit.

On Thursday a magistrate judge set Kindle’s initial court appearance for Jan. 21 in Salt Lake City. If convicted he faces a maximum penalty of 25 years in prison.