Xtagged.com SCAM (and con-artist Andy Esquivel)
The truth about Xtagged, Wiser Technology, and the scams of Andy Esquivel
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Category: Trial Updates
Andy Esquivel arrested (again)
Posted on February 1, 2016 in Andy Esquivel's Scams Andy's Threats Buzz/Wiser Karma Cause Ron Kelsay Trial Updates Uncategorized Wiser Car Cover Wiser E-Cigarettes Wiser Eyes Wiser Helmet Wiser No Phone Zone Wiser Technology Xooplay Xtagged
Andy Esquivel has been arrested (again) and is now in state custody. He was taken into custody just before noon on Monday, February 1st – booking number 201600817. His bail is set at $25,000 cash. He cannot bond out, he must pay the full amount to be released.
For those of us watching this drama unfold, this comes as no surprise. This is not the last time Andy will be arrested for probation violation, but because this is the first time it will be his shortest time in jail (30 days). Next time it’ll be 90 days, then 6 months according to AP&P guidelines.
I’ll post updates on Andy’s status and audio of the court hearings as they become available. My hunch, given how damning the report by Andy’s probation officer was, this won’t end well. Here’s the custody information website link.
UPDATE: Andy’s hearing before Judge Connors is scheduled for Tuesday, February 16th @ 9:15am.
UPDATE: Andy was released from jail on his own recognizance and a sentencing hearing has been set for March 8th @ 9:15am. At this hearing, based on what he is posting online, we expect Andy to claim that he has a job, that his parole officer is somehow ‘corrupt’, and that he needs a 6th PO who will be more sympathetic to his latest scam, SmileyHeroes.com.
UPDATE: The February 16th hearing was a short one, so we’re not going to bother posting the audio online.
UPDATE: Andy’s sentencing hearing has been postponed five times since his release, usually at the request of his public defender. The new hearing has been scheduled for June 14th @ 9:00am.
Details of Amdy Esquivel’s plea agreement released
Posted on October 22, 2014 in Trial Updates
The full details of Andy Esquivel’s securities fraud plea agreement are now available for review. Due to a glitch in the court records database, we weren’t able to access this document until just recently (the court attached the wrong plea agreement to Andy’s case file).
The full agreement can be found here.
The agreement details the conditions of Andy Esquivel’s release on Probation, including the requirement that he pay full restitution to his victims, get a job, and submit to random drug and alcohol testing for three years. Once (IF) Andy completes his probation, the prosecutor cites no objection to reducing the two 3rd degree felonies Andy was convicted of to Class A misdemeanors – still serious crimes, but reduced one level in weight. Probation is to last three (3) years.
Below please find a transcript of the guilty plea submitted by Andy Esquivel via his public defender:
“During the period of time from March 2008 through April 2009, [I] operated a business known as Xtagged. [I] represented Xtagged was an Internet based business in which the user created an online profile for meeting & dating. During that period of time [I] met with 3 individuals. At various meetings, [I] represented that Xtagged was a registered LLC, that Xtagged was patented & the Dept. of Motor Vehicles had authorized Xtagged to communicate and access their databases. That MySpace, Michael Jackson & Google were interested in purchasing Xtagged & that in near future Xtagged would become a public corporation.
Based upon [my] representations, these individuals purchased ‘stock’ in Xtagged. They did not receive any return on their investment as promised and [I] failed to return their investment when asked. A records search showed Xtagged was never registered in the state of Utah and no patents held in it’s name. The DMV was contacted and they never gave permission for Xtagged to access their database. No evidence that any offer to purchase Xtagged was made or that it ever went public.” – Andres Esquivel (8/19/2014)
Andy Esquivel lies (a list)
Posted on October 22, 2014 in Andy Esquivel's Scams Andy's Threats Andy's Videos Buzz/Wiser Karma Cause Ron Kelsay Trial Updates Wiser Car Cover Wiser E-Cigarettes Wiser Eyes Wiser Helmet Wiser No Phone Zone Wiser Technology Xooplay Xtagged
Here’s a brief outline of Andy’s various lies:
- Truth: Andy Esquivel conned $5,000 from an investor named Ryion Butcher
- Truth: Andy Esquivel conned $50,000 from an investor named Gene Allen Brady and his mother Georgia Brady
- Truth: Andy Esquivel conned $10,000 from an investor named Kyle Kluff
- Lies specifically told to scam victim Kyle Cluff in order to secure his investment (quoted from recent testimony):
- Donald Trump was buying xtagged, and he called Andy and Andy put him on speaker phone so his family could hear and celebrate.
- 24 hour fitness was endorsing xtagged and we would be on the Biggest loser.
- Geico was endorsing xtagged.
- Kyle needed to sell all these Nike stickers so Nike will endorse xtagged.
- The Attorney General of Colorado was going to endorse xtagged and take it to President Obama.
- Colorado University professors wanted to use xtagged with the grant money they received.
- P 90X was going to pay you to use xtagged and if Kyle helped Andy get in shape he was going to split it with Kyle which would of come to $30,000.
- Andy got paid millions of dollars from real estate companies to use xtagged for selling their homes.
- Myspace wanted to by xtagged for 5 million dollars.
- The DMV was going to use xtagged system.
- Americas most wanted was endorsing xtagged.
- [Andy wa going to be on Oprah in just 6 more months (this was three years ago).
- xtagged was going to have a super bowl commercial for 2009 for Budweiser.
- Andy was in the middle of brokering a deal with Budweiser for your amazing “trademarked” commercial.
- Andy told Kyle multiple times, “Kyle, it’s done we sold xtagged, your officially a millionaire.”
- xtagged was supposed to be on 10 different news stations, (many of which were fox news, and not the regional ones but nation wide fox news.) but Andy didn’t want the site to crash because of being over viewed, so he postponed the interview.
- Scam victims will get their buy out in just one month.
- All of Andy’s companies, (xtagged, car cover, BTP, the sushi shop) were under the same company name and Kyle owned 3 % of each.
- Andy had a Google executive fly out to Utah, just to meet him and talk about xtagged.
- Andy owned www.yourplates.com and was using it as a trial version of xtagged.
- That xtagged had facial recognition and that Andy ha meetings with many FBI agents who loved xtagged.
- That xtagged was going to be on shark tank the tv show.
- That the stocks everyone bought were going to go public of June, 2008 and they would open no lower than $30 a share, and will quickly rise above the price of Google stock.
- Andy’s ex-lawyer and Allen had a deal to sell Xtagged for 30 million dollars, but the buyers were all about the money so Andy didn’t sell.
- Truth: Andy Esquivel conned $5,000 from an investor named Stephen R. Klemark, III
- Truth: Andy Esquivel conned $2,000 from an investor named Chris Engelbrecht
- Truth: Andy Esquivel conned $1,500 from an investor named Robert Daugherty
- Truth: According to Andy Esquivel’s former attorney, Andy is alleged to have conned as much as $100,000 from Melissa Garr [JPG]
- truth: Andy Esquivel conned $2,500 from an investor named Shar Jenkins and used it to pay back the $2,500 he conned from Logan Laws
- note: this constitutes running a ‘ponzi scheme’ across state lines according to the Utah Department of Securities.
- Truth: Andy Esquivel conned more than $70,000 from members of his own family (who all know him as “Chicho”). formal charges in these cases have not yet been filed, but the victims are communicating with authorities to determine next steps.
- Truth: Andy Esquivel was convicted of digital harassment in American Fork, Utah (Case#101101231). Hw was sentenced to a fine and a year’s probabtion.
- Truth: Xtagged is being investigated for fraud by the Federal Trade Commission (#26458904)
- Truth: Andy Esquivel has been charged with three felony counts of securities fraud in Davis County Utah (case#111701135) and is currently free on $10,000 bond. He faces trial on all three counts on October 24th, 2012 and will be representing himself.
- Truth: Andy Esquivel has been charged with disorderly conduct in connection with a fight he and his cousin John Steer had in Bountiful Utah in 2009 (case#091800357) and is currently free on $750 in cash bail.
- Truth: Andy Esquivel was convicted in 2004 of felony weapons charges involving drugs [ZIP]
- Lie: MySpace offered $100 Million to buy MySpaceTagged.com
- truth – Myspace almost sued Andy over MySpaceTagged.com
- truth – Myspace almost sued Andy over MySpaceTagged.com
- Lie: Xtagged authenticates users license plate numbers
- truth – Xtagged.com never had a connection to any public databases and therefore could not authenticate anything
- Lie: Xtagged used face recognition software to authenticate users
- truth – there never was any face recognition software in Xtagged
- Lie: Xtagged was sponsored by iSafe.org
- truth – iSafe.org was considering legal action against Xtagged
- Lie: Xtagged is trademarked
- truth – Andy never finished filing a trademark on the Xtagged name or logo [click here]
- Lie: Wiser Electronic Cigarette Inc. bought out Wiser LLC [link]
- Lie: Andy Esquivel sold Xtagged for millions and bought houses in Florida, Nevada and Colorado
- Truth – Andy Esquivel is broke and lives with his mother
- Lie: On August 25th, Wiser Technology released their Wiser Car Cover. Andy posted a picture of it being tested at 75 mph in New Mexico [PHOTO]
- Truth – the photo Andy posted was actually of a 2012 Hyundai Veloster undergoing road tests in the mid west. The car, which has not yet been released, was disguised by black wraps. Many other photos of similarly disguised Velosters are posted across the web, including YouTube videos. Andy spotted one, took a picture of it, and labeled it “Wiser Car Cover” in an attempt to fool people into believing he had a product.
- Lie: Andy Esquivel partnered with Nike and licensed their logo to merge with Xtagged
- truth – Nike is considering legal action against Andy Esquivel for trademark infringement
- Lie: Andy Esquivel partnered with Geico and licensed their logo to merge with Xtagged
- truth – Geico is considering legal action against Andy Esquivel for trademark infringement
- Lie: KarmaCause.org was a website affiliated with KarmaCurrency.com.au
- truth – KarmaCause.org is a domain that used to redirect to KarmaCurrency.com.au without their knowledge
- Lie: KarmaCause.org and Xtagged helped a homeless family in Denver, as reported by their testimonial on Xtagged.com
- truth – the entire story was a sham, the photos stolen and the license plate of the alleged homeless family helped by Andy’s charity is fake
- Lie: Xtagged is worth millions of dollars
- truth – Xtagged.com is now offline and is therefore worth little more than the fee required to register it with Godaddy.
- Lie: Google was considering buying Xtagged for $1 Billion dollars
- truth – the M&A department at Google has never heard of Xtagged and wouldn’t consider buying it if they had
- update: Andy claims to be suing Google and has started a twitter feed caled “Die-Google-Die” to promote his anti-Google cause.
- Lie: Stephen R. Klemark bought Xtagged for $24.5 million
- truth – Stephen R. Klemark doesn’t have $24.5 Million
- Lie: Stephen R. Klemark bought Xtagged for $2.4 million
- truth – Stephen R. Klemark doesn’t have $2.4 million
- Lie: Xtagged got bought for $50 million
- truth – nobody is stupid enough to buy Xtagged for $50 million
- Lie: This message board thread has cost Xtagged $175k or $300k or $2.5m or $12m or $15m (depending on the day of the week) in lost potential investments
- truth – nobody in their right mind would invest any amount of money into Xtagged
- truth – Any company considering investing in Xtagged would do their homework first and discover everything we’ve posted here (including the fact that none of the companies mentioned legally exist) on their own
- truth – It has been noted that pathalogical liars can never remember the lies they’ve told, which is why Andy’s numbers always change with time
- Lie: Andy Esquivel got financial backing for Xtagged form some company at CES in Las Vegas
- truth – Andy Esquivel never went to CES and nobody there would have given him the time of day if he had
- Lie: Andy Esquivel is developing an energy drink called Buzz/Wiser where 50% of the profits will go to MADD
- truth – MADD is suing Andy Esquivel over this claim
- truth – there is no energy drink
- truth – New Belgium Brewing Company is about to sue Andy Esquivel and Stephen R. Klemark, III for using their logo to promote this fake energy drink
- Lie: Andy Esquivel was working on a deal with a stadium
- truth – there never was a deal with any stadium
- Lie: Buzz/Wiser Feel Better is a new version of the Buzz/Wiser drink family that cures hangovers
- truth – Andy spoofed a drink called Security Feel Better manufactured out of Miami Florida, stole all their graphics, and pretended it was his. The owner of the real drink is taking legal action.
- Lie: Andy Esquivel filmed his infamous Mariah Carey video in front of a big screen TV owned by one of his business partners
- truth – Andy Esquivel filmed the Mariah Carey video in front of a wall in his mother’s living room using a laptop projector borrowed from friends
- Lie: Buzz/Wiser contains a secret ingredient that cures hangovers
- truth – there is no Buzz/Wiser
- Lie: Buzz/Wiser has shipped 1 Million units
- truth – there is no Buzz/Wiser
- Lie: Buzz/Wiser is a non-alcoholic energy drink
- truth – there is no Buzz/Wiser
- truth – published mock-ups photos of the proposed energy drink currently being displayed on the Buzz/Wiser website include the text “alcohol content 5.4%” around the upper lip of the can
- Lie: Buzz & Wiser is being ‘considered’ for a Superbowl commercial
- truth – the only ‘consideration’ you need to get a Superbowl commercial is a few million dollars in cash and a good media firm
- truth – there is no ‘Buzz & Wiser’
- Lie: Xtagged has a reality show which aired in July of 2008
- truth – there is no reality show, never was, never will be…
- Lie: Xtagged will be featured in an upcoming episode of “The Family Guy”
- truth – no it will not
- Lie: Xtagged will have a cameo in the upcoming Pixar movie “Cars II”
- truth – no it will not
- Lie: The Denver Police Department has endorsed Wiser Technology’s “No Phone Zone” application
- truth – a spokesperson for the Denver Police Department expressly states that the department does not endorse products of any kind
- truth – Steve Klemark, who works for the department as a low level clerk, was the subject of an internal affairs investigation and subsequent disciplinary action for using the name of the department to promote his various schemes.
- Lie: Aspen St. Inn in Colorado has partnered with Wiser E-Cigarette to offer an e-cigarette in every room. Their phone number is (720) 732-7786
- truth – representatives of the Aspen Street Inn in Colorado have never even heard of e-cigarettes and the phone number above for Andy’s mother, not the inn.
- Lie: Andy staged a HUGE infomercial to launch his Wiser E-Cigarette on July 4th
- truth – since Andy still hasn’t posted the video from this amazing television event, we can only assume that it never happened.
- Lie: “Gary the Bus Driver” was on hand for the infomercial and posted this blog describing the event
- “Gary the Bus Driver” is actually Andy pretending to be someone who actually thinks his various fictitious products are real. This was revealed in a recent YouTube video posted by Andy in which he surfs Google while still logged in as Gary the Bus Driver (he apparently didn’t realize the login cookie from Blogger persists when you switch to Google.com).
- Lie: Xtagged has an iPhone app that will start your car for you
- truth – Andy bought a remote starter and filmed himself starting a car with it after touching the screen of his iPhone…pretending the iPhone started the car
- Lie: Xtagged software is bundled with the Samsung Instinct
- truth – Samsung knows nothing about Xtagged, would not bundle this software if it did, and decided not to sue Andy over these claims because they considered the damage caused by his amateur YouTube video minimal
- Lie: Buzz/Wiser is working on a Superbowl commercial
- truth – there is no Superbowl commercial
- Lie: Xtagged was buying Rebecca Dunn a house in Colorado
- truth – Andy can’t even afford to buy himself a house in Colorado
- Lie: I’m leaving my job to go work for Andy Esquivel at Xtagged
- truth – no amount of money in this world is worth going to jail because I worked with Andy Esquivel at Xtagged
- Lie: Andy Esquivel owns a printing company
- truth – Andy Esquivel doesn’t own any legitimate businesses
- Lie: Xtagged has a line of jewelry
- truth – Andy Esquivel bought one ring with the Xtagged logo on it…this does not constitute a ‘line’
- Lie: Ryion was fired from Xtagged because he embezzled funds
- truth – Ryion turned against Xtagged when he found out Andy was a fraud
- Lie: Someone inside City Weekly deleted Andy Esquivel’s blog posts on CityWeekly.net because they’re against Xtagged
- truth – nobody at City Weekly gives a damn about Andy Esquivel or Xtagged
- Lie: 50% of Xtagged profits go to fix healthcare
- truth – Andy Esquivel voted for Obama and that’s the extent of his contribution to healthcare
- Lie: The Buzz/Wiser energy drink ships with pills that help women detect sexual drugs in their drinks
- truth – there is no Buzz/Wiser energy drink and no such “magic pill” to detect Rohypnol, GHB, or any other such “sexual” drug.
- Lie: Xtagged is patented
- truth – Andy Esquivel started a patent application, but never finished it
- Lie: Andy Esquivel developed and patented Blue-tooth profiler
- truth – there is no blue-tooth profiler and no patent for it
- Lie: I somehow hacked Rebecca Dunn’s AOL email and sent Viagra ads to all her contacts
- truth – Rebecca Dunn obviously downloaded a virus.
- Lie: Xtagged LLC has numerous investors
- truth – there is no Xtagged LLC
- Lie: Andy has developed a blue-tooth enabled micro-chip that goes on the tip of an e-cigarette the broadcasts nicotine intake
- truth – Andy couldn’t develop a microchip if his life depended on it.
- Lie: Andy has developed a pair of 1080p, high definition, 3D sunglasses that, when connected to a Wii styled gyroscopic cell phone, can take you on a virtual tour of Solomon and Herod’s temples in Jerusalem.
- truth – besides being so outlandish as to stretch a sane person’s imagination, these products are absolute fantasy.
- Lie: Andy Esquivel is marketing an e-cig to all the casino’s in Las Vegas and all the nursing homes in Colorado
- truth – Andy Esquivel could barely afford to buy the demo kits for his e-cig
- truth – no casino would give Andy Esquivel the time of day
- truth – Andy Esquivel’s mother works for a nursing home and that’s about the extent of his involvement with them
- Lie: I’m just attacking Andy because I’m jealous he hired my mother at Xtagged instead of me
- truth – Andy has never paid my mother, so to say he “hired her is a stretch
- truth – I have a rewarding career working for one of the ten largest corporations on Earth. Although mu mother offered me a “job” at the non-existent company she claims to head and that Andy pretends to own, I wasn’t stupid enough to take her seriously, much less accept.
- Lie: Andy gave me a weekend job working at his nightclub “Playground” in Park City
- truth – Andy was not an owner of Playground. At most he was a regular there who suckered the real owners into signing papers trading 10% of their failing club for exclusive distribution rights to Xtagged.com
- truth – I only visited Playground twice while it was still in business to take photos of Andy trying to impress people with Xtagged.
- truth – Andy didn’t have the authority to hire anybody at Playground, and I wouldn’t have accepted a “weekend job” there if he had
- Lie: Andy Esquivel is suing City Weekly
- truth – Andy Esquivel isn’t suing anybody
- Lie: Andy Esquivel is suing me
- truth – Andy Esquivel isn’t suing anybody
- Lie: Andy Esquivel is suing Ryion
- truth – Andy Esquivel isn’t suing anybody
- Lie: Andy Esquivel is suing a police department in Utah somewhere for harassment after they pulled him over in his Lamborghini and gave him a hard time.
- truth – Andy Esquivel isn’t suing anybody
- truth – Andy Esquivel doesn’t own a Lamborghini
- Lie: the Lamborghini incident was taped by a passenger int he back seat
- truth – Lamborghini’s don’t have back seats
- Lie: Andy has developed a backpack-borne child cover that attaches to the valve stem of a car, inflates using air in the car’s tires and protects children from freak hailstorms while walking home from school.
- truth – this is probably the dumbest idea ever imagined (imagine children running to attach their inflatable shelters to the valve stems of random automobiles at the first sight of hail while walking home form school). It’s ridiculous even by Andy standards and the odds of it being real are less than zero!
- Lie: Ryion and I are running from a federal court summons
- truth – there is no federal summons because there is no federal case because Andy and Steve never filed in federal court.
- truth – Actually Andy Esquivel is the one running from court summons’. Several state entities and plaintiffs have been trying to serve him with papers for years without success. He remains in hiding.
- truth – thew reason Andy cannot sue anybody is because if he ever appeared in court, he would be arrested on several outstanding warrants and served with court papers while in custody.
- Lie: Andy Esquivel owns two nightclubs
- truth – Andy used to own part of a sushi shop and once suckered the owners of a now bankrupt club in Park City into signing over 10% of their club in exchange for a percentage in “Xtagged”, but that’s it. Today, Andy couldn’t afford two golf clubs.
- Lie: I sent emails to Andy’s 14 year old son calling Andy a scam
- truth – Andy cc’d his son on a series of threatening emails sent to Ryion and I. When his son complained, Andy sent his son threatening emails and later claimed that the threats were really sent by Ryion and I impersonating him.
- Lie: Andy’s son’s school decided not to allow kids to use Xtagged.com when they saw blogs posted by Ryion Butcher claiming it was a scam
- truth – Andy showed up at his son’s school one day and started handing out Xtagged.com stickers to the children attending there. The principal caught Andy and demanded that he leave school grounds immediately! He also told Andy that if he ever showed up on school grounds again, the school would notify the police.
- Lie: Ryion and I are impersonating various officials, including lawyers and police officers who are trying to contact Andy
- truth – all the officials trying to reach Andy to discuss his various criminal activities are real (as Andy has since found out the hard way)
- Lie: Andy Esquivel was willing to buy PartyUtah.com for $150,000 but I asked Steve Klemark to buy the website for that amount instead of buying Xtagged for millions.
- truth – Andy Esquivel called me out of the blue in late 2009 and asked if I’d be willing to sell PartyUtah.com and for how much. I replied “…sure, for $150,000,” which was $100k more than I thought the site was worth at the time and $150k more than I knew Andy had. Ever since then, Andy has perpetuated the myth that PartyUtah.com is for sale and that I’m asking him, Steve, or some other mythical creature for $150k. The fact is, PartyUtah.com isn’t for sale…period! If it was for sale, Andy Esquivel is the last person on Earth I’d consider selling the site to at any price. Steve Klemark did tell me in early 2010 that he thought Xtagged.com was worth $1,000 because he saw it on Google (at which point I told him he was an idiot and that the site wasn’t worth fifty bucks), but that’s the extent of our conversation.
- Lie: Andy Esquivel has a private investigator named Zed
- truth – there is no private investigator named Zed
- Lie: Stephen R. Klemark hired a private investigator named Zed
- truth – there is no private investigator named Zed
- Lie: a company that was about to buy Andy out hired a private investigator named Zed
- truth – there is no private investigator named Zed
- Lie: Zed is working on a huge expose on me that will be in all the papers using information he got from an ex-girlfriend of mine
- truth – there is no Zed, if there is then he isn’t a private investigator, and the only information he has on me is the garbage he got by talking to my mentally incompetent mother
- Note: Andy subsequently admitted via email that “Zed” was a fictional character created by Steve Klemark to prove some sort of point.
- Lie: Andy Esquivel’s private investigator’s real name is Zeb, not Zed
- truth – Andy Esquivel mis-spelled the name of his fictitious private investigator in an email to me and has since pretended I got the name wrong to cover his ass
- Update: Andy later admitted that ‘Zed’ was fake.
- Andy Esquivel’s various websites have ton of traffic…they’re in fact visited by tens of thousands of people per month.
- Andy is unfortunately a technology illiterate and is unaware that a “request” is meaningless in web analytics. When he see a report that reads “48,000 requests,” he thinks that means 48,000 ‘people’ visited his website. In fact, one load of Andy’s WiserTechnology.com homepage includes 52 unique server requests for different page elements. His true traffic is probably closer to 1,000 page views per month, a significant proportion of which are undoubtedly generated by search engine spiders and bots.
- Andy Esquivel is being followed by a legitimate documentary film-maker who will chronicle his story
- Truth: Andy is being followed around by a convicted felon names Ronald Dean Kelsay who’s criminal record includes the following charges (case numbers and dates provided for reference):
- 1990F73 – 01/12/1990 – Theft
Theft Twice Or More W In 6 Mons
1st Degree Crim Tres
Conspiracy - 1990CR147 – 02/07/1990 – Theft
Theft 2x Or More Win 6mo
1st Deg Criminal Trespass
Conspiracy - 2003M3974 – 11/12/2003 – Criminal Mischief
Criminal Mischief-under $100 - 2004T1214 – 02/26/2004 – DUI
- 2005CR1585 – 09/12/2005 – Criminal Mischief
Criminal Mischief-$500-$15,000
Criminal Mischief-$500-$15,000
Criminal Mischief-$100-$500 - 2006CR1040 – 07/17/2006 – Burglary
Burglary 2-of Dwelling (2)
Harassment-strike/shove/kick
Menacing Felony
Trespass 1-dwelling
Criminal Mischief-$100-$500
- 1990F73 – 01/12/1990 – Theft
- Truth: Andy is being followed around by a convicted felon names Ronald Dean Kelsay who’s criminal record includes the following charges (case numbers and dates provided for reference):
- Lie: Andy Esquivel is a genius and a good person. He is “Rich of life and Family.”
- truth – Andy Esquivel is not a good person. He is a sociopathic, pathological lying con-artist with a criminal record and multiple fraud charges pending against him. He has conned dozens of investors out of tens of thousands of dollars and preys on the ignorant and feeble minded.
- truth – Andy Esquivel is not a genius. He is an uneducated idiot with a vivid imagination and the ‘gift of gab’ (when he’s not strung-out on methamphetamines). He suffers from multiple delusions, including that he is a gifted inventor, wealthy philanthropist, and a wealthy businessman who is perpetually under attack from evil antagonists of every shape who want nothing more than to stop him from saving the world.
- truth – Andy is not rich of family. He has five children by three different women, all of whom were under-aged minors when he got them pregnant (qualifying him for statutory rape charges). He has over the years been the subject of several domestic violence investigations including an arrest in Provo, Utah (court record #162999), and the 2003 incident which led to his arrest on federal weapons charges (see link below).
- truth – Andy is not rich of life. He hasn’t had a legitimate job in years and his criminal record includes felony conviction for burglary from 1988 (Burglary case file #1 and case file #2). He currently lives in hiding with his mother in Lakewood Colorado along with his undocumented worked girlfriend who he got pregnant when she was 17 and their two children. He survives on charity and the proceeds from his various scams. Any has never paid child support for his 1st and 2nd children (for which he now owes $19,540, computed based on minimum wage because Andy has never worked). Andy’s third child (by a 17 year old girl who’s parents almost pressed rape charges against Andy) was named Jayden and was adopted by his foster parents after Andy voluntarily gave up his parental rights to the child.
- Here’s a link to the story about the adoption of Andy’s third child:
Andy ordered to pay victims back
Posted on October 7, 2014 in Trial Updates Uncategorized
This is a remote post from the airport so will be brief:
Andy was sentenced today. 90 days in jail with credit for the 200+ days served so far. Andy was ordered to pay $500 in legal fees, $800 fine, and was ordered to pay $13,000 in restitution to his victims!
Andy was sentenced to 36 months probation, during which time he cannot use alcohol or drugs, must submit to random drug and alcohol testing, cannot enter establishments where alcohol is sold (clubs and bars), and must get and keep a job! He must also refrain from all criminal activity.
Andy immediately posted this video claiming that he only took the plea deal to keep Ryion, Kyle and Chris from making billions of dollars by suing Bump.cpm – whatever. Here’s a guy who couldn’t even afford a private defense attorney…how the hell is he supposed to be able to pay someone to help him sue a well funded startup?
Andy Esquivel pleads GUILTY to Felony Securities Fraud!!!
Posted on September 2, 2014 in Trial Updates
Andy Esquivel has plead Guilty to two felony counts of securities fraud! No matter what he says from here out about the “conspiracy” against him, the fact is he’s a criminal, a serial felon, and a crook.
[Andy Esquivel Plea Agreement]
The plea followed over six months in custody including a stint at the Utah State Mental Hospital where after treatment Andy was found competent to stand trial for his crimes. As part of Andy’s plea deal, a single 2nd degree felony count of securities fraud was dropped. Andy remains free on $10,000 bond pending his sentencing on October 7th.
Andy celebrated his release from jail by posting on Diigo and bashing those who have helped see him charged with his crimes. He’s tried to hitch his wagon to Mark Shurtleff and John Swallow by implying that somehow the conspiracy against him is related to their recent indictment. The reality of course is that Andy’s case is in no way related to anything but his own criminal activity and that there is no ‘conspiracy’ against him, only a desire to see him pay for his crimes.
The maximum penalty for each of the two 2nd degree felonies Andy has now confessed to is 5 years in prison. Given Andy’s behavior prior to and during his trial, the victims and the authors of this blog obviously hope that Andy is sentenced to the maximum. He’s certainly proven that he has absolutely no remorse for his actions and will continue his criminal activity as soon as he is free.
I will post the audio from Andy’s competency hearing as soon as it arrives. In the meantime, stay tuned for more psychotic rants from this pathological lying sociopath and the brainless minions who worship him.
Competency Hearing for Andy Esquivel today
Posted on August 12, 2014 in Trial Updates
Today Andy Esquivel is appearing before Judge Connors for a review of his mental evaluation at the State Mental Hospital. The results of the evaluation (which are confidential) were transmitted to the court yesterday. There are two possible outcomes: either Andy will be found “crazy” and sentenced to more time in a state mental institution or he will be found ‘competent to stand trial’ and the felony securities fraud trial will commence.
Andy’s girlfriend posted on Wiser Technology recently that the evaluation cleared Andy for trial, so that’s most likely the case. The real question is whether or not Andy will be released after spending most of this year in either prison or a padded cell. Above is an illustration drawn by one of Andy’s fellow inmates depicting Andy ranting to other inmates while guards look on. We can assume that this image is an accurate depiction as it comes from the inside and was drawn by a skilled caricature artist (who just happens to be in custody). The sketch also matches images of the prison which can be found online.
I’ll post as soon as we know the outcome of today’s hearing for sure and after that I’ll be sure to also post audio of the hearing for everybody to enjoy. In the meantime, stay tuned.
UPDATE: Andy is still in the custody of the Utah State Mental Hospital. He was not transferred to court today, although the court did receive his competency evaluation. In that evaluation (the details of which are confidential) Andy was found competent to stand trial. The hearing was continued until August 19th (next week) at which time the judge will determine whether to release Andy or to hold him in Davis County Jail pending trial. Andy will remain in the custody of the State Mental Hospital until that hearing.
More letters from Jail…
Posted on May 15, 2014 in Andy's Threats Ron Kelsay Trial Updates Wiser Technology
Andy Esquivel has been keeping himself busy writing letters from jail. He’s now been moved to a mental hospital, but it’s still interesting to see how Andy kept himself busy. Below is a link to several of these letters – including one from his “spouse” (girlfriend actually) and one complaining about his newest public defender. The letters are hard to read, but still fun.
Incidentally, I’m curious what Andy’s personal biographer Ron Kelsay is thinking right now. I’d give $50 bucks to see the look on his face when he reads these letters from jail and realizes that his documentary is never going to sell any tickets. I wonder what Allen Brady is thinking now that his dream of moving into a $2 Million dollar house with the proceeds from some lawsuit over Xtagged evaporate. I wonder what Steve Klemark is thinking now that he realizes he drove his wife to the brink by chasing a drug addicted con-man around for years. I wonder what Shar Jenkins is thinking right now, realizing that his dream of opening a night-club in Park City have vanished. Guys, you’re welcome to post your thoughts – we’re all dying to hear form you!
Update: I spent a lot of time trying to understand these letters and after way too much time immersed in Andy’s gibberish I realized that int he second (or third) letter, Andy is actually trying to convince the judge to recuse himself from this case and grant Andy a change of venue with a new judge. If that’s not a sign of pure desperation, then I don’t know what is.
Andy Esquivel moved to mental hospital
Posted on May 10, 2014 in Trial Updates
Andy Esquivel has been moved from Davis County Jail to a mental hospital. He will be treated for his delusions and psychosis, then re-evaluated for sanity in August. If at that time he still thinks he’s a genius inventor who’s the target of a conspiracy to cost him millions of dollars and take his company away, then he’ll continue the psychiatric treatments until he’s cured.
In the meantime, someone should commit Allen Brady, Shar Jenkions and Steve Klemark, since they obviously suffer form the same delusions.
Andy Esquivel still lobbying to get sent to Mental Institution
Posted on April 17, 2014 in Trial Updates
Our friend Andy Esquivel is currently wasting away in Davis County jail waiting to be sent to a padded cell at the Utah State Mental Hospital. He’s apparently not enjoying his stay very much because he’s lobbying through his girlfriend to be moved sooner rather than later. It sounds as if Andy thinks he’ll get better treatment in the mental hospital than he is currently receiving in jail. Here are the court notes on the most recent exchange:
04-16-14 Note: Clerk received a call from DEF’s spouse and family member
asking why DEF was not transported to the Utah State
Hospital yet. Clerk informed them that the prosecutor’s
office was advised by the jail that DEF is on the waiting
list, but he is #20 on the list. Therefore, has not been transported to the State
Hospital yet.
Poor Andy. It apparently still isn’t sinking in that he’s criminally insane and that society has no further use for him. Maybe he thinks he can con a psychiatrist into letting him go home early. Whatever is going on inside that warped brain of his, I’m glad it’s happening in jail instead of out on the street.
More letters from jail…
Posted on April 10, 2014 in Trial Updates
Andy keeps writing letters from jail. Here are the latest two. They’re pretty sad and pathetic, but also kind-of funny. In these latest letters Andy pulls out all the stops to convince the judge to let him out. “Mental institution, misdemeanors, anything but jail you honor!”
He even tells the judge that he’s got him on YouTube and and that the North Salt Lake Chief of Police is his father-in-law (which is a lie because Anyd’s never been married). Pretty sad the lengths to which a con-man will go to get out of a bad situation.
A Letter from a Davis County Jail
Posted on April 8, 2014 in Andy Esquivel's Scams Trial Updates Uncategorized Wiser Technology Xtagged
You guys will think this is funny: here’s a copy of a letter which Andy Esquivel wrote while in jail in Davis County. In this letter, Andy complains about both the prosecutor and his newest public defender. He also compares himself to Martin Luther King and brags that he marched around the jail yard all day on Martin Luther King’s birthday.
Here’s a copy of the letter [PDF].
It’s pretty sad and pathetic. I’d write more about it, but I’m really busy this week.
Andy Esquivel’s commitment order released
Posted on March 5, 2014 in Trial Updates
We just got the official commitment order [PDF] for Andy Esquivel. It’s pretty hilarious – basically says everything we’ve been saying on this website for years: Andy is delusional, doesn’t understand the charges against him, can’t comprehend the consequences if he is convicted, can’t assist the prosecution or make an intelligent decision about his defense, suffers from serious mental illness, etc.
If you read between the lines you also realize that what it’s saying is that Allen Brady hasn’t done Andy any favors by trying to act as his surrogate legal counsel. If Allen had a brain himself (and was trying to help Andy) he would have encouraged Andy to plead guilty years ago, to get a job, pay child support, and to pay his victims back the money he stole.
ANDY ESQUIVEL SPEAKS FROM JAIL!!!
Posted on March 3, 2014 in Andy Esquivel's Scams Andy's Threats Andy's Videos Buzz/Wiser Karma Cause Trial Updates Wiser Car Cover Wiser E-Cigarettes Wiser Eyes Wiser Helmet Wiser No Phone Zone Wiser Technology Xooplay Xtagged
Just when you guys thought Andy would never post on YouTube again (because he’s in JAIL), Andy defies the odds and manages to get a video posted anyway. Boy, this guy REALLY doesn’t know when to shut up!
[VIDEO]
In this latest video, Andy convinces his girlfriend (he’s now using me as the excuse why he never married her in spite of the fact they have three kids together) to put him on speaker so she can record him from jail and post online. It sounds like he’s calling from the common yard at the Davis County jail because there’s lots of commotion around him.
Andy explains that he’s in jail of his own free will. That he asked to be sent to Jail on January 7th because ‘the prosecution has postponed his trial six times’…which makes perfect sense, right? Andy tries to put his own spin on his February 11th hearing claiming that he’s being committed to a state mental hospital because the Judge wants to prove he is sane, not for restoration of sanity because he is insane as is actually the case. He rambles on and on about the conspiracy against him, his million dollar lawsuits, all his inventions – basically all the delusions that are the reason he’s being held for restoration right now in the first place. He demonstrates in the space of five minutes that indeed the psychiatrists are absolutely correct – he is not mentally competent to stand trial and he is badly in need of psychiatric help.
Half-way through the video, Andy is interrupted by an inmate named “Boss” who tries to explain that in fact the fight he was just part of was not his fault and was nothing for his wife to worry about. The guy Andy got into a fight with should never have been let out of isolation because, like Andy, the inmate he fought with was is mentally disturbed. Andy also brags that he’s lost a lot of weight in jail (I guess he’s sensitive about his weight) and that jail isn’t so bad after all.
I never thought I’d live to see the day when Andy Esquivel is posting psychotic rants from behind bars, but here it is. He has no idea why he’s there, no idea what he needs to do to be released, and shows no signs that his delusions have abated. Between us, I think Andy is going to be incarcerated for a very long time, because he’s never going to admit that he’s a delusional mess and needs help. The more he resists treatment, the longer he’s going to remain in state custody and I personally believe that’s a good thing.
I wonder what Allen Brady, Steve Klemark, Shar Jenkins, and Ron Kelsay are thinking right now? “…Boy, were we stupid!”
Andy Esquivel committed to state mental hospital
Posted on February 25, 2014 in Andy Esquivel's Scams Andy's Threats Andy's Videos Ron Kelsay Trial Updates Wiser Technology Xtagged
At long last we’ve received the audio transcript [AUDIO]of the February 11th hearing in which Andy Esquivel was ordered “held for restoration” (of sanity) at the Utah State Mental Hospital. At this hearing Alan Brady also received a stern warning against continuing to pretend to be Andy Esquivel’s attorney.
It was an eventful hearing to say the least!
First of all, Andy’s public defender was not present at the hearing. He’s still very much in charge of the case, but it’s curious that he was not able to attend. Has Andy pissed off another public defender? Telling is the fact that before the end of this audio transcript we hear Andy meekly declare to the judge “…he lied last time, I don’t trust him” as the Judge continued to explain that all motions need to be filed through his attorney and could not be submitted willy-nilly to the court.
Which brings us to Alan Brady: As you all know, Alan Brady has been acting as Andy’s pseudo-attorney for years now, helping him draft legal-looking court documents and such to perpetuate Andy’s various schemes. Alan’s latest foray into make-believe legal work has been to draft a motion for dismissal on Andy’s behalf and to file it with the court. Alan apparently told the attorney assisting Andy in court on the 11th about thee motions he’d been drafting and filing and got spanked! We don’t obviously have a recording of the conversation, but the attorney mentioned several times in the audio transcript before the Judge that she told Alan in no uncertain terms that drafting legal documents and pretending to be an attorney (as he’s been doing for years now) is illegal. She states that she told Alan flatly (and reminded him indirectly several times in court) that Andy can draft motions if he wants to, but if Alan continued to do so, he could be charged.
It was actually telling how much time the court spent on this subject and I think everybody in that room knew Alan Brady was walking on very thin ice.
The state submitted a motion to have Andy held for restoration (of sanity) which the court accepted. Andy through his stand-in attorney saying that he’s been in jail for a long time and that he wanted his ‘bail’ reduced so that he could attend to some medical issues. The court (and his representation) explained that bail wasn’t an issue since he was being held for restoration and is basically going to be incarcerated until his various delusions are cured (you know, the ones where he’s a genius inventor who’s being persecuted by a shadowy conspiracy to cost the world millions and billions of dollars). In other words, either Andy admits that he’s a con-artist, that all his ‘inventions’ are fake, that Wiser Technology and Xtagged were basically scams and that he’s been lying all this time in order to screw people out of money, or he stays in the state mental hospital until the state gets bored and decides to drop the charges against him.
Once it started to sink in for Andy that he was likely to remain in state custody for a very long time, he he suddenly had a change of heart about those “misdemeanors and no jail time” that he’s been complaining that his attorneys tried to trick him into taking ages ago. “I’ll take the misdemeanors and no jail time then,” he said desperately to the end of the transcript, but as the court explained – it’s too late.
One thing Andy tried to do made at least some sense – he tried to file a motion (or rather Alan Brady tried to file a motion on Andy’s behalf) to strike the jury trial and switch to a bench trial where the Judge has more latitude to act. Unfortunately, Alan isn’t an attorney and the court made it clear to Andy that no such motion would be considered unless it came directly from his public defender. Ironically, Alan (and Andy) got the idea to strike the jury trial form this website. Your welcome for the free legal advice fellas. 😉
Andy Esquivel Sentenced to State Mental Hospital
Posted on February 17, 2014 in Andy Esquivel's Scams Andy's Threats Andy's Videos Ron Kelsay Trial Updates
Andy Esquivel has been sentenced to a state mental institution until he is determined to be mentally competent to stand trial for three felony counts of securities fraud. He remains in custody at Davis County Jail and a competency evaluation has been set for August at which time Judge Connors will determine when the trial can proceed.
We’ve known for some time that Andy Esquivel was crazy and we’ve been saying as much here on this blog and on it’s predecessor websites for years. Only a lunatic could seriously claim to have invented such outlandish creations as an alcoholic energy drink that’s supposedly endorsed by Mothers Against Drunk Driving, or an inflatable car cover that deflates your tires to spare your paint, or radioactive fingernail polish actuated tabled that uses blue-tooth to broadcast your complete medical history to everyone around you in a bar.
Once Andy has received the medication (and detoxification) he requires, the hope is that he will be able to accept responsibility for what he has done and the trial can move forward. If Andy is lucky his public defender will then be able to convince him top plead guilty to the charges against him so that he can serve his time and move on with his life.
Eventually Andy might even be able to become a fully functioning, gainfully employed member of society – one who pays taxes, child support, and lives by the fruits of his own labor instead of the ill-gotten gains from his various scams. One can only hope.
In the meantime at least, Andy Esquivel remains off the streets and more importantly off the Internet. He is no longer a danger to himself or to others. If we are lucky, then his equally delusional followers will learn a lesson from this long drama – in the end you can’t con your way into wealth. You have to add as much value to this world as you expect to take out of it.
Hear that Alan Brady, Shar Jenkins, Steve Klemark and John Steer? Get lives, get jobs, and stop chasing the quick buck. Oh yea, and leave those drugs alone!
Competency hearing set for August 12, 2014
Posted on February 13, 2014 in Trial Updates
As Andy has been found mentally incompetent to stand trial due to his obvious insanity, a hearing has been scheduled for August 12th to determine whether by that time he will be sane enough for the trial to continue.
More details to come – we’re waiting for the audio transcript of the February 11th pre-trial to understand the full details. Andy remains incarcerated in Davis County jail until further notice.
Case update available here: [PDF]
Experts find Andy Esquivel mentally incompetent
Posted on February 11, 2014 in Andy Esquivel's Scams Andy's Threats Andy's Videos Trial Updates Xtagged
On January 7th a visibly agitated Andy Esquivel walked into court and faced Judge Connors after the first of two psychiatrists found him mentally incompetent to stand trial. According to the audio transcript which we acquired from the court, the first psychiatrist found that Andy suffers from delusions and is bi-polar. Andy’s defense attorney stated that a second mental evaluation will more than likely find the same, so the trial needs to be postponed until Andy can receive the medication (and possibly hospitalization) he needs.
The prosecutor protested the fact that Andy can’t seem to get himself together enough to meet with the second psychiatrist pointing out that Andy’s obstructive behavior has caused this case to drag on for a seeming eternity. He pointed out that the first pre-trial was more than two years ago and that Andy’s behavior has been going on for more than five years now. The prosecutor requested that the court incarcerate Andy to keep him from continuing to be a hindrance to the case.
Judge Connors agreed with the prosecutor, but before sending Andy off to jail allowed Andy one more chance to explain himself. Andy took the opportunity to launch into a lunatic rant in which he claimed he was not insane, that eh would not take misdemeanors, that he’s been called a liar in front of the whole world (as if anybody other than his victims and Alan Brady are actually paying attention to this trial), that he has some assorted motions that he swears he filed, blah, blah, blah… none of this impressed the judge at all, and when Andy said “I’ll go to jail right now to prove (something)”, Judge Connors only replied “Well, I’ll give you that opportunity in a minute.” While being hauled off to jail, ANdy continued ranting “I want protective custody! I’ve been threatened in this jail! Blah, blah, blah…” I was half expecting him to spout out that he was Napoleon or something.
Today was Andy’s pre-trial to discuss the results of the second mental evaluation in jail. Andy remains in custody, so I doubt the results were helpful to Andy’s case. As always, I’ll keep you all posted on what happens.
An audio transcript of the January 7th hearing can be found here: [AUDIO]