The three victims that wee the inspiration for this blog have all been paid back in full. I’ve confirmed that they all received their restitution checks in April.
Andy Esquivel is apparently working and has filed a petition to have his charges reduced (see link below).
It is not likely that Judge Connors will grant this request baed on Andy’s reasoning though. Andy states in his official request letter that “…your courtroom is corrupt by racist attorneys & prosecutors I have chronicled everything at WiserTechnology My private $500 an hour lawyer Holje said ‘Don’t f**k with the brotherhood’ Allen Brady has recordings of Holje, Albright, Arrington, etc…”
Allen Brady is basically homeless. He’s been squatting on homes in Arizona and defrauding the owners while he moves form place to place. I’ll post details later when I have time. It’s almost as sordid a story as Xtagged.
The state of Utah has intercepted Andy Esquivel’s 2018 tax refund on February 27th and used the cash to pay off the victims of his Xtagged scam. Because of this blog, Andy’s victims have been repaid in full with interest!
Thanks Andy, on behalf of Ryion, Kyle and Chris. This website will remain in perpetuity as a monument to your fraud and to the stupidity of your accomplices.
Andy just posted the details of another one of his silly inventions on his Facebook page. Here are the details, un-edited. Note: this ridiculous idea came to Andy while he was locked away in a state mental institution.
Sean D. Reyes I will replace this picture with video of me opening poor mans patented sealed envelope I sent myself of pill bottle invention @ Utah State Hospital May 30, 2014 but you must hear the story behind the invention first. When corrupt Davis county public defenders & prosecutors held me in jail for 119 days before sending me to corrupt Utah State Hospital director MIke Cox. I knew of another Davis county inmate that was ordered to U.S.H the same day as me but they transported him within a week not 119 days and you know what happens at 120 days, I get the right to ask Judge “what’s up” & I did write Judge Connors a letter @ 114 days I do have copies of all the letters I wrote Judge Connors because I had inmates make human copies that I sent to Judge Connors from within the jail & I kept all the originals and sent them all out with inmates (Vince Rosana Hernandez etc.) that got released & Allen Brady would give them a ride home as a thank you. So when I finally got transported to U.S.H I was screened by Dr. Z, I can’t put full names at this time Dr. Z gave me test and I easily passed so she gave me another, I PASSED! Dr. Z then looked at Mike Cox and said what’s going on why is Mr. Andres Esquivel here, Mike said try ******* test and she did so, I PASSED! Dr. Z then starts to argue with Mike Cox and I was told to go back to my room. I was telling everyone that worked @ U.S.H “I am innocent I have been on the news for my inventions you all can see news videos @ WiserTechnology.com” and they were pulling out smartphones instantly except for Mike Cox of course & to make a long story short Dr. Z proved to me I could trust her & at 60 of the 90 days evaluation Dr. Z was replaced by Dr. Vitco but Dr. Z had given me a treat & told me if they try to give me meds say no and ask to see the USH board, you can get board minutes & I was put in the same room as ******** the man whom I invented pill bottle with May 30, 2014 I found him immediately upon my arrival to USH and I asked him if there were no beds available because that’s what MIke Cox was telling Sindy Manzano, Jobita Berriel, Allen Brady every time they called USH & asked why I was still in jail and ******** laughed and said that was a lie by MIke Cox. Beds were available the whole time but the sad thing is ******* should not have had a bed himself and I will tell you why, ******** would never give me his last name he would say can’t it’s against the USH rules & he was right I asked the desk workers and they said only first names with patients. ******* had job in cafeteria & got an extra hour outside to play with his baton & a lot of extras that don’t need to be mentioned at this time & when I asked him about it he said Mike Cox hooked it up for his dad a speaker at BYU and I knew I needed to find out why. So I decided to prove WiserTechnology.com saying “Desperation breeds creativity” and ******** asked, “What is that DBC?” BINGO! I told ******* it’s the mother of invention, wanna try and he said YES! So I asked him why he went to jail and ended up at USH, ******* then preceded to tell me his case step by step “I took 12 ambien pills & I stabbed my friend with a seven inch knife” I was like wow let’s invent something so that this does not happen to anyone else & the first thing that entered my mind was a PEZ dispenser. I remembered that my grandma Ofelia Esquivel would get mad at us as kids for eating all the PEZ candy within minutes of her giving us PEZ dispenser haha and I told ******** think of a PEZ dispenser that locks with your smartphone app so your kids can only access one when you unlock or say its time to enjoy a candy one at a time or two if you approve but on an adult level and his eyes went BOOM a pill bottle like that would make millions and I told him I will share this invention with you but we must draw up idea, make contract and sign our full names so we can make poor mans patent and self mail from hospital. Please note zip code of USH and the zip code stamped on envelope I will explain what MIke Cox was doing on Facebook live 10.31.2018. After we received letter back from MIke Cox ******** trusted me and told me his dad made arrangement with MIke Cox to keep him in USH as long as possible because he knew ******* was going to be sentenced to seven years in prison & USH time is time served so ******* could avoid going to prison. (More to come, I have phone call)
At a court hearing on September 4th, Andy Esquivel admitted to all allegations enumerated in the order to show cause submitted by the prosecutor at his last hearing. Andy of course gave the court some bullshit sob story about having vertigo, suffering from “panic attacks” and not being able to work full time, but the court wasn’t having it. Judge Connors gave Andy a direct order to produce a financial affidavit and a plan to pay off restitution five (5) months ago. He did not comply. The prosecution asked for 30 days in jail to “get [Andy’s] attention” and to revoke and restart probation. The prosecutor made it plain that Andy “has not made restitution payments a priority in his life”.
The fact is, Andy stole a lot of money – $20,000 from these victims alone! No sob story is going to change the fact that he has taken money illegally and needs to pay it back to stay out of jail.
Judge Connors told Andy point-blank that he will send him to jail for failing to comply with a court order to produce a financial affidavit and a plan alone! A sentencing hearing has been scheduled for September 18th at 9:15am. At that time, Andy needs to produce a plan to pay back restitution in full or he will be going to jail…period!
Courtroom audio attached to this post for your enjoyment. It’s pretty pathetic. How sad must it feel to be a broke, barely employed, convicted felon with no skills, no education, four kids living with you and three more who won’t speak to you, a persistent substance abuse problem, more bills to pay than you can afford, and nothing to look forward to in your life except more heat from the courts. Poor Andy’s life sucks so badly that he is forced to live in a constant state of mental delusion, pretending that the FBI and Attorney General give a damn about his life. …poor dumb schmuck!
Here’s the latest violation report fro Andy Esquivel. Once again, not paying his restitution. Court review coming up real soon. Bad timing.
This site is now sitting on an 8-core 3.8Ghz dedicated server with 16GB of ram, a 500GB primary SSD and a 1-terabyte secondary drive. For comparison, note that PartyUtah.com (when I owned it) was hosted on a dual-core 2.4ghz dedicated server with twin 250GB drives and 8GB of ram. Needless to say, the new server is MUCH more powerful!
Well, it’s official: Judge Connors today signed an order putting Andy on notice that his court probation is being revoked. The order to show cause states flatly that Andy has not complied with the terms of his probation, has not paid required restitution, has not complied with lawful court orders to provide financial disclosures and a plan to pay victims back, has shown nothing but contempt for the court and it’s officers, and now has 90 days to “show cause” why his probation should not be revoked.
If Andy cannot explain to the court why his probation should not be revoked by September 4th, 2018 at 8:30am, then the original sentence will be imposed on Andy and he will be facing up to five (5) years in prison for the two felony counts of securities fraud that he plead guilty to. No “misdemeanors”, no “payment plans”, no deals…period!
The court gave Andy a lot of rope. They put him on probation with AP&P, but he screwed that up by antagonizing probation officer after probation officer until Roman Hentish finally called him out on his crap. The court then agreed to court supervised probation, but Andy couldn’t handle that either. Now, it’s finally over.
Andy and his minions remain in denial. witness this recent post by one of Andy’s Facebook friends…
It is obvious from posts like this one that the delusions continue. Of course none of Andy’s cronies shows up for court onJune 5th, and even if they had, demanding that I be “called to court” would have done nothing to save Andy.
It is very likely that Andy Esquivel will eventually g to jail for his crimes. If he’d simply cooperated form the start, he’d already be released and he could g on with his life…but he didn’t. Andy still insists that he “didn’t sell no securities”, even though his court pleading clearly states that he did. The mental illness couldn’t be more clear.
And so we’re coming to the end of this saga. It’s been fun to write about, but I’m glad it’s almost over.
Yesterday the courts released the latest courtroom audio for the probation review hearings of Andy Esquivel. To put it mildly, the court is starting to lose patience with this pathological lying sociopath. Here’s the latest case update [PDF] and here’s the audio from the April 4th hearing [MP3]
In a nutshell, Andy hasn’t been making his payments. He claims that he stopped making payments because he was forced to pay $1,000 per month in child support, but that’s a lie. He was making $500/mo. child support payments, but that stopped in January.
Andy’s attorney tried to plead for leniency, but that was doomed from the start because unfortunately for Andy, the prosecutor brought a screen shot of a Facebook post Andy made after the last hearing in which Judge Connors cut Andy a little slack and it was damning to say the least.
After the prosecutor read this ridiculous post, in which Andy threatens to open up a can of whup-ass on the prosecution and brags about taking the court for a ride with a made-up story about his daughter needing emergency surgery, the prosecutor asked the judge to order that Andy hand over complete financials, tax records, and a written plan as to how he intends to pay his victims back.
Andy tried to explain his way out of this hole, but it was too late. Judge Connors had finally had enough! The Judge ordered Andy to comply with the request of the prosecution and to do so by June 5th, 2018 or else. At the end of the audio you can hear Andy gulp audibly as he realized his probation was about to be terminated, his plea deal invalidated, and that the full weight of his crimes will soon be on his shoulders to bare alone.
Time is up for Andy. On June 5th, he needs to start getting serious. The court has played games with this con-artist for seven years and they’ve finally decided not to play anymore.
Andy is now in violation of his probation…again. In September, the court gave Andy a two-month reduction in his restitution payments from $500 to $250 per month. He paid in September to avoid going to jail right away and promised to pay $250 in October, then to go back to $500 in November. The court agreed to give Andy a temporary reduction because Andy claimed his daughter had a “orthodontic emergency”.
Bottom line, Andy skipped the reduced October payment and is not late on the November payment as well. That’s a bad thing. According to the violation report, Andy has until October 4th to come current or he will be forced to appear again before Judge Connors and explain why. Note: “explain why” will be an especially difficult task this time because (a) the judge displayed incredible leniency in granting Andy a two month reprieve in the first place and (b) Judge Connors said very clearly in the last hearing that Andy needs to accelerate his payments and/or come up with a way to pay the full restitution in bulk soon or else. Andy walking into court and claiming that he needs even more time and more leniency to pay his obligations isn’t going to go over very well.
I’ll post again after October 4th when the court decide what to do next. It’ll probably start with a warrant for his arrest.
UPDATE: Andy called the court on December 4th (just in the nick of time) and explained that ORS is now garnishing 50% of his wages and so he can’t make payments anymore. Andy was told to contact Judge Connors if he’s seeking a different order to pay (not likely to be approved) and to contact his attorney to prepare for his next court date.
Andy’s attorney explained that Andy will likely now be referred to the Office of State Debt Collection while Judge Connors decides what else to do with him. The likeliest outcome here is that Andy will spend some time in jail (I’m thinking 3-6 months) for violating the conditions of his probation (again) and then OSDC will garnish the remainder of Andy’s meager salary (if he still has a job when he gets out of jail) to satisfy his obligations under case 111701135.
In the meantime, Andy STILL has not contacted the Utah Department of Securities (the “SEC” as Andy calls them) to make arrangements to pay the $16,250 he owes them for his securities fraud. It seems the steaming pile is growing on top of Andy every minute. If both debts go to OSDC before Andy works out a payment arrangement that he can adhere to, it will likely mean even more garnishments and more fees and Andy won’t see half his paychecks again until he’s 50!
UPDATE: Another violation letter was mailed to Andy Esquivel and Judge Connors has been notified of his most recent violation status. Andy is no longer making child support payments, but has not yet resumed his restitution payments. This will all likely come to a head at his next review hearing.
This is an update for those who are still following the case. You’ve already heard the audio file form the last hearing in which Andy lied to the Judge about his daughter having a medical orthodontic emergency and got a two month reduction in his payments to $250 but here’s the official court minutes file:
You’ll also note we’re tracking all of Andy’s account balances in the upper left hand corner now. Andy has been making his court ordered reparations payments regularly and has even started paying back child support. His total balance is about to drop below $45,000.
We expect Andy to be out of trouble with the courts financially by around mid 2020. At that point, only the $16,250 he owes theUtah Department of Securities will remain…unless of course we as blog administrators decide to alert the SEC again so that they can continue their investigation. Because Andy’s fraud crossed state lines, this case technically falls under federal jurisdiction. Also, the $50,000 that Allen Brady helped Andy steal from his mother Georgia Brady makes this a federal crime.
…but we’ll see.
As everyone who’s been following this blog knows, years ago three scam victims of Andy Esquivel banded together and filed a complaint alleging that Andy improperly sold them shares in a scam he was running at the time called “Xtagged”. This blog was instrumental in organizing those victims and served as a central distribution point for all evidence against Andy and his accomplices.
We all know the results: Andy plead guilty to two 3rd degree felony counts of securities fraud, spent some time in jail, a little more time in a mental institution, and was eventually ordered to pay his victims back over $13,000 plus interest. The outcome of case #111701135 has been the central theme of this website for years, but there’s a little known side story that everyone (including this author) completely forgot about.
You see, BEFORE the Davis County Prosecutor’s office formally filed charges against Andy, in fact before any of this was even in the hands of the Davis County Prosecutor, it was first handed over to the Utah Department of Securities. That’s right, for those of you who don’t remember, the ORIGIN of this case, immediately after the Bountiful police department, was a state agency specifically charged with enforcing state securities and exchange law.
The Utah Department of Securities (UDS) reviewed the evidence handed over to them by the Bountiful police department very carefully and made a recommendation for prosecution to the Davis County Prosecutor’s office. Before the first hearing was ever held in case #111701135, Andy was required to appear before the Utah Department of Securities and to try to explain why he shouldn’t face disciplinary action by that agency. Andy met with the UDS and along with Allen Brady, made a complete fool of himself. Video and blog posts about that meeting can be found elsewhere on this website.
The UDS proceedings were ultimately put on “hold” pending the outcome of the criminal case against Andy. Everybody forgot about it, including me! I did make note the Utah Raves thread that was the predecessor of this website explaining that UDS would be holding a hearing immediately after the case was resolved to determine what acton (if any) should be taken against Andy, but that was the last time anybody has said or posted anything about those proceedings…until now.
Hold onto your hats and sit down!
Unfortunately for Andy, the Utah Department of Securities DID NOT FORGET ABOUT HIM!!! Just as they informed Andy back in 2011, UDS did in fact hold a hearing immediately after Andy filed his plea deal in Davis County’s 2nd District Court. That hearing was held on March 25th, 2015 @ 9:00am and Andy failed to attend.
On March 25th, UDS Enforcement officer David Hermansen filed a “recommended order on motion for default”, to which the presiding judge responded in the affirmative. On March 26th, that motion was granted and a default order was filed.
What the order states in brief is that (a) Andy Esquivel did in fact knowingly sell “securities”, (b) that those “securities” were fraudulent, and (c) Andy is responsible for the consequences of his actions. The Utah Department of Securities therefore ordered that Andy pay $16,325 in penalties! $3,250 was due immediately, while the remaining $13,000 could be reduced on a dollar-for-dollar basis by proof Andy Esquivel was instructed to provide within 30 days of reparations payments made to his victims. In other words, by April 25th, 2015 (two years and seven months ago), Andy was required to prove that he had payed something to his victims or he would be liable for the full $16,250. Andy never provided any such evidence, because at that time he had in fact not paid a dime in reparations to his victims. Thus, the full judgment currently stands.
In addition to the financial penalties against Andy, he is barred forever from selling securities in Utah or having any dealings whatsoever with licensed securities dealers. That means all the fundraising efforts Andy is currently undertaking for Smiley Heroes are illegal and will very likely get him further disciplinary action by UDS.
Before I wrote this post, I was under the impression that including child support, Andy Esquivel owed approximately $29,291.03 in various judgements and fines for his criminal activity. Now I understand that the actual amount is $45,541.03!
Andy, if you are reading this, do yourself a favor and contact the Utah Department of Securities at (801) 530-6628 immediately to make arrangements to satisfy this judgement. Reference case#SD-11-0033.
I will be updating the total owed on the homepage to reflect this new information. I’m sincerely sorry for not following up on the UDS case against Andy. I don’t know why it slipped my mind. At least we know exactly how deep of a hole Andy managed to dig himself into. At the rate he’s going, it will take him nearly eight (8) years to dig himself back out…good luck!
Andy has been reasonably good about making his monthly payments, although he’s been consistently two weeks late. He seems to be making payments with his girlfriend’s bi-weekly paychecks (there is no evidence that Andy ever got a job) so the payments have been arriving on the firs Friday of the month following Andy’s due date. Andy did make a concession to the court on Tuesday by making a partial payment of $250 after his hearing.
As I write this, Andy owes $8,368.02 in restitution and fines from his two felony fraud convictions and $20,923.50 in back child support. Both numbers are coming down steadily, which means that as Andy nears his 50th birthday he’s staring to grow up a little bit.
Keep up the good work, Andy! We’ll keep tracking your progress until you finally pay off everything you owe sometime in the year 2019.
UPDATE: Here’s Andy’s explanation of what happened Tuesday…
“I provided a signed letter from Sindy ManzanoPrez Esquivels mother to my attorney that read “I have asked my husband for $500 for my daughter Prez Esquivel for orthodontist.” Now the PROSECUTOR says and I quote “Your honor braces, that’s cosmetic come on, these guys need to get paid its been since 2011 we want $500.” My attorney got pissed and says “Your honor, Andres Esquivel is not asking to miss a month just at least meet him half way $250 this month and $250 next month.” Judge ruled in my incompetent favor… Now I know Allen Brady is going to add Sean Reyes, FBI and media so let me explain to you why this is a story. I knew it was cosmetic and my request should have got shot down. Here’s the GOD part of this great day, ITS NOT FOR braces its for a retainer for an underbite to help my daughter talk clearer when she does interviews for Smiley Heroes. She WORKS for free she deserves this but I can’t say that because prosecution won’t tell judge Connors that the incompetent man that we sent to a 90 day evaluation has been on Fox13 news again for his inventions that he created while we incarcerated him. And not just that, I really wanted to do this for my daughter’s birthday next month so thank you God for touching Judge Connors heart and keeping me from opening a can of wup ass on that prosecution team because my daughter was going to get her retainer.”
UPDATE: The courtroom audio of Andy Esquivel’s 2/28 and 9/26 court hearings are now available. See the links below:
No real surprises in the courtroom audio:
In February, Andy’s attorney admitted to the court that Andy didn’t have $13,000 to pay the reparations and fines he owes. The court therefore accepted an agreement reached with the prosecutor to allow Andy to make payments of $500 per month and to set a review hearing for September, before his probation period expired in October and Andy was sent to prison.
In September, Andy asked the court for a temporary payment reduction to $250 to pay for “emergency orthodontic surgery” for his daughter, at which the prosecutor scoffed that (duh) braces are not an emergency and the victims have been waiting since 2011 to get their money back. Judge Connors granted the temporary reprieve, but made an ominous statement to Andy in the process. In light of the fact that this case has been dragging on for over six years and that there’s still “…just over $9,000” left to pay in fines and restitution, Judge Connors told Andy in effect that his time is short. He stated flatly that “…this is an old case – we’ve got to wrap it up.” He added “…I encourage you to be out trying to find some way to to take care of this in a lump sum payment soon.”
Clearly (very clearly) the court is running out of patience with Andy Esquivel and with this case. Andy’s $500per month token payments are not going to tolerated for much longer. Andy tempted fate by pissing of this probation officer. He then baited the dragon by announcing to the court that he intended to come up with a wad of cash by last February to get this whole business taken care of once and for all. He’s been on a very short leash, but until now he hasn’t quite comprehended just how short that leash is. I warned Any on this blog that it was unwise to play games with the court…especially ‘chicken’. If Andy had never brought up the possibility of a lump-sum payment, the court might never have thought of it as a possibility. If Andy had followed the simple and reasonable direction of Probation Officer Roman Hentish, he would have had an advocate with the court who could plead his case and argue for leniency. As it stands, Andy is facing eminent prison time if he does not turn up the heat and get his act together rapidly!
It’s a shame really. Andy is finally making a serious effort to atone for his previous mistakes, but it’s too, too late, and after too many second chances for the court to want to hear it. it’s time to pay the fiddler Andy. You made your prison mattress, now you get to sleep on it.
This is getting redundant. Andy missed his March 24th $500 payment to the court. Nothing unusual here – Andy never complies with any arrangement he makes with the court. I’m wondering how long he can keep this up before he’s held in contempt. It’s just a matter of time before they file another warrant for his arrest and drag him before the judge to explain.
It must suck to be broke and unemployed.
UPDATE: Andy made the payment (late) after all. His new balance is $32,779.82 – including child support. We’ll keep tracking both.
Here we go again..
Poor Andy. One of these days he’s going to realize that he can’t string the courts along forever. Sooner or later he’s going to have to get a job and pay what he owes. it’s not that much money. You would think he would just pay the bill and be done with it. Oh well.
Andy is flat broke. He is unemployed. He lives with his mom. He’s collecting a few hundred dollars a month in unemployment (see this unemployment report which Andy filed with the court in November). He’s got judgments against him of over $37,000, including $24,000 in back child support. He’s been convicted of two felonies and has only narrowly avoided jail time. Yet in spite of all this, Andy keeps playing with fire!
In Tuesday’s hearing before Judge Connors, Andy was presented with the facts. He owes over $13,000 in restitution and fines, he was allowed to make payments of $500 per month, he failed to make those payments (because he couldn’t afford it) and now he’s $1,550 behind. The judge is giving Andy a lot of rope. He gave Andy one last chance to make arrangements with the court after Andy blew off his probation. Andy was in a pickle. He needed to explain to the Judge how he was going to catch up in order to keep from going to jail.
Promise Judge Connors that he’ll have the entire $13,203.71 (and counting) paid off within the next 45 days. Here’s a guy who crying to ORS because he can’t afford to pay $460 a month in back child support, has no verifiable employment, doesn’t own a car (and doesn’t even have a valid Utah driver’s license, so he couldn’t drive one if he did), lives off of his girlfriend, and yet he’s promising the court that he can come up with $13k in a little over a month? Not only that, he’s literally betting his freedom on it.
So on February 28th, Andy is going to walk into a 2nd District courtroom and explain to the prosecutor and the Judge why (a) he lied to them about being able to cough up a wad of cash thick enough to choke an elephant, (b) why he hasn’t been making his agreed upon payments for the last four months, and (c) why they shouldn’t violate him to jail immediately and throw the key into the Jordan river.
GOOD LUCK with that, Andy.
Here’s the courtroom audio for those who are curious.
Andy apparently thinks this can go on indefinitely. He seems to have convinced himself that if he throws out enough BS and plays dumb long enough, the court will eventually get bored and let him walk. Unfortunately for Andy, courts are patient and courts are final. He may be getting a lot of rope, but that’s not for him to escape with – it’s for him to hang himself with. At some point (after the very last bit of doubt has been erased) the courts will clamp down and Andy will feel the sting.
In the meantime, Enjoy your freedom, Andy. You have 42 days to prove you’re real (which you’re not). After that, this blog is going to get really entertaining.
UPDATE: Andy showed up with eight hundred bucks ($800). Court audio coming soon.
As everyone who has been reading this blog knows, Andy Esquivel is a deadbeat dad. He has seven (7) illegitimate children by at least three different mothers and he refuses to take financial responsability for any of them. The four he lives with are supported financially by their mother because Andy refuses to get a job. One was taken from him by the state and placed in protective custody (later adopted) and his two oldest kids have been cared for by their mother with absolutely no financial support at all from Andy.
A few years back Andy was arrested and forced to stand trial for failure to pay back child support in Colorado. Rather than pay the required fines and serve court ordered community service (too much like a job for Andy) he fled the state and now lives in Utah. Two separate cases were filed against Andy for back child support here, One in Davis County, where Andy originally settled, and another in Salt Lake County, where he fled to avoid harsh probation terms for the three felonies that are the subject of this blog.
As of this writing, Andy owes $24,184 in back child support (leniently calculated as if Andy had earned minimum wage for the first 18 years of his first two children’s lives). He has been making payments lately (no choice there since he’s collecting unemployment and the state garnishes those payments to satisfy past judgments from state agencies like ORS), but those have barely made a dent in the amount he owes. For more details, see this unemployment report which Andy filed with the court in November which shows that ORS is taking half of Andy’s unemployment.
Here are the case files for the two child support judgments against him:
Andy is somehow convinced that the child support case against him is part of a conspiracy orchestrated by this website. Nothing could be further from the truth. We didn’t have two kids out of wedlock, and we didn’t force Andy to ignore his financial obligations as a father to his two oldest children. This website in fact has nothing whatsoever to do with Andy’s child support woes, we just report them as a matter of fact. That said, here is a video link Andy recently posted of himself trying to talk his way out of his obligations:
In this video you can hear Andy trying to convince ORS that he sent them a check for $5,000. In reality, Andy never sent the check, he merely posted a picture of a check online and argued that he should get credit for the posting. Apparently, Andy doesn’t realize that posting a picture of a check and mailing it to the state agency responsible for collections are two entirely different things.
Andy also reveals in this video that he hasn’t had a valid driver’s license since 2012. No wonder he can’t find a job – it’s hard to convince an employer to hire you when you can’t even drive yourself to work.
It is a shame that Andy finds it so hard to come up with the money to satisfy all the judgements against him ($37,386.95 in total, a small fraction of the amount he’s stolen or neglected to pay), but it’s his own fault. If Andy Esquivel would simply get a job his life would be a heck of a lot easier. Unfortunately, Andy is allergic to work and refuses to obtain gainful employment anywhere. He’s full of excuses and lies, but sadly lacking in common sense.
Andy, here’s a hint for you (since I know you read this blog) – if you get a job, ORS might take a little more money, but it’ll be a much smaller percentage of your paychecks. Just go to work like everybody else. In almost no time at all, you’ll find that your victims are all paid back, the court is satisfied, and ORS might even cut you a break on your payments. Grow up and the world will work with you! Keep being a jerk, and it’ll only get harder to stay out of jail.
Those of you who have been following this blog for the last…I don’t even remember how long ago this started…anyway, Xtagged fans will wonder why I even bothered to post this because it’s so redundant. That said, another warrant has been issued for Andy Esquivel’s arrest. Ho-hum, what else is new?
The warrant was issued yesterday by Judge Connors because Andy neglected to show up for his January 10th case review hearing. Cash bail has been set at $5,000, which means Andy cannot bond out. He has to cough up $5,000 in dead Presidents or they’re going to lock him up until Judge Connors has time to ask him face-to-face why he isn’t complying with his court managed probation.
For those of you who don’t read this page often, let’s review how we got here: Andy plead guilty to two felony counts of securities fraud. He was sentenced to two five-year jail terms, which were suspended on condition that Andy comply with certain conditions of his probation. Those conditions included (a) getting a job and (b) paying fines, restitution, and interest. Andy was assigned a few probation officers, but he screwed that up by giving his PO the finger online. The court was lenient and allowed Andy to continue court-managed probation, but the terms were strict – pay $500 per month OR ELSE!!!
A hearing was set for January 10th to review Andy’s progress. Unfortunately, Andy has made no progress, so it was more than likely that Judge Connors would have greeted Andy with handcuffs and at least six months in jail. Andy could have shown up and plead poverty (after all, he’s currently collecting unemployment), but he chose to skip court altogether and take his chances. He is currently $1,550 behind on his payments to the court, which is a bad thing.
“The Defendant is not present and is $1550 past due on his financial obligations. The Court orders a $5000 cash only bench warrant for his failure to appear.”
Another review hearing has been set for January 17th, at which time Judge Connors will probably order Andy in absentia to serve a bunch of time in jail. He’s collecting unemployment checks right now, so it isn’t as if the state will have any trouble picking him up for his date behind bars.
Personally, I don’t know what Andy is thinking. This isn’t so hard – get a job, pay your child support, pay your fines, and pay your victims back. It’s only $500/mo. so I don’t understand why this is so hard. Andy’s life would be so much easier if he would just bite the bullet and get in line. Unfortunately Andy just isn’t willing to grow up.
As you can see below, Andy has responded to this post, both here and on Facebook. It’s pretty funny actually – on the one hand, Andy claims that he’s too broke to pay his fines and reparations because he doesn’t have a job, is collecting unemployment, and half his unemployment is going to pay back child support. On the other hand Andy claims to have a full time job working “graveyards” as his excuse for not showing up to court on January 10th.
Andy, you can’t have it both ways. Either you have a job or you don’t. For my money, I’m betting you’re unemployed. The fact is, you can’t collect unemployment if you are working “full time”, and you yourself admitted that you’re collecting unemployment, so…
I understand your dilemma. If you’re working, then you can afford to pay the court the money you owe. If you’re not working, you can plead poverty to the court, but you can’t afford to feed your family and you risk going to jail for a very long time. It’s a risky game you’re playing. I for one suggest you (a) get a job and (b) tell the court exactly where you are working (c) provide proof of your gainful employment and (d) start paying your fines. It’s the only way you’re going to stay out of jail.
According to court records, Andy is now in violation of the court order that he continue to pay the courts both restitution and fines (which he agreed to in order to avoid going to jail when he violated his probation for the last time) and is now on a path that will lead him back to jail.
According to the courts, Andy now owes $800 in back payments. He’s missed the last few and his last attempt to pay the court actually resulted in a bounced check! (dude, who bounces a check to the court?)
At any rate, Andy must pay his past due balance immediately or the case will be referred back to the judge (who no doubt by this time is getting tired of continuously reprimanding Andy). A warrant for Andy’s arrest will be issued, he’ll be found in violation of even his last ditch court managed probation, his drivers license will be suspended (assuming he even has a license) and even if Andy makes bail, the judge will likely send him to prison for the next few months to demonstrate to Andy that the court is serious.
Hey Andy, I know you read this so I’m going to give you a little hint – stop jacking off with your stupid smiley hero cartoons, GET A JOB, pay your fines and restitution, take Judge Connors seriously, and stop scamming people! If you do that then maybe you’ll be able to live a normal life with your five illegitimate kids and that little illegal immigrant you refuse to marry.
At any rate, it’s clear by now that Andy Esquivel will never learn. The guy is a glutton for punishment who keeps kicking the beehive thinking this time he won’t get stung. Good luck with that buddy.
Below you will find a complete list of Andy Esquivel’s hilarious scam videos…all 94 of them! I tried to sort them from most to least ridiculous, but frankly my head started spinning so I gave up. The best ones are at the top, but there are some gems towards the bottom as well. We’ll try to post full reviews of as many as we can as soon as possible.
Check the latest case log [link] for details of Andy’s status. In a nutshell, Andy’s fate is now fully in the hands of the court, since AP&P dropped him like a hot potato. His two 5-year suspended sentences are now on file and hanging over his head the minute he fails to follow the strict instructions of the court, which are to pay the $12,715 he owes in restitution and fees (plus interest) at a rate of $500 per month until the balance is zero. That’s it, pure and simple, cut and dry.
Andy seems to be making payments (for now) in spite of the fact that he has no job. He’s still making noise about this “Smiley Heroes” thing, but that doesn’t make much difference to the court. Personally I’m just glad Andy finally settled on a scam that’s so goofy and ridiculous that no sane person would give him the time of day. Some of the other scams Andy’s been pitching almost had a glimmer of plausibility (if you’re drunk) and so might have allowed Andy to steal more money from unsuspecting victims. Little cartoon characters saving the web is so stupid that all you can do is laugh, no matter how intoxicated you are.
Bottom line, Andy’s starting to pay for his mistakes. He has no choice if he wants to stay out of jail, but at least he’s starting to take responsibility for his criminal activity.
Andy paid $450 in victim restitution and then gave up. That’s not even one single full monthly payment that he agreed to, which is pretty pathetic!
Court records indicate that Andy is at least trying to make reparations payments to his victims, but only God knows where he’s getting the money. A recent employment check has revealed that Andy does not in fact work for Yakup Guntor at MBYG Home Builders as he repeatedly claims. In fact, a social security number search by ORS indicated that Andy isn’t employed ANYWHERE! Andy still owed tens of thousands of dollars in back child support and the state is eager to collect. no doubt Andy will continue to dodge the system until he receives another court order to perform community service and skips town like he did back in Colorado.
So, as usual, Andy is broke and unemployed (probably because with his record he is unemployable). Wherever Andy is getting the money to pay his victims back, it can’t be strictly legal. No matter, he has to keep paying if he wants to stay out of jail.
Good luck with that Andy.
People have been writing in asking what happened on July 12th. Sorry it took em so long to post this, but I’ve been busy with graduate school and haven’t been checking in on Andy’s case very regularly.
Most of you have noticed that Andy’s hearings have been delayed again and again. This was to give Andy time to get a few payments under his belt so that he could argue that he’s changed his behavior and doesn’t deserve to be sent to prison.
It’s worked so far. Andy made several payments in early 2016 and although he didn’t make a payment in June, he did make a $100 payment on the 12th and agreed to pay $500 per month until hes paid all his victims back in full. A review hearing has been scheduled for January 10th to make sure that Andy has in fact been making his payments and is in full compliance with the conditions of his probation.
We will see if Andy can keep this up, or if his ego derails the effort. To read the full text of his agreement, click this link to the evidentiary hearing minutes [PDF]. I’ll post a recording in a few weeks.
Andy is apparently not smart enough to realize that he’s been convicted of two felony counts of securities fraud and that he was sentenced to up to five years in state prison per count. The court was incredibly lenient on Andy and in lieu of prison, allowed him to enter a program administered by Utah Adult Probation and Parole (AP&P). The conditions of his probation were simple; pay your victims back, pay some fines, stay off drugs, get a job, and basically become a functioning member of society. All that was apparently too much for Andres ‘Andy’ Esquivel to handle, and he’s on his way back to jail.
Andy refused to keep his AP&P appointments, he failed drug tests, he blew off mandatory psychiatric and substance abuse counseling sessions, he lied about his living arrangements (which he was required to report as a condition of probation), he failed to get a job, he missed promised reparations payments and of course he antagonized his probation officer via email and online…a really dumb move!
As a consequence, on June 6th Andy’s probation officer filed a scathing violations report with the court explaining (in detail) Andy Esquivel’s pattern of non-compliant behavior. The full violations report can be found here [PDF]. The violations report was followed by a cause report in which Andy’s probation officer frankly recommended that Andy’s probation be revoked and that he be ordered to serve time in prison. That recommendation was detailed in this cause report submitted by Roman Hentish immediately after the violations report [PDF].
Judge Connors concurred with the AP&P cause report and on the same day, signed this cause order requiring Andy and/or his public defender to appear before the court and explain why his probation should not be revoked and Andy should not be sent to prison to serve his two five-year sentences [PDF].
As a condition of his probation, Andy Esquivel agreed to re-pay his fraud victims. The amount he was ordered (and agreed) to pay was $13,000. To date, Andy has repaid $1,590…which is far below the amount he owes. Unfortunately for Andy, he was dumb enough to verbalize to AP&P (and this account is transcribed in AP&P’s report to the court) that he no longer agrees with the court’s decision regarding reparations and intends to drag out repayment as long as possible so that he can potentially get out of it. I know, right? What kind of idiot actually says that to an appointed officer of the court? So the bottom line is Judge Connors has now seen and signed documents which quote Andy Esquivel expressing utter contempt for the court and for his own promise to re-pay his victims.
So where does Andy go from here? Jail, most likely. I don’t think Andy will ever wise up and realize his life would be so much easier if he would (a) keep his mouth shut (b) pay his victims back (c) get a job and (d) stop scamming people. Why does Andy find this so difficult? Because he’s STUPID!!!
Update: Sentencing hearing delayed until July 12th @ 10:30am.
We all know Allen Brady – he’s the mentally challenged side-kick of Andy Esquivel who helped Andy con his mother Georgia Brady out of $50,000 and then instead of helping his mother press charges, worked diligently to help Andy avoid responsibility.
Allen, as we all know, spent most of his career driving buses for his parent’s company Serv-a-Bus. Well, we’ve just learned (sorry we’re a bit late on this) that Serve-a-Bus and Allen’s parents were forced out of business by the US Department of Transportation in 2013 because they were deemed a threat to public safety.
“Safety is our top priority and we will not tolerate this kind of callous disregard for public safety by any transportation provider,” said U.S. Transportation Secretary Anthony Foxx. “These violations are especially egregious considering the company was transporting students despite being ordered to stop all operations.”
“There is no place on our highways and roads for bus and truck companies and commercial drivers that ignore safety and put the public at needless risk,” said FMCSA Administrator Anne S. Ferro. “FMCSA personnel across the country will continue to demand that drivers, vehicles, and companies comply with vital safety regulations that protect the motoring public.”
This is a sad story and I hate to be the one piling on, but frankly it’s instructive since the lack of attention to detail that sank this company is the same characteristic that continues to inspire Allen Brady to defend a known criminal who defrauded his own mother.
The latest from Andy is that he’s being set up my his probation officer who he claims lied about something – not entirely sure what. Anyway, while Andy was in jail, he launched handful of new technology ventures, one of which is called JudgeCon.com. The way this (fake) app works is judges load orders onto the website and then the cons (of which Andy is one) post their compliance via bluetooth or SMS text or something…or maybe they have their psychiatrists upload the reports, I don’t know.
Anyway, Andy then launched a follow-up app over the payphone in jail called “Cons Can Change (dot) com” which is probably a website devoted to the notion that convicted felons like Andy can straighten themselves out, stop lying, reform their sociopathic ways, get jobs, pay their child support, and move on. Of course Andy is the living refutation of that premise, but I’m sure it sounded good to his friends in the Davis County lockup.
Here’s the full text of Andy’s latest rant:
Daryl Acumen & my Probation officer Hentish of 4 months of my 1 year & 4 months of being on probation, made up lies to have my probation violated, so I had to spend 14 days in Davis county, my attorney told Judge Connors “We deny all Hentish states Andres Esquivel’s employer Yakup Gungor of www.DrHouseUtah.com is not only here today he came last week also Sir, (FYI- secretary (lee) made an error so I had to wait an extra week) and Andy’s previous Forman from Royal Builders Jason Ted Hunt is here also to speak up for Andres along with his friends and Family Marcella Esquivel Sir” as I looked back they all were waving at me:)
Yakup had all my receipts from my monthly payments & Hentish said I never went to evaluation but I uploaded eval at www.WiserTechnology.com along with videos of PO Hentish & Daryl emailing each other. Judge Connors released me immediately and made new court date for March 08, 2016 you all think Daryl Acumen will be there, LOL. So I met many men in jail that wanted to change they said probation officers screw with people like that all the time, so I told them lets invent together in these two weeks & OH did we, www.JudgeCon.com will be an app where on one side you download Judges orders & the other side the Cons compliances, example you need to go to a class, well when its completed your instructor sends message to you (completed) via text or bluetooth, you see your probation officer can’t lie anymore, thank you God & then we founded www.ConsCanChange.org from Davis county jail payphone the correction officers as witnesses, they all knew about www.WiserTechnology.com & were very inspiring themselves, thank you all & it did not end there Patrick asked if I could buy the domain www.AddictsCanChange.org for his cause, of course I did and we invented more apps “The tree of Life”, “Drug myself” & “Pure”! So am I mad that Daryl & Hentish lied, would you not run into a burning building to grab all the technology data that would save millions of lives before the devil burnt them out of existence, I DID & thank you God in the name of your son Jesus Christ, who ate with the sinners & tax collectors for they were in need of your light, Amen”
Always the same old Andy – oh well…
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.
A $25,000 “CASH BAIL” warrant has been issued for Andy Esquivel’s arrest. The warrant was issued due to probation violations by Andy. “Cash Bail” means that Andy cannot get a bail bond for his release. He must come up with $25,000 in cash in order to stay out of jail.
This is a very serious situation. It means that Andy is subject to incarceration on sight by any officer in the state of Utah and he will remain in custody until he agrees to repay his victims. Even if he agrees to pay his victims back, he will remain in jail for at least 30 days plus the amount of time it takes for a judge to get around to hearing his case.
The progress report is most telling. In it Andy’s probation officer details not only Andy’s basic violations, but also his utter lack of respect for the law.
“A person’s behavior reflects their thinking, values and beliefs about themselves, others, and the world around them. Mr. Esquivel demonstrates a disregard for the feelings of others and a reduced ability to experience guilty shame. He is superficially charming and has shown a disregard for rules. He victimizes others to satisfy his own needs and expresses rationalizations for law violations.” – Roman Hentish, Supervising Officer
That is now in the official record and will accompany the recommendation by AP&P that Andy be returned to jail.
Sorry about the website down-time last week, but it was time to upgrade my server. This site is now sitting on a quad-core 3.3Ghz dedicated server with 16GB of ram, a 500GB primary drive and a 120GB solid-state (SSD) secondary drive. We also now have a shared hosting satellite account for backups and offsite up-time monitoring. You should see a significant bump in performance now as compared to the old server because the core OS is running on the SSD, which is about 10x faster than a standard hard disk. For comparison, note that PartyUtah.com (when I owned it) was hosted on a dual-core 2.4ghz dedicated server with twin 250GB drives and 8GB of ram, so Xtagged.co now literally has more horsepower than UtahRaves.com had at it’s peak! Fun times.
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?
Just in case there was any remaining doubt about whether Andy Esquivel is crazy and his various businesses were all thinly disguised scams, here’s the latest post on WiserTechnology.com. I haven’t checked that website in ages, but did today just for kicks. This image is all that is left of Xtagged, Wiser technology, and all the hard work of lunatics like Allan Brady, Shar Jenkins, Steve Klemark, and the rest. This is what’s come of what was supposed to be a milti-billion dollar venture started by a man now confined to a padded cell in a state mental hospital. THIS IS IT!!!
The word ‘Anti-climax’ just doesn’t do this image justice…
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.
Today Andy Esquivel underwent a second psychiatric evaluation to determine whether he is sane enough to stand trial. The details of the evaluation were not made public by the court, but knowing Andy the results could not have been good. In all likelihood, Andy will remain in jail until the court is satisfied that he’s fulfilled the requirements to move forward with trial. He’s been incarcerated for three weeks now without bail, which is why none of his minions are posting on any of his blogs (Andy actually posts in the names of most of his supporters. Nobody who actually supports Andy has posted anything online in over a year.
Convicted felon and serial con artist Andres “Andy” Esquivel is in jail tonight after a hearing to review the results of his court-ordered mental evaluation. We’re still waiting for the clerks to update the notes on today’s hearing, but the net result is that Andy is in Jail, which is a good start.
As yu can see in this photo, Andy is getting fatter and still hasn’t found a solution for his acne problem. That said, it must really suck to be the father of six illegitimate kids (one in diapers) who’s broke, unemployed and stuck behind bars. We can’t share the results of Andy’s mental evaluation with you because they’ve been sealed by the court, but we can tell you that whatever was in those reports, it didn’t help Andy stay free today. He was booked at 10:39am, immediately after his court hearing this morning.
I’ve lost count of the number of times Andy’s been to jail since we started exposing his scams to the world and encouraging victims to file charges. My hope is that by the time Andy gets out he will have learned a lesson and will decide to become a contributing member of society rather than a leach.
Pathological lying sociopath and soon to be certified “nut” Andres “Andy” Esquivel has been ordered by the court to undergo mandatory mental evaluations by two court appointed psychiatrists in order to ascertain whether or not he is competent to stand trial. We’ve known for some time that his accomplice Allen Brady suffers from mild mental retardation and that his mental condition has been made worse by habitual drug use, but now the court has come to the conclusion that Andy Esquivel may be insane as well.
The examinations are intended to determine whether the extend of Andy’s mental retardation (or psychosis) is extreme enough to make him incapable of understanding the charges against him or the penalties he now faces. We’ve stated for some time on this blog that Andy is obviously crazy and clearly doesn’t understand that he’s on trial for three felony counts of securities fraud (serious charges) that could carry up to a maximum of 25 years in prison if he is convicted. Anyone who reads this blog will clearly see the extend of Andy’s delusions and will come to the conclusion that he is not mentally stable enough to tie his own shoes, much less function in society. Now we will have the benefit of professional opinion to determine for the record whether Andy’s psychosis is real or just an act.
Here is a copy of the court order requiring Andy to undergo psychiatric evaluation prior to the January 7th pretrial hearing which will decide his fate: Court Order requiring Andy to see a psychiatrist
Andy has been pretty quiet since the court openly asked the question whether or not he is insane. No longer is he blabbing wildly about conspiracies against him or claiming that some hearing that’s right around the corner will exonerate him and implicate the prosecutor and witnesses against him in some criminal wrongdoing. His blogs are silent, his YouTube channel vacant, his supporters now reduced to his live-in girlfriend (mother of three of his six (6) illegitimate children) and convicted felon mother. it’s a sad state of affairs for a guy who once bragged about having armies of attorneys, having invented technologies that could save thousands of lives, and of being on the verge of a “billion dollar” buyout from Google.
Good luck in January Andy. We hope the court offers to help you get the treatment you need. Maybe with the right medication and a top flight mental institution, you’ll finally be able to contribute to society and provide for your family. Nobody wants to spend their life being described (accurately) as ‘dead weight’.
Posted on October 29, 2013 in Andy Esquivel's Scams Andy's Threats Andy's Videos 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
At the pre-trial hearing on October 22nd, Andy Esquivel’s defense counsel asked for a continuance of the proceeding until January 7th to give the court time to ascertain whether Andy is clinically INSANE!!! If Andy is found to be CRAZY and therefore unfit to stand trial, he could be sentenced to time in a Utah mental institution.
At the request of defense counsel, this matter is continued to
1/7/2014 to allow the defendant to have a mental health evaluation
completed to determine if defendant is competent to stand trial.
The State will prepare the order.
The trial date will remain in place.
Irony: this is EXACTLY what we’ve been trying to say for years! Yes, Andy Esquivel is mentally insane and so is his chief accomplice Allen Brady. Both need to be institutionalized for their own safety and for the safety of others.
I’ll post audio of the pre-trial haring soon, but for now the trial date last set stands pending the mental health review.
I think that pretty much closes the case on Andy. When your own defense attorney states in court for the record that you’re nuts, it’s time to pack up shop and go home.
To say the least, it’s been an interesting couple of weeks since Andy’s last pre-trial hearing. We’ve got a lot to cover, but I’ll try to get through it all as quickly as I can.
First of all, a new date has been set for Andy’s securities fraud trial. The fireworks begin on October 16th and will continue for three days. As always you can find the latest trial updates by clicking on any case update link [PDF] you find on this website. The trial is stilled set up as a ‘jury trial” rather than a “bench trial” because Andy isn’t smart enough to know that the only chance he has of getting this case thrown out by the judge is if he reverses the decision by his previous “super lawyer” to take the case out of a judges hands and to wait for nine jurors (who aren’t likely to fall for his crap any more than we do) to pronounce him guilty.
As reported last month on this site, Andy Esquivel recently sent out a mass email (to his supporters supposedly) in which he listed all the people he claims to want to call as witnesses at his trial. The list was prepared in response to a court order earlier in the month in which Judge Connors demanded that Andy comply with a reciprocal discovery motion by the prosecutor [PDF]and list all the people he intended to call as witnesses. We obtained the full list because one of the journalists who Andy insists on spamming is secretly preparing an expose on what a complete fraud Andy is and they were generous enough to share Andy’s email with us. We correctly reported last month that (a) Andy failed to include contact information for the witnesses he claimed he was calling and (b) almost nobody on Andy’s list had even the slightest relevance to the case.
Almost as if to confirm the astute insight of this blog, Prosecutor Nathan Lyon on Thursday filed this motion [PDF] with the court asking Judge Connors to throw out Andy’s entire witness list as irrelevant to the case against him and lacking even the most basic contact information on the people listed. The prosecutor reviews each name on the witness list (in much the same way we did on our blog post) and explains why each one is not only irrelevant to the case, but calls out the fact that Andy’s videos and links are “rambling and nonsensical.” The only “witness” that the prosecutor approved of was Logan Laws, who is frankly on deck to testify for the prosecution so it makes little sense for Andy to call him for the defense.
In short, Andy Esquivel just got emasculated by the prosecutor and told to go home and start over from scratch…and he is still posting ridiculous videos and sending out senseless emails. Here’s an example:
Mr Lyon I never published this witness list why did you let Plaintiff Ryion Butcher put this on his slander site:
I have attached a copy. Allen we never published, this is why Steve Klemark’s wife tried to commit suicide all the harassment from the plaintiffs & co-conspirators trying to scare me to take plea… Lyon stated oh well when I told him of Steve’s wife last year and the attorney brotherhood that Allen and I recorded Holje say to us looks like it does exist.
Your plaintiffs say J.King from I-safe is going to testify against me remember I told King about the slander/smear campaign since 2009 we recorded it so as soon as you finally release the list that Holje nor six month Albright ever got… I will address all 4 on the list one by one I sent motion by mail we are still waiting to see who’s on list all these lies will hit a wall very soon.
Ryion Butcher stated to Xtagged witnesses which is also witness tampering, that we have reported to Mr. Lyon Davis prosecutor more than once Allen Brady went to Mr. Lyons office LAST YEAR I have web cam of Mr. Lyon and I speaking about this and Ron the documentary film maker has video from last year on Mr. Lyon and Mr. Holje call Ron 720.233.4104 Ron Kelsay! I have attached a screenshot that Ryion posted of his blog attacking my family and Ryion tells people that the prosecutor is the one telling him to attack!!! Ryion tells Xtagged owners “Just say you are a security not an owner and we can take Andy down! I am now writing a letter to the judge informing him about all the PERJURY & WITNESS TAMPERING ALLEN BRADY can verify (1.801.819.5126) the plaintiffs have committed through out this trial and are still committing with the help of Mr. Lyon says Ryion Butcher, ITS ALL LIES I have a video uploaded at karmacause proving all, Ron has video that dates earlier. My family and the media don’t believe that you guys know what plaintiffs are doing to all of us and they say court is not in order! I told Mr. Lyon about Steve Klemark’s wife and much more! Now that Mr. Lyon knows Xtagged, Inc. paperwork is 100% real not to mention all the non non-disclosures plaintiffs signed and the multiple counts of perjury that the plaintiffs have committed, the damages that www.Xtagged.co causes will be at fault of the state.
Now what exactly does the above email tell us, other than the fact that Steve Klemark’s wife tried to kill herself because she finally realized that her husband was up to his chin helping a convicted felon execute numerous scams at the potential price of his own job with the Devner PD and she couldn’t live with the idea that he might go to jail too. Isn’t it interesting that a guy who threatened to release sex tapes of potential witnesses in his securities fraud trial to the media is accusing others of ‘witness tampering?’ Andy why is Andy so convinced that ‘his family and the media’ are on his side here? First of all, only one reporter in the media even cares that Andy is about to go to jail and most of Andy’s family have disowned him and his convicted felon of a mother as pariahs. Most are now reaching out to me (unsolicited) and expressing support for this website and sympathy for the victims of Andy’s criminal activity. When is Andy going to finally realize that the only people who think he’s innocent of these crimes are drug addicts like Alan Brady and fellow criminals like Ron Kelsay and that the only person facing jail time for his crimes is himself?
The bottom line is that this trial is almost over. With Andy Esquivel continuing to send impotent letters to the judge in this case (unaware that they’re doing absolutely no good) and being endlessly distracted by his own YouTube channel, Andy is sure to be convicted and sentenced before Christmas. The only question is how many years in prison is Andy going to get. I for one say the longer the better!
Andy Esquivel LOVES to brag that he’s being followed by hoards of press. Here’s an email [PDF]from his former attorney Leonard Martinez warning him not to talk to any members of the press, particularly Heidi Hemmatt of KDVR Fox 31 in Denver.
We worked with Heidi to set up the interview with Andy because we were sure he was dumb enough to go through with it. We had her call Allen Brady to organize the meeting and Allen (having the IQ of a tape-worm) agreed. Heidi specializes in exposing con-artists and criminals like Andy Esquivel.
Subject: Re: Interview with Heidi
From: Leonard Martinez <firstname.lastname@example.org>
Date: Thu, October 21, 2010 11:30 am
If you are talking about Heidi Hemmat from Fox news, then absolutely NO. He is under
investigation and he is not to talk to anyone especially media!!
As you can see, Leonard was adamant that Andy not talk to the press because at the time he was “under investigation.” Now that Andy has been indicted, that advice goes double, which is probably why Andy fired him. Andy is a sociopath with a huge ego, so he’ll never stop claiming that the press is following him around, but at least we know he once received sound legal advice to avoid them like the plague.
New evidence revealed recently shows that Leonard Martinez dumped Andy Esquivel as a client on March 28th, 2011! The email, which is terse but professional, shows that Leonard finally gave up on Andy nearly two years ago and reveals that all of Andy’s bragging about the legal work that Leonard has been doing since was simply a figment of his over-active imagination.
The full text of the email is attached below or you can click here to read the full email with Andy’s response. This makes the third lawyer Andy has scared away in two years. Obviously these legal professionals know something that Allen Brady and Shar Jenkins don’t.
——– Original Message ——–
Subject: Re: My car wreck. All private owners bcc
From: Leonard Martinez <email@example.com>
Date: Mon, March 28, 2011 6:33 am
To: Karma Cause <firstname.lastname@example.org>
Cc: law firm <email@example.com>, beck
<Rdunn@wiserecigarette.com>, Shar <firstname.lastname@example.org>,
“Steve klemark@denvergov. org” <Steve.email@example.com>, John Steer
Pursuant to the emails I have received and upon your request I have advised my office
to stop working on your cases and files. In the next few weeks you will receive a
breakdown of my billing and charges and if their is a refund you will receive a check for
that amount. Please be advised that any communications we have had is privileged
unless you waive such privilege.
Thank you and good luck in the future
Leonard A. Martinez
Leonard A. Martinez & Associates, P.C.
1050 Wadsworth Blvd
Lakewood, CO 80214
Here’s the latest episode of XAndyHero, the video blog by one of our favorite Andy Esquivel fans!
On Back in 2011, Donna Martinez of Millennium Marketing warned Andy to stop sending crazy, ranting, psychotic emails to the entire world. Unfortunately Andy wasn’t smart enough to understand her, much less to listen. Posting this to illustrate that when an idiot gets good advice, he’s usually not goint to listen.
On May 18, 2011, at 10:28 AM, “Donna Martinez” <[redacted]@earthlink.net> wrote:
Andy, I have no idea who Stephenie is and why you are allowing these ranting emails to be sent out again. Did you not listen to anything I said when I met with you and Shar in March about doing business with you and these badly constructed emails with poor grammar, spelling and ranting needing to STOP. These emails have nothing to do with how you expand and market your business & products. It will only harm you and keep you from growth and revenue.
Please remove my email address from your list. You’ll find it in my e-signature below.
You have no idea the opportunities you have wasted. This is a very sad state of affairs you’ve involved yourself again. I do not do business in this manner or do I associate with people who do.
Andy Esquivel has posted another psychotic video in which he rants about his former public defender William Albright in a display that is almost certainly a ploy to convince the judge that he is mentally incompetent to stand trial. Here’s the video:
The video is a rambling mess in which And accuses Albright of basically being computer illiterate, and then accuses him of posting a YouTube video making fun of Andy, which makes zero sense. The video is eleven minutes of absolute garbage that’s almost painful to watch. By the end of the video Andy even accuses me of being some sort of super-hacker who breaks into government networks and does who knows what, which he claims is the reason he ‘fired’ me from his Xtagged scam. …yes, this contradicts Andy’s previous stories explaining why he supposedly ‘fired’ me from his fake company.
Andy claims to have filed some sort of complaint against Albright with the Utah Sate Bar and claims that is the reason he ‘fired’ Albright. Of course he makes no mention of the court filing in which Albright dumps Andy as a client because he found Andy’s actions “repugnant.” There’s no evidence of any Utah Bar filing, but I’m sure Andy will post another video soon with screen shots of the letter he sent in an effort to scare other attorneys who might try to give him legal advice in the future.
According to Andy’s rant, William Albright and I are working together to expose the Xtagged scam, and Michael Holje is also involved. The centerpiece of this conspiracy is the prosecutor in Andy’s assault trial in Bountiful where Andy plead guilty to ‘disturbing the peace’ in order to avoid a jury trial where he would almost certainly have been convicted of much more serious charges and possibly jailed. Andy claims the the prosecutor in that case orchestrated a state-wide scheme to kidnap him, suppress evidence of the abduction, and hand his body over to a shadowy government agency interested in dissecting his under-sized brain. You think I’m kidding?
Andy spends several minutes trying to explain that he doesn’t own WiserElectronicCigarette(s).com even though links to the domain can be found in all corners of his various websites and he used to brag about the website publicly and in Youtube videos which we have archived here on this website. The reason Andy disavows the domain is that is was hacked ages ago and Andy was never quite able to figure out how to fix it. He’s also afraid to admit that the people who built his original WEC website (a couple of gullible kids from an outfit called Social Fuel) quit when they realized Andy couldn’t pay them for their work.
It’s an entertaining video, if a bit hard to follow at times. Personally I think Andy is losing his mind.
Andy Esquivel is getting really desperate ahead of his pre-trial hearing on Tuesday. He showed off his desperation over the weekend when he posted ‘smart-phone’ photos of a screen shot of what he supposes to be a post from me in which I allegedly tell him, Leonard Martinez and my mother to “go to hell”. The image is obviously fake and I had a lot of fun picking the image apart this morning before work. Here are some things to notice which prove the image was concocted by Andy, not a legitimate post by yours truly:
It’s interesting that Andy has become so desperate only days before his pre-trial hearing on the 26th. I’m kind-of curious what’s causing him to panic so. Trial won’t be for at least another month, so he’s got plenty of time to pack before prison. What is he so riled up about?
It’s always amusing when someone as ignorant about technology as Andy Esquivel pretends to be a tech guru! It’s even more hilarious when someone of Andy’s technological ineptitude gets excited and starts showing off his ignorance to the world.
Several months ago, Andy Esquivel posted online charts showing the number of “requests” his various webstes were getting. Andy made the posts with much fanfare (devoting huge patches of real-estate on his homepage to the data) and each post was accompanied with varying proclamations to God and assorted Hail Marys and Amens. It almost broke my heart to have to reveal to Andy via a post on my Xtagged Scam thread that a “request” means nothing in the world of web analytics where I’ve made my living for the past two decades, and that every page on his various websites fired anywhere from 10 to 30 such “requests” every time a page was loaded. I explained that the tens of thousands of “requests” Andy was seeing on his various websites probably actually only translated into a few hundred real page views after bot traffic was discounted and his own views subtracted from the total.
Well, it seems Andy got the memo and has now returned bolder and wiser than before (no pun intended). Today Andy posted new numbers for his various blogs showing that in the past year, his seven most trafficked websites have generated a whopping 6,734 page views in total (combined) traffic! He even adds the annotation “WOW!!!”
Now, I’m not going to break out the ruler and try to get into a “who’s bigger” contest with a sociopath. The fact is, it doesn’t matter how much traffic Andy’s websites generate vs. mine because we’re reaching different audiences. Andy’s websites are geared towards himself, his girlfriend, Allen Brady, and the few people in this world who haven’t yet figured out he’s nuts. My websites are geared towards people who would otherwise take Andy seriously and need to be warned to stay away.
That said, I feel compelled to point out that our humble little Xtagged.co blog has generated 6,610 “real page views” this month alone…and the month isn’t even over yet. That number of course excludes 4,905 pageviews served to bots since February 1st. In other words, we’ve generated nearly as much traffic in the first two thirds of February than all of Andy Esquivel’s blogs generated in the whole of 2012 and for the first two months of 2013. In January Xtagged.co served 10,504 page views during the 5,393 visits made to the site by 1,058 unique visitors (real people). While those numbers pale in comparison to the 600k – 750k page views my old PartyUtah.com website served up every month and is nothing like the over 100,000 page views we served up on the last single day I owned the site, it’s still pretty good for a black and white blog that doesn’t advertise and for which I’ve done no promotion.
In the end, traffic doesn’t mean a whole lot without what we call in my field “key performance indicators.” The key performance indicators of this website are the number of people who find us online and come forward with additional information, evidence, or horror stories about Andy Esquivel and his various scams and the number of months Andy spends in prison because of the evidence we uncover. By those measures, this tiny little corner of the Internet is doing pretty good.
How do you measure success?
Judge Connors and the prosecutors of the Davis County 2nd District Court have finally lost their patience with securities fraud defendant Andres “Andy” Esquivel. During the pre-trial hearing February 12th, the court issued a preemptive warrant for Andy Esquivel’s arrest should he fail to appear for the pre-trial conference scheduled for February 26th. It will no longer be acceptable for Allen Brady, Andy’s brainless side-kick from Draper, to appear on Andy’s behalf.
The court denied a request by outgoing defense counsel William Albright to set a pre-trial hearing a month out. The date was set for two weeks following last Tuesday’s meeting as a signal that this trial needs to move forward and further delays will not be tolerated.
The court granted William Albright’s request to be removed from the case because he has found the pre-trial activities of Andy Esquivel to be “repugnant”. Since Andy has not yet filled out the required “proof of destitution and poverty” paperwork allowing him to even use a public defender, nobody has yet been formally assigned to replace Albright. At this moment, Andy is officially without legal counsel for the third time in the history of this case. Once the destitution paperwork is filed, we’ll post it online for the rest of you to inspect.
What I find amusing is the fact that Andy has been proclaiming for three years now that his army of high-priced corporate lawyers have consistently advised him not to post anything else online until court – yet in the last three years Andy has posted hundreds of times and emailed those involved in the case ad-nauseam in spite of his claims that this or that will be “the last post until court.” This website is in fact kept alive by the fact that Andy doesn’t know when to shut up! The library of evidence which Andy has posted against himself is amazing, and it’s cost him two different attorney’s in the last nine months. Even now Andy is posting claims that he and his illiterate co-conspirators could have prevented sites like Twitter and Apple from begin hacked, in spite of the fact that he couldn’t even prevent a hacker from taking his amateurish e-cigarette website offline for over a year. (…so much for Digital Internet DNA)
Andy claims to have an army of witnesses willing to testify on his behalf at trial, but the fact is only one person visibly still supports Andy, and that’s Allen Brady (the man who helped Andy steal $50,000 from his own mother). Andy even claims that Rebecca Dunn is scheduled to testify in court and that he’s been in contact with her – a ridiculous assertion for reasons I’m not going to post on this website. We continue to receive emails from people willing to testify against Andy and we forward them all to prosecutor in the case. The bottom line is, Andy is pretty much alone and the doors are closing in. It’s time to either plead guilty or start packing for an extended stay in Davis County. Personally I think Andy’s going to plead guilty and rip somebody else off to pay the settlement required by any plea deal to Ryion , Kyle and Chris.
…we will see.
Because Andy Esquivel is technically without legal representation at this time and thus needed to appear in court today at 8:45am but didn’t show up, the court was unable to proceed with it’s pre-trial hearing. William Albright indicated that he was prepared to proceed with his motion to withdraw, but noted that Andy was in Colorado still after his girlfriend had their third child (the court referred to her as his ‘wife’, but of course Andy has never been married). The court agreed to continue the hearing out of compassion, although no mention was made of the fact that Allen Brady found a way to make it to court in spite of the fact that he had a new baby at about the same time that Andy did. When the Defense asked to continue the hearing until March, the prosecutor objected stating that the state wants to get this process moving as there have been too many delays already. A new pre-trial hearing has therefore been set for February 26th.
For hose of you wondering why we haven’t yet posted Andy Esquivel’s statement of “indigence” on this website, the reason is simple – Andy hasn’t filed it yet. It turns out that Andy still hasn’t filled out any of the forms begging the court to grant him the use of a public defender (who he has now pissed off) because of his indigent (read ‘broke and unemployed’) state of affairs. Once Andy files the appropriate forms and the court makes them public, we will post them on this website as evidence that Andy is indeed broke, destitute, and unable to pay his bills. Hopefully he’ll get those papers filed sooner rather than later, or else he’ll find himself being represented by Allen Brady in the courtroom – or worse, himself!.
Here’s Andy Esquivel’s latest statement about trial:
I am Back! Hello everyone my name is Andy Esquivel I would like to thank Team Wiser Allen, John, Shar, Leonard etc. as you may have heard by now trial was cancelled again. I will get my day in court no matter how long it takes. I will not take misdemeanors they are trying to force to save themselves from a lawsuit all because Ryion & Daryl lied to the Utah S.E.C!
You hear that Daryl Acumen I will never quit until I see you and your mother Rebecca Dunn take the stand at trial!!!
Earth to Andy – your trial has been postponed, not cancelled. Don’t worry, you’ll get your day in court soon enough. Hey, since you’re so ‘eager’ for your trial to start, why don’t you save the court some time and represent yourself instead of waiting for the new public defender to come up to speed on your case (that would be a load of laughs). Better yet, just plead GUILTY and get it all over with!
As for Rebecca Dunn taking the stand at trial – don’t hold your breath. Personally I would give my left arm to be able to testify against you at trial, but since I’m only peripherally connected to this case, that’s not likely. Maybe you should ask your new attorney to call me to testify though and see how that goes over. “Hey Julie, I want Daryl Acumen to take the stand at my trial…no I’m not crazy…yes I realize he’ll only convince the Jury to put me away for a quarter of a century, but…no I haven’t lost my mind, why do you…but I don’t care if I go to jail, I just want to look good in front of my friends…OF COURSE I HAVE FRIENDS!!!”
Andy is unbelievable, but a load of laughs. Keep posting buddy. Maybe you’ll land a guest spot on Dr. Phil. I hear they have a special program coming up devoted to pathological lying sociopaths with delusions of grandeur.
According to the Utah Office of Recovery Services, Andres ‘Chicho’ Esquivel, the convicted felon who is the author of the long-con that is the subject of this blog, now owes $19,540 in back child support for two of his children here in Utah. The amount has increased because of course Andy isn’t working and hasn’t paid a cent since officials first caught up with him in Denver earlier this year. The amount doesn’t rise very quickly because Andy is being assessed at minimum wage in recognition of the fact that he hasn’t held a legitimate job in over a decade and therefore has no marketable skills aside from being a con artist.
Andy’s liabilities are mounting. Here’s a breakdown of the money Andy owes to various scam victims, exes and family according to testimony, public records, and files obtained by this website:
All told, Andy Esquivel’s current liabilities are between $185,000 (confirmed) and $285,000 (unconfirmed) total! Since Andy has no income and no assets, that is not a good place to be. I am personally a little curious where all the money went, but I guess it really doesn’t matter.
I wonder what it feels like to be a broke, unemployed, deadbeat-dad who’s awaiting trial for felony securities fraud? …must suck.
I was talking to a member of Andy’s family today and for some reason I thought of this video. I’m not sure why, but this song makes me think of Andy. It’s been going through my head all morning long so I thought I would share. Enjoy!
Andy Esquivel just doesn’t know when to shut up! Here is a guy who’s literally about to go on trial in just a few more weeks for felony securities fraud and he’s still posting brainless garbage all over that supports the case against him. Every month or so for the last several years Andy has claimed “this is my last post, email, video, etc. before court.” Back then he usually meant some mythical civil lawsuit he pretended he’d already filed someplace, but now of course he really is facing an eminent court date and he still makes the same claim. A few weeks ago Andy pretended to “sign off” of his Diigo account until court, when in reality he just created a shadow account in the name of Allen Brady. Now he’s posted again on his own Xtagged Diigo account with this apparent apology for not being able to stay offline while his public defender reviews his case:
Sorry I know I signed off but you all had to see this screenshot! Now I will sign off until trial 10/24/2012!
The bottom line is, Andy will never stop posting about his various criminal activities. I expect that in the next week or so Andy will plea guilty to the charges against him, and then will go on a posting spree claiming that he was forced into the plea by his public defender who somehow corrupted by the evil corporate forces that want to steal his now defunct Xtagged portal from him.
It’s endless fun to read Andy’s rants so I’m not complaining. Frankly the more Andy posts, the more he discredits himself. I’m curious to see how much of Andy’s online garbage actually makes it into the trial (provided Andy public defender isn’t able to convince him to plead guilty first). The more the better! It should make for a hilarious transcript.
Almost as hilarious is the endless string of people Andy continues to claim are going to be making special appearances at his fraud trial. It’s funny that his lawyer is still reviewing the case, yet Andy is bragging that everyone and his mother is going to be called to testify – a decision his defense attorney won’t make until (duh) after he’s finished reviewing the case. We’re still waiting to see all the “media” who are supposed to be covering this case make an appearance. So far not a single reporter has shown up to cover it, much less the movie directors who are supposed to be basing a Hollywood thriller on the whole affair.
Andy Esquivel is now hiding from the Colorado Office of Recovery Services (ORS) like an escaped fugitive. He’s trying to avoid paying over $18,000 in back child support for two of his six kids. Colorado ORS has attempted to pick him up at his house, but his mother lied to them and said he’s now living back in Utah…they’ll be back.
If they can’t capture Andy at his home, then they’ll pick him up when he appears for his pre-trial in August. The arm of the law is long Andy – you cannot get away. 🙂
We just added a “Beckie Speaks” tab to the blog where I intent to post as many of Rebecca Dunn’s anti-Xtagged documents as possible. Beckie was formerly the pretended CEO of Andy’s various scams. She eventually came to her senses and realized that Andy is a con man and Xtagged / Wiser are scams. She’s still a little delusional, but her documents add a lot of color to Andy’s operations and state of mind.