Xtagged.com SCAM (and con-artist Andy Esquivel)
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Andres “Andy” Esquivel FINED by Utah Department of Securities!
Posted on October 2, 2017 in Uncategorized
I am ashamed to admit it, but I completely
dropped the ball on this one.
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.
Recommended Order on Motion for Default [PDF]
Order on Motion for Default [PDF]
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 keeps digging…
Posted on January 18, 2017 in Uncategorized
There’s an old saying “If you find yourself in a hole, STOP DIGGING!!!” Andy Esquivel is in it about as deep as you can get without hitting water, and yet he still refuses to face the facts.
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.
Andy’s solution?
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.
S-T-U-P-I-D-!-!-!
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.
January 17th review hearing audio [MP3]
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.
Andy’s Child Support Case
Posted on January 17, 2017 in Uncategorized
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.
Another day, another warrant…
Posted on January 12, 2017 in Uncategorized
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.”
Court Audio from January 10th hearing [MP3]
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.
Here is the case file [PDF] for those of you who want to review the latest. Also, here is the warrant [PDF] issued by Judge Connors in case anyone is curious.
UPDATE:
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.
Andy in debt collections – about to be arrested (again)
Posted on November 4, 2016 in Uncategorized
Well, our friend Andy is at it again. Apparently he doesn’t understand how serious this situation is.
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.
Andy has started paying his victims back…finally!
Posted on September 12, 2016 in Uncategorized
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.
UPDATE:
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!
Andy Esquivel’s probation being revoked!
Posted on June 9, 2016 in Uncategorized
So Andy has finally done it. He’s managed to piss off the courts, the public defenders office, and now AP&P to the point where he is now facing an eminent return to jail.
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.
ConsCanChange.com
Posted on March 2, 2016 in Uncategorized
So just when you thought Andy couldn’t get any funnier or sink any lower, he surprises yet again…
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…
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.
Update: Warrant issued for Andy Esquivel’s arrest!
Posted on January 10, 2016 in Uncategorized
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.
- Here is the case update with warrant information: Case Update [PDF]
- Here is the cause statement: Cause Statement [PDF]
- Here is the Cause order: Cause Order [PDF]
- Here is the signed warrant: Warrant [PDF]
- And (most important) here is the progress report filed by Andy’s Probation Officer with all the details about why Andy is to be arrested: Progress Report [PDF]
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.
Andy Esquivel – Final Word
Posted on November 12, 2014 in Andy Esquivel's Scams Andy's Threats Ron Kelsay Wiser Technology
A judgement has been entered by the State of Utah onto Andy Esquivel’s record requiring him to pay $14,300 in fines and restitution for his Xtagged scam. Andy must submit to DNA, drug, and alcohol testing as a contrition of his probation for the next 36 months. He also needs to get a job. It’s been a long road, but Andy Esquivel was finally brought to justice – in no small part BECAUSE OF THIS WEBSITE!!! The conviction of Andy Esquivel is bitter-sweet in that only three of his numerous victims came forward to press charges (representing a little over 10% of the total money consumed by his various scams), but the results are very nearly the same. Andy’s mental infirmities and propensity for criminal behavior have been documented permanently for the record and future victims will avoid losses because of our efforts. Furthermore Andy’s existing victims have been publicly vindicated as Andy has admitted for the record that he is a pathological lying sociopath with absolutely no business sense whatsoever. After all the noise and smoke Andy made about a conspiracy against him, it’s a bit disappointing that in the end he admitted wrongdoing and avoided a humiliating public trial, but there’s always Castle and The Blacklist for entertainment so I guess I don’t mind. In the end Andy was arrested for assault, harassment, fraud, and sued for 18+ years of back child support…that pretty much sums up Andy Esquivel and his friends for the world (minus of course the drug use and alcoholism). You can read the final documents of Andy’s case here:
http://www.xtagged.co/files/cases/111701135/111701135-sentence.pdf
http://www.xtagged.co/files/cases/111701135/111701135-final.pdf
Steve Klemark, Allen Brady, Lasharielle Jenkins, and Ronald Dean Kelsay must all feel really stupid right now.
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.
New racist rant by Andy Esquivel uncovered
Posted on August 13, 2014 in Andy's Threats
Before Andy Esquivel was institutionalized, he sent a Facebook message to his cousin Edward who’s mother Andy ‘spoofed’ on LinkedIn to make himself look more legitimate. We recently received a copy of the rant and I thought it was appropriate at this time to post it. The reason this post is interesting is that it discredits Andy’s claims that he’s an innocent victim of racism. The thing about sociopaths is that they always accuse others of what they themselves are guilty of (notice Andy’s prominent use of the “N” word towards the end of this rant).
Note: caps and punctuation mistakes are Andy’s, not mine.
Edward this is Andy I came back at 5:00am not because I am tweaking as you say on YOUR Facebook PAGE…. I am working on WEBSITES not Facebook bro you see most people are asleep NOT YOU bro, so we work on the WEBSITES at graveyard look at my email to my attorney I will post :0x Sindy sent that for a reason just wait for it…… I’ll post email next! (But what I want to say most Mista GANG BANGA EDWARD GONZALES – Mom family, Jesse in Denver you watching this shit, Edward even IF I was guilty, I am NOT but let’s just say I was for your sake “YO WTF YR MIDDLE NAME SNITCH!” Edward made deal for himself with Daryl) Aunt Chue when Edward was 5 he used to walk around asking all of us to play cards, it was cool until you beat Edward you all remember he would freak and say we are cheating all because Edward lost! See a doctor bro (OH don’t worry I will bring you up Edward) look at my next post u will get it. Edward you lost state only has 3 wits racist Ryion, Kyle and Chris they used their NIGGER DARYL to try and help my ex father in law North Salt Lake City Chief of police Hanson bring down Xtagged: https://www.diigo.com/item/…/7ra2 FYI Daryl never knew any of this that’s how he got caught up in this and dragged you guys in, Daryl & Edward stated I scammed hundreds of people and I never filed for patent: https://www.diigo.com/item/…/9hrw You’re a fool Edward this money BILLIONS is a dynasty for our family you already seen the patent paper work stop acting dumb. Your mom owns 6% & you nothing that’s why you’re mad, just shut-up until trial yr digging deeper hole.
FYI- Nobody blog for me anymore period not even film people Sindy was the only one.
You’ll also notice Andy proudly proclaiming that his fake businesses (which includes a goofy little ripped-off cartoon website called ‘Smiley Heroes’) are worth “BILLIONS”. Honestly, if I wasn’t documenting this guy’s psychosis, nobody would believe any of it.
Xtagged goes out with a punch…
Posted on July 10, 2014 in Uncategorized
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…
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!
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]
Allen Brady tries to Con his way into $2M House
Posted on January 27, 2014 in Andy Esquivel's Scams
I have it on good authority that Allen Brady, that brainless minion who still follows Andy Esquivel around like a lost puppy hoping for a billion dollar buyout of Xtagged by Google, recently tried to con his way into a $2 Million dollar house.
Reliable sources report that Allen Brady and his wife contacted a real estate agent in norther n Utah and asked for a walk-through of a house listed for $2 Million dollars. The listing agent, being used to scam artists and wackos trying to get a peek inside her multimillion dollar listings by posing as legitimate qualified buyers, became suspicious. She immediately asked Allen’s agent to verify that Allen did in fact have the means to purchase the house if she allowed him to walk visit the property. When pressed, Allen Brady reportedly told his agent that he and his wife were about to receive a milti-million dollar settlement in a lawsuit (expected to be completed by the end of this month) and that they would be purchasing the home in cash with those funds. He mentioned my name as being the defendant in the lawsuit.
Funny thing about the Internet today – Allen’s broker decided to check out the story. not only did he find out that there is no multi-million dollar lawsuit with me as a defendant or Allen Brady as a plaintiff, but he also found this website which gave explicit details about the scam to which Allen was referring and the fact that it’s founder is in jail right now awaiting a psychiatric evaluation to determine whether or not he is sane enough to stand trial for three felony counts of securities fraud.
Needless to say, Allen and his wife were not allowed to tour the house and other brokers were warned to be on the lookout for an over-wright drug addict pretending to be the recipient of a large legal settlement wanting to look at multi-million dollar homes.
I will say this for Allen Brady – he’s sure got a pair. It takes serious guts to try to scam your way into somebody else’s house by pretending that a guy who’s now been thrown under the bus by three of his defense attorneys is somehow going to be acquitted at the last minute and will close a lightening settlement for millions of dollars because his long line of fake products turned out to be real after all. Obviously somebody spent too much time at the recreational pot stores the last time he was in Colorado.
Andy Esquivel failed to complete psychiatric evaluation
Posted on January 8, 2014 in Trial Updates
This website has learned that part of the reason the court decided to throw Andy Esquivel in jail until further notice was because he failed to report for his mandatory psychiatric evaluation as ordered. This letter [PDF] from psychiatrist assigned to evaluate Andy states that in spite of repeated attempts to make contact, Andy did not return phone calls or attempt to otherwise make contact.
We are still waiting for an audio transcript of the January 7th hearing and will provide more details as they become available. As of right now, Andy is behind bars and will remain there for the foreseeable future.
Court orders Andy Esquivel held without bail
Posted on January 8, 2014 in Andy Esquivel's Scams Trial Updates Xtagged
On January 7th Judge Connors of Davis County ordered Andy Esquivel held in Davis County Jail without bail until further notice. We’re still waiting for the audio transcripts of the hearing, but it must not have gone well.
On January 7th the court was scheduled to review the results of Andy’s mandatory psychiatric evaluations to determine whether he was competent to stand trial. Immediately after that hearing Andy’s mug-shot appeared on the Davis County jail website with a booking time of 10:49am.
See the court order here: [PDF]
The contents of Andy’s psychiatric evaluation are sealed so we don’t know what the psychiatrists found, but my hunch is that they determined Andy to be dangerous, mentally unstable, completely delusional, and incapable of telling the difference between fantasy and reality. It only remains to be seen whether the court will determine that Andy’s mental illness is serious enough to impede his ability to receive a fair trial.
Andy Esquivel is in jail – again!
Posted on January 7, 2014 in Uncategorized
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.
Court orders Andy Esquivel to undergo mental examination…
Posted on November 8, 2013 in Uncategorized
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’.
Court to decide if Andy Esquivel is CRAZY!!!
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.
Final, final pre-trial hearing set for 9/17/2013
Posted on September 10, 2013 in Trial Updates
After begging Judge Connors to let him have a public defender again, Andy Esquivel got his wish and was assigned C. Markley Arrington. His temporary defense attorney was Albright while the court found someone who was actually willing to take the case. Andy claims he’s ok with a public defender (and no longer thinks there’s a conspiracy within the PD office to conspire with this blog and put him in jail) as long as they stop trying to talk him into taking a plea deal.
The bottom line is that Andy has a public defender again (he’s too broke to afford a private lawyer in spite of his repeated proclamations over the years that he has dozens of corporate attorneys between Denver and LA) and that attorney is under strict instructions from Andy not to entertain any pleas of ‘Guilty’ no mater how damning the evidence stacked against him.
Arrington, who represented Andy briefly while the court sought out Albright for his defense, asked the court on September 3rd to postpone the final PTC until September 17th, presumably to give him more time to formulate a defense or negotiate a guilty plea with Lyon. My guess is that next week Arrington will petition the court for another trial extension to give him more time to convince Andy to plead ‘Guilty’ and to give Andy more time to raise the money he’d be required to pay back to his victims as a certain condition of such a plea.
I’m not sure Judge Connors would go along with such a plan as he’s beginning to lose patience with Andy’s courtroom antics and stall tactics, but it’s the safest bet. Otherwise we’ll all be in court on October 16th for the quickest and most entertaining trial in recent memory. Unfortunately Andy won’t be able to call all the ‘witnesses’ he promised and almost certainly won’t be allowed to testify himself. It’s a shame Andy did such a piss-poor job representing himself – we were all looking forward to watching Andy make a complete idiot of himself at trial.
Andy Esquivel makes a fool of himself in court…(again)
Posted on August 15, 2013 in Trial Updates
Sorry for the delay in posting, but we wanted to wait to post until the audio transcript from the August 7th hearing was available. That audio transcript is now available here (FLV), and it’s hilarious! Nothing is more satisfyign than listening to a respectable Judge and a professional attorney trying to deal with Andy Esquivel and losing their patience with his ineptitude.
In this hearing, Andy begins by saying he’s finally ready to “take the lawyer”, meaning a public defender. Unfortunately for Andy (and the prosecutor points this out) he was already offered a second public defender but, like an idiot, he told the court flatly that he refused to accept the help of the public defender’s office because he thought they were involved in a conspiracy against him.
full case update can be read here [PDF].
Andy continuously claims to have filed a motion for discovery with the court, in spite of the fact that the clerks office has no record of such a filing. Judge Connors at one point becomes exasperated and just breaks it down for Andy: (11:45) “Mr. Brady put your arm down…Mr. Esquivel, I don’t know how many times we need to have this discussion. You cannot just continue to represent yourself and ignore all of the court’s rules!”
Andy blabs on and on about how he’s now willing to take an attorney, but the prosecutor pointed out that we’re now months down the road from the date when Andy lost his first public defender and refused another and he doesn’t believe that another attorney will be ready by trial. “His conduct in the state’s opinion is destructive and it’s delaying tactics.”
At the end of the day, the Judge told Andy to file a proper discovery motion by COB Friday (which he never did). Andy then told the Judge “if you give me the discovery then I’ll hire my own attorney,” after which Andy filed a financial affidavit [PDF] claiming that he’s broke and can’t afford an attorney. Andy admits in the affidavit that he hasn’t worked since June 2009, that the highest he ever earned was a measly $12/hr., that his girlfriend (who he falsely claims is his “wife) doesn’t work, that he has no assets (not even a car) and that he pays no rent. Oh, here’s Andy’s contact information in case anybody wants to sue Andy in civil court:
5789 Middlewood Ave. Kearns, Utah 84118 (801) 819-5126The Judge told Andy that at this point he has no intention of postponing trial anymore. The current trial date is October 16th, 2013. My hunch is that the prosecutor is going to object to Andy’s request for counsel because (a) there’s no time for the new public defender to review the case before trial and (b) because Andy’s affidavit is completely false…Andy didn’t even list how much money he spends on rent in the document, even though in his latest video he’s bragging about his new house.
The next hearing date is August 20th at 8:30am, where the court will review the status of the case, including Andy’s motion to dismiss [PDF], which is completely nonsensical.
You guys need to just listen to the hearing. I’m tired, and it was too funny to adequately convey in a blog post. In the end, Andy looked completely inept…which of course he is. Andy’s motion to dismiss makes him look even more inept. The fact that he’s now begging for an attorney makes him look pathetic on top of inept. Oh boy, at least we’re nearing the end of this trial and Andy will soon either plead guilty or be convicted of fraud.
Andy Esquivel’s Motion Hearing postponed
Posted on July 11, 2013 in Trial Updates
The motion hearing scheduled for yesterday was postponed until August 7th. We would have posted this sooner, but we wanted to see what Andy would post after he showed up for court and found out there was no hearing. Usually Andy goes ballistic and writes a 50 page email ranting about conspiracies and the like whenever there’s a postponement like this one. In this case, Andy’s annoyance at wasting his gas to drive to court first thing in the morning hit with a ‘squish’ and no mass email was sent out to “the media” blaming the delay on corrupt prosecutors or shadowy government agencies looking to stop him from saving the world. As always, the latest court updates (including this postponement with details regarding the reason for the delay) can be found here [PDF].
In the meantime Andy figured out how to file a discovery motion and did so on Monday. He even went to the court with Allen to file the document himself, which is impressive. Too bad he gave the court a fake phone number or he’d have known that there was no court on Tuesday. The postponement was filed on Monday while Andy was int he building, but when the clerk tried to call Andy there was no answer. Andy seems very eager to get his hands on the prosecutor’s witness list, and is now referring to all his fraud victims as “TRAITORS” on a regular basis.
Nothing else new to report. Andy’s been rather quiet since getting sentenced in Colorado to serve 64 hours of community service for failing to pay back child support. Andy is so intent on not working that he even claims to have moved back to Utah to avoid the sentence. Don’t worry Andy, it’ll be waiting for you when you get out of prison and return to Colorado.
Judge shuts the door on Andy Esquivel’s imaginary evidence…
Posted on June 28, 2013 in Andy's Threats Trial Updates Xtagged
Well, it’s official – Andy Esquivel won’t be allowed to call any witnesses at his jury trial in October. In fact, Andy won’t be able to present any evidence of consequence at his trial in October, so he’s essentially screwed.
On June 10th Judge Connors signed a motion to compel [PDF] filed by Prosecutor Nathan Lyon which gave Andy until May 21st to provide the prosecution with full details of all his witnesses and all evidence Andy intended to present at trial. Andy failed to comply. The list Andy did provide was incomplete and the witnesses all found to be irrelevant to the case. Andy’s evidence was likewise found to be completely irrelevant to the charges against him.
The motion to compel signed by Judge Connors EXPLICITLY states that any evidence not provided to the prosecution by May 21st will not be permitted at trial! May 21st was over a month ago, so Andy has missed his deadline to present any evidence which could support his defense. Since nothing that Andy has provided up until now will help him at trial in October, Andy basically won’t have a defense in October.
(No lawyer) + (No defense) + (No evidence) + (Refuses to admit he did anything wrong or to pay his victims their money back) = Andy Esquivel is definitely on his way to prison in October. Good luck with that, Andy!
Andy Esquivel Finally gets a job…sort of.
Posted on June 25, 2013 in Andy's Threats Trial Updates
Those of you who enjoy Andy Esquivel’s threatening blogs and emails as much as I do will recall that in recent weeks Andy has made a lot of noise about a “conspiracy” between his ex girlfriend and this blog to block him from the ‘millions and billions’ of dollars in potential profits he could have made if his various scams had been able to materialize. Lately he’s been claiming that last Saturday was D-Day for the conspiracy to finally be exposed and that everybody involved was going to jail, including his ex. Last week he posted this nonsensical threat:
Hey dumb-ass they want me to have public defender so when I win they don’t look as bad Dee-Dee-Dee I am going to take this all the way your going to prison Daryl & this Friday Denise has to answer to the Judge here in Colorado about you and her… so keep manipulating and still prosecutor LYON has not released his witness list with hundreds more like 3 of witnesses Daryl God Don’t Like Ugly OH SMILEYHEROEScom :)X
Well last Friday was in fact a court hearing for Andy – one in which he needed to explain to the courts why he still hasn’t paid a dime in child-support in spite of the fact that he’s
Now, we all know Andy as a lazy, good for nothing, scamster with a habit of telling untruths to survive and of stealing money to feed his drug addiction. Knowing this much about Andy, it shouldn’t surprise anyone that as son as Andy was sentenced he immediately went about crafting a story to get him out of the ruling. “But your honor, I’m moving to Utah on July first, so I can’t do no community service,” Andy reportedly told the judge in the case. In a show of mercy that Andy has become accustomed to and now expects from state courts, the judge gave Andy 30 days to prove he’s left the state of Colorado for good before he must begin serving his sentence. If Andy fails to provide proof that he’s moved, then he will be recalled to the court for a stiffer sentence.stolen a small fortune from investors from California to Colorado. Andy showed up on Friday prepared to impress the judge with his sob-stories explaining that it’s impossible for him to get a job because of this website, but she apparently wasn’t having any of it. Instead of buying into Andy’s claims that he can’t work, the judge did the unthinkable – she gave Andy Esquivel a job…
Sixty four (64) hours of community service to be exact!
My hunch is that Andy isn’t moving anywhere and that his please to the court are just a stalling tactic to get out of doing any real work. Andy can’t picture himself picking up trash by the roadside in a bright orange vest and hard hat any more than we can picture him as CEO of a multi-million dollar tech start-up. The mere thought of doing manual labor terrifies Andy – probably more than jail does. We’ll have to see how this plays out, but my hunch is we’ll have another child support case update for you here in a month and that it will read something like this – “Colorado judge loses patience with Andy Esquivel and sentences him to 30 days in jail for failing to comply with an order to begin community service immediately.
Then again, Andy might actually be dumb enough to leave Colorado in the hopes of avoiding these child support charges altogether. What he doesn’t realize is that Utah has even stricter child support laws that Colorado does and he already owes over $20,000 in back support in this state before he arrives (more will be added for every month eh lives here). I think Idaho would be a better choice for Andy because he doesn’t have a record there. Here in Utah the police are all to familiar with Mr. Esquivel and they’re not likely to give him a pass while he unpacks his moving van.
Hey Alan Brady, here’s a link for your boss…
Posted on June 21, 2013 in Trial Updates
Hey Alan, since your boss (pathological lying sociopath, serial criminal and convicted felon Andres “Andy” Esquivel of Lakewood Colorado) hasn’t received his copy of this motion by Davis County Prosecutor Nathan Lyon, I’ll help you guys out and share my copy.
http://xtagged.co/files/cases/111701135/111701135-andys.witnesses.pdf
Enjoy!
PS – you can still call Logan Laws if you want, but note that Logan isn’t going to help your case because he knows Andy is a criminal just like the rest of us and he isn’t afraid to tell that to a judge and jury.
Andy Esquivel gets spanked by Davis County Prosecutor
Posted on June 17, 2013 in Andy's Threats Ron Kelsay Trial Updates Uncategorized
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 publishes his witness list…
Posted on May 17, 2013 in Trial Updates
Pathological lying sociopath and convicted felon Andy Esquivel, who is representing himself in his own securities fraud trial, has published his witness list for trial. We’re sharing it here to help others understand how crazy Andy really is and to display the full extent of Andy’s criminal activity. The words below are Andy’s with the truth in brackets.
Daryl Acumen: he recommended law firm look at the seven email video Allen fired Daryl from Xtag in 07 to hire his mother Rebecaa Dunn as Xtagged CEO, Daryl then started this conspiracy with Ryion etc. #0069 [The fact is I never worked for Xtagged, so I could never have been fired. That said, I can’t wait to testify against this lunatic and to explain to a jury how crazy he really is…if he’s dumb enough to put me on the stand.]
Jason Webb: Xtag patent/corps attorney he told all Xtagged owners he could only sell securities #0070 [Jason was found to have acted improperly by convincing certain fraud victims that Xtagged was a solid investment. His law firm faced disciplinary action by the Utah Department of Securities for the actions of Webb, which violated securities law.]
Saeed Kermani: started Single & Dating/patent 06 & 07 #0071 [Andy’s old boss at Comcast]
Mehraz Sheikhi: was paid back $10,000 just as Ryion B. was paid back $2,500 through Logan Laws #0072 [One of Andy’s fraud victims]
Logan Laws: Logan & Ryion teamed up for $5,000 & after Logan begged Andy to separate them due to Ryion Butcher being a A—hole these are Logan’s words about Ryion to Shar Jenkins & texts #0073 [One of Andy’s fraud victims, eager to testify against Andy]
Steve Klemark: Wisertechnology.com CIO I have attached his Denver Halo P.D ID Steve Bought Xtagged in 2009 & he made Ryion B. $5,000 money order… Steve stop going with Andy to court in Utah because Steve said prosecutor J.C.Y. & Mr. Holje was conspiring. Steve made two videos… #0074 [Low-level IT guy at the Denver PD who supposedly purchased Xtagged for $24 Million dollars.]
Shar Jenkins: not only paid Logan Laws $2,500 money order he offered everybody buy-outs just as Steve K. did and Allen Brady and many more… #0075 [One of Andy’s brainless minions who pretends to be some sort of marketing guru.]
Kirk Yuhnke: Fox13 now Denver Fox31 my first prime time interview for my invention of car tags I offered Kirk Yuhnke 1% ownership of system Sindy was witness look at attachment file D.I.D #0076 [A Fox News reporter who doesn’t know nor care who Andy Esquivel is.]
Sindy Manzano: worked for Xtagged 06 to present in 05 the Deseret News did story on Sindy Manzano D.I.D file #0077 [Andy’s live-in girlfriend and mother of three of Andy’s six illegitimate children. She lives on welfare because she claims she can’t work due to this blog.]
Trevor Riley: Xtagged Inc Bank manager and helper his email FB attachments are to his attorney #0078 [A random bank clerk who Andy pretends has something to do with this case.]
Allen Brady: Wisertechnology.com CEO I think Allen has told you plenty and gave you his paper work Allen and his family attempted many time to buy-out the plaintiffs they just attacked Allen and his mother… #0079 [Andy’s mindless puppet who is illiterate and an admitted drug addict.]
John Steer: He was second victim at hero’s computers 09 in Bountiful, John can verify conspiracy John also made up paperwork for Ryion Butcher & Taylor he was second in command at Xtagged #0080 [Andy’s cousin and accomplice in most of Andy’s fraudulent schemes.]
Jake House: ran our Bountiful Sushi shop with John Steer Jake is co-owner of Xtag & has exact paperwork as Ryion Butcher and Jake has made video testimony online against Ut plaintiffs #0081 [Another random co-conspirator of Andy’s.]
Jeff Parker: My first partner we bought first system stickers together Jeff has exact paper as Ryion and was at trial Feb, 26, 2013 #0082 [A random guy Andy found to support him at court because everybody else had finally figured out Andy was a fraud.]
Daris Garner: My third partner 06 after Jeff Parker we all worked for Saeed K. at Comcast, Daris has the same paperwork as Ryion B. and was at pretrial Holje would not speak to Daris nor Albright… #0083 [Another Xtagged fraud victim.]
Andre Rawka: John Steer gave Andre 1% ownership free for all the media Dre brought to Xtagged and yes it was the same paperwork as Ryion’s. Dre is now a climbing star in Utah #0084 [Some local rapper who Andy convinced to endorse his various scams for a price.]
Zachary Edwards: John Steer gave 1% ownership to Zac same reason as Dre above Zac can also verify conspiracy attacks on Xtagged.com, Wiser e-cig, Wisertechnology.com, Karmacause.com etc. #0085 [Another Xtagged scam victim.]
Taylor Jones: John Steer gave ownership to Taylor from our Sushi shop in Utah yep same paperwork as plaintiffs. Taylor then brought our attention to Jason Cowdin for Xtagged real estate app, #0086 [Another Xtagged scam victim.]
Jason Cowdin: Taylor Jones got ownership for Jason C. from John Steer & I yep John gave Jason same paperwork as plaintiffs. Jason C. was responsible for big VC meeting one with his mentor that stated “Andy is not about money” then second meeting with Social Sam people. #0087 [Another Xtagged scam victim.]
Brain Davis: Mel & Brian 3% ownership of Xtagged Brian’s with Bountiful Brian Davis paperwork. #0088 [A real-estate investor from Ogden who refused to deal with Andy because Andy was never able to provide evidence that he was a legitimate.]
Chue Berriel: of CEA Property’s Investments llc co-OWNER of Xtagged since 2008 Daryl & Ryion tried to manipulate Chue by contacting her son Edward Gonzales as court has been in progress look at Chue’s statement on LinkedIn #0089 [Andy’s aunt who was scammed out of tens of thousands of dollars. Andy spoofed her identity on LinkedIn to pretend that she wasn’t on the verge of turning him into the police.]
Ladd Quayle: plaintiff Kyle Cluff gave ownership to Ladd Q. you have copy of Kyle’s email to Andy telling Andy to give Ladd ownership of Xtagged here’s Ladd’s latest email April 8 2013 below #0090 [One of Andy’s victims who is eager to testify against him at trial.]
Professor John Richards of B.Y.U: he would not meet until our paperwork & no scam was confirmed Ladd has all emails from Steve klemark because Steve Bought Xtagged Dec of 2009… #0091 [Met with Andy once and saw through his garbage within minutes and refused to meet with him ever again.]
Rebecca Dunn: Xtagged.com C.E.O 2008-2011 I have provided seven emails dating 01-25-08 to 03-02-08 that proves all you have copies of our Xtagged CEO Final warning letter. #0092 [Andy conned Rebecca into thinking she was CEO of his various scams. She eventually realized that Andy was a fraud and turned over piles of evidence against Andy to the courts. She will not be at trial.]
Andrew Couch of Bump.com: #0093 Andrew told all Xtagged workers “We are going to put Andy in prison no matter what” Andrew conspired with Daryl A. & Ryion B. to smear/slander Xtagged and then re-filed patent in May of 2010, Andrew’s & Andy’s 2007 [Principal at Bump.com who has been harassed by Andy for years. Has no interest in Andy or this case.]
Jonathan King: ex-FBI agent I meet with in 2009 plaintiff Kyle Cuff arrange meeting I told him about The smear/slander conspiracy back in 2009 and I gave him 40% ownership of Xtagged… #0094 [iSafe executive who knows better than most how much of a fraud Andy is. The company came very close to suing Andy Esquivel for compromising their name by claiming that his scam was endorsed by them.
Final witness Leonard Martinez & his assistant: Allen Brady and I gave them $2,575.00 in 2010 to pay Plaintiff Chris E… Leonard can also confirm smear/slander conspiracy 2010 through 2013 #0095 [Leonard Martinez dumped Andy Esquivel as a client years ago because he realized that Andy was not only a fraud, but also crazy. Leonard was the first of Andy’s string of lawyers to abandon Andy as a client in disgust.]
Andy Esquivel’s imagination still going
Posted on May 17, 2013 in Andy Esquivel's Scams
Just in case there was any doubt left in the world that pathological lying sociopath and convicted felon Andy Esquivel is completely insane, here’s a post from one of Andy’s blogs to dispel all doubt.
Andy pitched how important a car plates network was for future “Driverless Cars” at CES show 2007. Allen Brady “How would you call a Driverless Taxi, on your smartphone “Just take a pic of the Taxi’s plate number & it will meet you at a safe pick-up area like The Long Rangers Horse” Xtagged system is worth Billions…
Now there are several obvious problems with Andy’s delusion. First of all, Andy never spoke at CES in 2007. In fact, I doubt he could even afford to go. If he did manage to scrape up enough money to go to Vegas that year and tried to talk to someone about “driverless cars”, he’d have been laughed out of the building. Second, there is no “Xtagged system”. Third, the idea of hailing a taxi by scanning it’s license plate before it arrives is ludicrous and not very well conceived. It’s the kind of thing only a drug addict like Andy Esquivel could dream up. Finally, “Lone Ranger” is spelled with an “E” not a “G” as in Andy’s post. The ranger was alone, not long like a pipe.
Andy is still clinging to the delusion that his imaginary company is somehow worth “Billions”, which is a fantasy he will likely still be clinging to when he’s shipped off to prison for securities fraud later this summer. The only question is whether Andy will try to impress the jury with his long list of imaginary inventions or whether he’ll go to jail quietly without so much as a whimper.
WISER TECHNOLOGY SOLD!!!
Posted on April 18, 2013 in Andy Esquivel's Scams Wiser E-Cigarettes
Well not really, but in the following email [PDF] from Andy Esquivel to his e-cigarette supplier in China, Andy CLAIMS to have sold Wiser technology to some people with “lots of money” and tries to convince his supplier to reduce the size of his order because the $4,000 he managed to steal and Western Union to China was all he would be able to send. Andy’s supplier responds with a follow-up email [PDF] stating that they will not send any more e-cigarettes until Andy wires the balance owed.
William I sold Wiser technology I am under contract and I cannot talk about it, until my attorney says it’s ok. And the new owners have lots of money you don’t want to lose this account its big just send the difference in e-cigs send half of both batteries any color, NO mint! if you want they don’t care they want to carry both anyway William and they will order from you they are just spooked about giving more cash money. I will make you a deal you send 230 and I personally will western union the rest of money just as I did before with $4.000 I told you in email that they told me not to western union the money and I did anyway of my own personal money.
All of this is an obvious scam. If Andy had really sold Wiser technology (which didn’t legally exist at the time) to a group of people with lots of money’ then why was he having such a hard time coming up with the rest of the cash for the e-cigarettes he ordered…which were the company’s only product? What did Andy do with the money from the supposed sale? If he sold his company, then why didn’t he have enough money to pay his ex for back child support (I’ve already sent a copy of this email to ORS)? Why couldn’t he pay the scammed Utah investors back?
The bottom line is, Andy Esquivel is a very talented liar. It takes a lot of guts to spout nonsense that is so utterly unbelievable and to be able to keep a straight face so that people actually wonder if there’s a shred of truth in what you are saying.
NO PRESS PLEASE!!!
Posted on April 16, 2013 in Uncategorized
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 <lmartinez@denverlegalteam.com>
Date: Thu, October 21, 2010 11:30 am
To: rdunn@wiserecigarette.comIf 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.
Andy Esquivel brags about stealing $175,000!!!
Posted on April 11, 2013 in Andy's Threats Trial Updates
As we get closer to trial, it helps to understand the scale of the scams Andy Esquivel has been perpetrating for the last three years. In order to help the readers of this blog understand the extent of Andy’s crimes, I’d like to share the following email [PDF] which Andy sent in April of 2011. In this email, Andy Esquivel actually brags about having stolen $175,000 from “investors” in Xtagged. Note, Andy does not call them “owners”, but INVESTORS! That is an important thing to observe because up until now the main argument in Andy’s purported legal defense has been the notion that he “never took no investors” and “never sold no securities” and that in fact all of the people who gave him money for shares in Xtagged were “owners”…which is effectively another way of saying the exact same thing.
Here’s an excerpt from the email:
The day I took you to Leonard Shar
remember… and Leonard didn’t want to talk to
you and you just went back and met him. Why
would he not want to hear your testimony bro
look what happened to you Shar when your
colleagues found the blogs about the S.E.C and
Andy the scammer. I only had $175,000 in
investors big deal that was my budget for
three years www.bump.com has put 1.1 million
in to bump in one year bro!!! Shar that day you
went to Leonard’s office he had told me that
the S.E.C did not even start a investigation…
Seven moths later!!!!!
If you ask me, it looks like Andy needs to get his story straight before he tells it to the judge. Were these people ‘investors’ or were they ‘owners’ or does it really make a difference? If Andy has any hope of getting this case thrown out before May 14th, then he probably needs to review his email and make sure he hasn’t spammed anything to the world that is going to contradict his witness testimony on June 12th.
Andy Esquivel DEMANDS that “fake” securities fraud case be dropped “A.S.A.P!”
Posted on April 11, 2013 in Andy's Threats Trial Updates
Andy Esquivel gets tough on the court! On April 10th, Andy posted the following on his Diigo blog:
04/08/2013 Ladd Q. (6924 read) – karmacause@ymail.com – WHY are the plaintiffs paperwork called securities but not Ladd’s, Allen’s, Jeff’s, etc. all true Xtagged owners want this fake securities case dropped A.S.A.P!
As you can see, Andy is mad! He wants to know why Allen Brady, Jeff whats-his-face, and Ladd Quayle’s Xtagged paperwork aren’t referred to as a “securities” while Ryion, Chris and Kyle’s paperwork is. That is a very good question, and it’s probably something Andy can ask the court on May 14th at his pre-trial hearing. If Andy is forceful enough about this apparent discrepancy, he might actually be able to convince the judge to throw the case out prior to the June 12th trial date. Andy might consider presenting the judge with paperwork for all current and past owners of Xtagged and Wiser Technology to bolster his case. If the court is so convinced that Ryion, Kyle and Chris’ paperwork all constitute ‘securities’, then you would think that the courts would have said something about the paperwork of those other owners as well. I’m sure there’s a valid reason why only the paperwork for these three defendants was considered when bringing securities fraud charges against Andy, but he has a right to know what those reasons were.
Good luck Andy! Maybe you should consider writing a letter to the court via the clerk’s office to expedite the process. You’ll have to include all the subject paperwork as to add weight to your case for a dismissal, but at least you won’t have to wait until May 14th for a decision.
Andy Esquivel officially pisses off the court!!!
Posted on April 10, 2013 in Andy's Threats Trial Updates
On April 2nd (a week ago) we posted here on this blog an email in which Andy Esquivel basically thumbed his nose at the Davis County Court and openly refused to comply fully with a motion for reciprocal discovery which the prosecution filed last year. The motion was reiterated last month in a hearing in which the court went so far as to give Andy a deadline for compliance with the motion. In non-legal terms, Andy was required to hand over all evidence to the prosecutor, including witness names, addresses, phone numbers, expected testimony, any exhibits he intends to present at trial, etc. In response, Andy sent an idiotic email to the prosecutor claiming that he wasn’t going to fully comply with the order because 11 supposed “owners” of Xtagged who are supposedly going to testify at trial “don’t trust you guys!”
In response to Andy’s failure to fully comply with the prosecutions motion and to Andy’s ridiculous (but typical) email, the State of Utah filed a Motion to Compel [PDF]with the court, demanding that Andy immediately hand over a full witness list, each witnesses relationship to the defendant (ie: Jobita Berriel – Andy’s Mother, Sindy Monzano – Live-in Girlfriend, John Steer – Cousin, etc…) so that the court can determine their objectivity and potential prejudice, contact information for each witness so that Davis County Prosecutor Nathan Lyon can get depositions from them if required, AND ALL DOCUMENTATION OR EXHIBITS Andy is pretending to be holding out on until trial. If Andy fails to comply with the pending court order, he could be barred from presenting any such evidence in court on June 12th.
The Prosecutor attached a copy of the court order explaining what Andy needs to provide in exhibit A of the motion and also included a copy of Andy’s stupid email as exhibit B. This is the second time one of Andy’s rambling emails has been admitted as state’s evidence and made a matter of public record to show what a brainless moron Andy is for future reference in court.
How dumb can a criminal get? Hasn’t Andy learned yet that he can’t play games with the court and get away with it? Don’t be stupid Andy, hand over all evidence to the court immediately – unless of course you don’t actually HAVE any evidence and this is all just you pretending that you’re Perry Mason.
Leonard Martinez dumps Andy Esquivel as a client March 2011
Posted on April 10, 2013 in Uncategorized
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 <lmartinez@denverlegalteam.com>
Date: Mon, March 28, 2011 6:33 am
To: Karma Cause <karmacause@ymail.com>
Cc: law firm <info@denverlegalteam.com>, beck
<Rdunn@wiserecigarette.com>, Shar <wiserman@wisertechnology.com>,
“Steve klemark@denvergov. org” <Steve.klemark@denvergov.org>, John Steer
<xtagme@gmail.com>
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
ph 303.623.3300
fax 303.623.3550
lmartinez@denverlegalteam.com
Andy Esquivel claims to extort $250,000!!!
Posted on April 10, 2013 in Andy's Threats Wiser Technology Xtagged
According to an email sent to his supporters on January 7th, 2011, Andy Esquivel managed to extort $250,000 from investors in Colorado AFTER the nearly $250,ooo we’ve shown that he managed to steal from previous investors in Utah. This is an important development because it proves either that Andy Esquivel had enough cash on hand to pay child support in 2011 (although he told the court on April 3rd that he did not) or that Andy Esquivel is a very good (and brave) liar!
Here’s the full text of the email for you all to inspect. Note: When Andy says “SEO” he means “SEC,” which in his illiterate mind means the Utah Department of Securities. The investigation he’s referring to is the one which resulted in the felony fraud charges he is now facing trial for.
——– Original Message ——–
Subject: Just got done with meeting Shar and Steve
From: Andres Esquivel <utxpatrol@ymail.com>
Date: Fri, January 07, 2011 4:50 pm
To: (…the whole world bcc)
Hey just letting you know that we all thought the SEO had started investigation the guys blog it so
much that its confusing how the SEO did not tell them to stop or you even I have my family
colleges all think there is SEO investigation going on so I am confused also! So Steve is a little
uneasy that nothing been done for now rep me only they say they are going to get council For
Wiser Technology Inc And Scam.com law suite and they have asked me to meet with Shar’s
Attorney on wedsday so I said yes and they so you dont have to be there! tThey gave me
$250,000 cashiers check Shar is with 5 links he has already told them he will be in control of 25%
WiserTechnology once it is Incorporated Steve and him already have investors on the ball that is
why it is so important to kill the bull crap when i first hired you and we put you pic on
wiserTechnology no one blogged a thing about Wisertechnology and then when they were calling
you and you were not giving them a definite awser they started blogging against everything and then
i sent out edited receipt from you and they stopped again until Daryl told the dummy’s that the
receipt was for my car wreck and that it was for $400 daryl said so they all started again so i finally
ended everything by sending the unedited receipt and the new that the man who they knew as
Wiserman and they are all now blogging that as soon as wiser man finds out that Andy is a scam he
will be suing Andy too they bogged that so i used my chest Piece and sent no only your unedited
receipt but a video from Shar telling who he is and leonard his family is big they live next door to
the lutenute Governor he took xtagged to all his dads connections and his name also got smeared
when Daryl started all the xtagged bloggs So me Steve told Shar to not let them know who he was
because we had a plan.
Thank You Much! Andres Esquivel
Sent with Chimera WiserPhone..
Andy Esquivel thumbs his nose at the court (again)
Posted on April 2, 2013 in Andy's Threats Trial Updates Wiser Technology
Pathalogical lying sociopath and convicted felon Andy Esquivel gave us all another reason to peg him as the dumbest human being alive today by sending out a hilarious email in which he basically thumbed his nose at the Utah court system and openly refused to comply with an order to fully comply with the prosecution’s mutual discovery motion. In the email, Andy basically claims that although the “11 owners” of the Xtagged scam have evidence which will be presenting at trial, he won’t hand it over to Davis County Prosecutor Nathan Lyons because “they don’t trust you guys.”
Earth to Andy – This is a criminal trial and you’ve been ordered by the court to hand over all evidence to the prosecutor. Holding out a few slips of paper because you claim your supporters “don’t trust” the court is basically contempt. Not only could you be cited and fined for withholding evidence, but you could actually find yourself in jail prematurely simply for refusing to comply with Judge Connors’ order. Furthermore, any evidence which you fail to hand over to the prosecution will not be admissible at trial, but you probably already knew that right?
Andy goes on to accuse Davis County of “racism” (big surprise) and claims he’s going to ask the judge to move the trial to another venue because everyone in Utah is so mean to him. Here’s a copy of the full email:
From: “Karma Cause” <karmacause@ymail.com>
Date: Apr 2, 2013 11:25 AM
Subject: Allen delivers my evidence 03/21/13 one year after…
To: “Deputy Attorney”, “Utah Investigator”, “steve.klemark@yahoo.com” <steve.klemark@yahoo.com>, “John Steer” <xtagme@gmail.com>, “shar” <bossmarketing2011@gmail.com>, “Jobita B” <cogotavon@gmail.com>, “chue berriel” , “j_park32” <j_park32@yahoo.com>, “Daris Garner” <garndari@gmail.com>, “Talor” <taylorjoness@gmail.com>, “saeed” <Abcaisauc@yahoo.com>, “Chris E. 1” , “MOM2” , “beck”
Cc: “Digital I-D filed” <file@digitalinternetdna.com>, “leo” <lmartinez@denverlegalteam.com>, “Steve K” <legal@wisertechnology.com>, “Adam Platt” , “shar” <bossmarketing2011@gmail.com>To: Mr. Lyon & Xtagged owners.
Allen Brady told me that he delivered my bundle of evidence Xtagged, Inc. papers etc.03/21/2013 exactly one year after the plaintiffs committed massive perjury on the stand.http://youtu.be/Hgxf10J-Vo0 <<<—– Video evidence of plaintiffs committing witness tampering.I have attached attorney Albrights text lie & the 2009 $2,500 cashiers check to Ryion Butcher that was given to Logan Laws to give to Ryion because Ryion was combative and wanted to fight because he was to be bought out by a black guy Shar Jenkins (Ryion is extreme racist witness: Jeff Nicklaus he went to school with Ryion) that’s why white Steve Klemark from the Denver PD Halo project I attached his ID, well Steve Klemark made $5,000 money order for Ryion Butcher Oct of 2009 and Ryion Butcher wrote back to Steve Klemark:Look at this email from Ryion Butcher 1% owner of Xtagged I was going to post one from Chis E. my attorney ask me not to. Only Media
———- message ——————-
From: ryion butcher <workkhardd@ddd.com>
Date: XXX at 11:36 PM
Subject: RE: XXX!
To: xtagged@gmail.com, xtagme@gmail.com, utxpatrol@gmail.com
Cc: xtaggedtrainer@gmail.com, dale <party@costs.com>, rdunn@wiserecigarette.com, beckiedunnz@aol.com, allenbrady@xxx.com
Private until court!!! XXX!
Look below how Ryion signs off!
Sincerely,
Ryion Butcher
1% Owner XTagged –
Entitled to 1% of all dividends and profitsWorld Peace!
Please keep in mind Mr. Lyon that the evidence bundle I gave you does not have evidence from all 11 other Xtagged owners until trial they don’t trust you guys because of Holje & Albrights lies but they will be at trial with videos.
Steve Klemark bought Xtagged.com in 2009 and Holje nor Albright ever contacted Steve, Rebecca Dunn Xtagged CEO 2009-2011 she has never been contacted.
I am going to request new pretrial date asap now that you have seen 2008 Xtagged, Inc paperwork all legit and proof of perjury & witness tampering on behalf of the plaintiffs & Daryl Acumen. I believe if this case is not dropped asap I can asked the judge to move this trial to another court based on my evidence of extreme prejudice.
Oh here’s the link that proves extortion by Ryion & Kyle: http://www.karmacause.info/John_Richards-AngelList.phpHave a great day Andy Esquivelhttp://wisertechnology.com/Home_Page.phphttp://www.karmacause.info/https://www.diigo.com/user/xtagged(Key media bcc)WWW.KARMACAUSE.INFO
Andres Esquivel KarmaCause CEO:
Sent with my Xraza-phone
There are so many ways we can make fun of Andy after he sends out emails like this one: Whyis it that none of these “Key media” personalities who are always “bcc” on all of Andy’s emails ever show up for any of his
hearings? Why is it that nobody’s ever seen this mythical “Xraza-phone” that Andy claims to use to send these emails and if there is a such thing as an “Xraza-phone”, then why did he lie to Judge Connors and tell the court he “don’t carry no phone”? Why haven’t we hard from Steve Klemark in ages except through fake Linked-In profiles and secondary references from Andy? Is the Denver Police Department really ok with Andy showing off scanned copies of Steve’s security badge to promote his own criminal activity?
In other news, Andy has a hearing tomorrow at 3pm with the Jefferson County Court in which he needs to explain why he has failed to comply with a lawful order to pay child support. As I write this, Andy owes over $20,000 in back child support for the first two of his six children and hasn’t made an effort to find a job so that he can pay the amounts which he continues to owe monthly. Andy asked for tomorrow’s hearing to buy himself more time since he has no intention of seeking work, but he has no grounds on which to argue for a reduced payment or a reduction in the amount he already owes. IN fact, Andy’s child support liability was based on minimum wage employment specifically because the court was unable to verify ANY kind of legitimate employment for Andy in the last ten years. Andy’s continuous threats of legal action and “jail” made repeatedly to members of the Colorado Child Support Enforcement office which is handling this case have not deterred the state’s attorneys or impressed the judge. For an overview of the child support case proceeding against Andy, click here [PDF].
Con-artist tries to profit from Erica Forney’s death!
Posted on March 14, 2013 in Andy Esquivel's Scams Wiser Helmet
Of all of Andy Esquivel’s fake inventions, this one has to be the most pathetic! It’s a bicycle helmet that Andy bought from Walmart, photographed, added a sticker to with a cheap photo editor, and then tried to pass off as a serious invention that he claims to be donating to a dead child in Colorado…sick! Here’s the product description in Andy’s own words.
There are two Buttons on the helmet: (1) MY & (2) SUNSHINE. As the child pushes the buttons together, the lock mechanism that holds the helmet to the bike seat releases. Both buttons must be pushed at the same time. When pushed correctly, a tune to ‘You are my sunshine’ plays as the child is putting on the helmet . A built in sensor then recognizes that the helmet is in place on the head of the child and turns the music off! This was developed for and will be donated to Karma Cause Erica Forney Foundation!
Using the death of a child to pump up your own scams is disgusting. Doing so in this cheap a fashion is just plain wrong. Andy Esquivel should go to jail for this disgrace alone, but the jury likely won’t hear the story because Andy will be too ashamed to share.
Pathological liar can’t keep his lies straight…
Posted on March 13, 2013 in Andy Esquivel's Scams Andy's Threats Xtagged
The trouble with pathological liars is that they can never keep their lies straight. Case -in-point is Andy Esquivel’s ridiculous claim that I once worked for him at Xtagged. Andy has repeated this story over and over again ad-nauseam and I’ve repeatedly refuted the story by pointing out that I was working for Omniture at the time and the chances of me leaving a lucrative career at a company on the verge of a successful IPO to join a con-artist at a fictitious company that owned a website that generated only a tiny fraction of the traffic I was driving on my own entertainment website were exactly zero! Andy claims that my supposedly being fired from his scam explains why I’m so determined to see him brought to justice for his crimes.
The latest installment in this gag is the following post on Andy’s Diigo blog. I’ve atatched a screen capture to this blog because I’m sure Andy will delete the post once he realizes how stupid it sounds.
Daryl Acumen was fired from Xtagged 2006 and tried to come back but Allen Brady told him NO in 2007 at Xtagged club PlayGround. Daryl then started Xtagged smear/slander campaign which excelled big time in 2009 because of Bump.
Andrew Phipps filed patent May of 2010 after he was convinced Xtagged conspiracy was sending Andy to prison falsely! Andy has phone call recorded with Andrew Couch 2008-2009 Andrew says “Andy if you are not going to join with us give me your address so I can send you cease & desist order because we already filed patent before you” Liar Liar Liar…
The MySpaceTagged website as it looked in late 2007 when I first met Andy Esquivel. Notice the Skybar banner copied from PartyUtah.com and the advertisement for a fake reality TV show in the upper right-hand corner.
Even though every word of this post by Andy is a lie, my favorite part is the first sentence: “Daryl Acumen was fired from Xtagged 2006 and tried to come back but Allen Brady told him NO in 2007…” Now, never-mind the fact that “Xtagged.com” wasn’t even registered as a domain name until October 26th of 2007, the fact is even if I was dumb enough to accept a ‘job’ from a convicted felon like Andy Esquivel in 2006 it would have been impossible because I didn’t even MEET Andy Esquivel until the Winter of 2007!
In mid 2007 Andy Esquivel stole a banner from my website to promote a nightclub in an effort to get free drinks from the owner. The owner asked me to talk to Andy to find out if he was legitimate later that year. I finally met Andy in November 2007 and by late January 2008 I was beginning to realize he was actually a scam. I have photographic proof to substantiate my timelines, including a photo of my license plate taken January 27th, 2008 at Andy’s request, but I’ll save them to embarrass Andy with in the event I’m called to testify at his fraud trial in June. The entire scope of my interactions with Andy Esquivel and his Xtagged Scam, prior to his offer to buy PartyUtah.com from me for $150,000 in 2009, was the three months from late November 2007 until February 2008. It took me a little over two months to figure out that Andy Esquivel was a con-artist and his Xtagged website was a scam, but it wasn’t until 2010 that I would learn the full extent of his criminal activity and be inspired to help bring him to justice. It’s a shame the real owners of the now defunct “Club Playground” aren’t around to testify to Andy’s attempts to defraud them, but I suppose three felony counts of securities fraud will have to suffice for now.
2/26 Pretrial audio online now!
Posted on March 9, 2013 in Andy's Videos Trial Updates Wiser Technology Xtagged
The audio transcript of Andy Esquivel’s February 26th pre-trial hearing is online now exclusively at Xtagged.co!
Andy has been bragging on his various scam blogs that you can call the court and order “video” of the proceeding, but (as usual) Andy is lying. No video is available of the hearing, only the audio we provide here.
The hearing went pretty much as expected: Andy kept insisting he was innocent, indicating that he probably won’t plead ‘Guilty’ until he very last minute. The judge noted Andy’s intention to represent himself, but explained that he will still be required to follow the protocols of the court, and Andy agreed. A trial date was set for June, which was the earliest they had available. The prosecution pushed a 2012 motion for reciprocal discovery which Andy still has not complied with – meaning that Andy still hasn’t provided the prosecution with his “evidence”, case overview, or a list of potential witnesses for trial. Andy tried to pin the blame on WIlliam Albright, but his former public defender was quick to point out that (a) Andy had a copy of everything he gave to his investigator and (b) the point is moot because the motion is for Andy, not Albright, and it’s Andy’s responsibility to comply. The court agreed and gave Andy a hard deadline of March 26th to hand over all evidence, testimony and witness lists to the prosecution.
“Your Honor, here’s where we’re at: He needs to comply with the motion that’s been made by the state for reciprocal discovery. Whether he’s given me anything or not is moot because he’s got it! He’s got whatever he gave me. He gave me copies if he gave me anything at all (or my investigator), so what’s before the court right now is he needs a timeframe that he will comply with the motion for reciprocal discovery.” – William Albright
The highlight of the hearing was probably when Andy tried to make a big deal of the fact that trial had been postponed. He asked the judge to tell him who had a calendar conflict and thus couldn’t make trial ‘today.’ The judge was understandably confused and explained to Andy that today was a pre-trial conference, that trial was stricken at the last pre-trial (which he missed) and that all the details were discussed in his absence…which apparently Alan Brady failed to convey. At first Andy even pretended not to be aware that trial wasn’t going to begin on the 26th, even though he’s posted such several times across the web over the last several weeks. The funniest part was when Andy started to tell the judge that he had “all [his]witnesses” present and ready to go, even though only Alan Brady and some woman described as an “older, heavy-set Latina with bad hair” were in the courtroom. Shar Jenkins, John Steer, Steve Klemark, and Ron Kelsay were all noticeably absent.
Andy has been claiming that a slew of potential witnesses (including Rebecca Dunn) will be testifying in his defense. If that’s true, then Andy has until the 26th to notify the prosecution so that the court can prepare for their testimony…otherwise they will all be forbidden from testifying and Andy’s evidence will not be permitted in court. Obviously whatever was in the shoebox Andy gave to Nathan Hurst, the public defender didn’t find it very actionable. It will be interesting to see what Andy does next.
Since Andy is now acting as his own counsel, his contact information is a matter of public record. That information as provided to the court follows:
Andres “Andy” Esquivel
990 Upham Street
Lakewood Co. 80214
(770) 779-4737
Andy Esquivel rants about former public defender
Posted on March 4, 2013 in Andy's Videos Uncategorized
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 explains why he’s broke…
Posted on March 2, 2013 in Andy's Threats Ron Kelsay Xtagged
In a recent email, Andy Esquivel tries to explain to his followers why he’s broke. According to Andy, it all my fault and it has nothing to do with the fact that he hasn’t bothered looking for a job in the last 10 years. He also continues to promise easy riches from a huge “lawsuit” that’s eminent, even though Andy can’t even afford an attorney to represent him in his criminal trial.
“FYI especially all of you that was helping Xtagged in 2009 we do have a multi-million $ lawsuits against Bump & scam.com we all should have been living good by now it’s because of Daryl helping bump slander Xtagged you were cheated. when you call please let us know the movie producers wants to interview all who call officer Metcalf in American Fork thx.”
As you can see, Andy is also still clinging to the fantasy that he’s the subject of an upcoming Hollywood blockbuster that will rival “The Social Network” in US ticket sales. He’s also supposedly orchestrating a huge criminal case against me in American Fork for exposing all his businesses as scams and costing Utah taxpayers billions of dollars in tax revenue.
In another part of he same email, Andy pretends to be Shar Jenkins claiming “I will be monitoring emails for Andy while he’s on a month business trip thank you all!” It funny, but when I am on business trips I monitor my own email. I guess Andy likes pretending that he’s too rich and too important to check his own messages. I wonder where And’s pretending to be?
And in other news Andy claims to have developed an iPhone app to expose corrupt lawyers like the ones who kept encouraging him to take a plea deal rather than going to trial. I have an iPhone5 and I couldn’t find any such app in the iTunes Store, but Andy provides a fake link to a non-existent page to prove that it’s actually legit. Maybe Andy will provide a screen shot of this fake app for us to share…then he can explain to the world how he can afford to develop such sophisticated software when he can’t even afford to pay child support.
New trial date set in Andy Esquivel’s securities fraud case
Posted on February 28, 2013 in Trial Updates Xtagged
A jury trial date has been set in the felony securities fraud trial of Andres “Andy” Esquivel. At the pre-trial conference on February 26th, Andy waived his right to counsel and informed the court that he intends to represent himself. A final pre-trial conference has been set for May 14th, followed by a 3-day jury trial on June 12th – 14th. Judge Connors will preside over the trial.
In a preview of what is to come, immediately after the trial Andy Esquivel filmed a crazy, ranting video immediately after the hearing in which he insists that the trial will never happen because the prosecutor keep stalling the case. He also introduced star witness Jeff Parker, who nobody has ever heard of. Speaking on the subject of Tuesday’s hearing, Andy Esquivel wrote:
“…Jeff Parker shows at court – YouTube. Holje & Albright are both connected to CORRUPTED PROSECUTOR J.C Ynchausti that covered up the attempted murder of John Steer when he was struck in the head five times by a que ball at hero’s. This is why I told judge Connors at pretrial I can not trust attorneys“
As soon as the audio transcript is available, we will post it for everyone to see.
Andy Esquivel introduces Jeff Parker
Posted on February 27, 2013 in Andy's Videos Trial Updates
Andy has released a new video introducing Jeff Parker, a former investor in the Xtagged scam who is either not smart enough to recognize the fact that Andy is about to be convicted of fraud or who simply doesn’t care. This video was shot (by Andy because apparently Ron Kelsay has given up on his documentary featuring Andy and has stopped following Andy to Utah every other week) yesterday immediately after court. It includes claims by Andy that the court refuses to tell him who asked for a delay in the trial (which is a matter of public record), and that Albright never interviewed Jeff Parker who he claims is an essential witness in his defense.
Anyway, Andy goes on to talk about Dakota Iverson, who has recently learned about these criminal proceedings from this blog and has started attending the pre-trial hearings out of curiosity. Andy attempts to dilute Dakota’s testimony that Andy ripped him off of wages at Xtreme Sushi by accusing Dakota of “stealing” his “$2,000 basketball.” I personally think that’s one of the funnier claims that Andy has made in his defense.
A $2,000 basketball Andy? Seriously? Maybe you should include that in yoru courtroom testimony…see how that impresses the judge.