Andy is flat broke. He is unemployed. He lives with his mom. He’s collecting a few hundred dollars a month in unemployment (see this unemployment report which Andy filed with the court in November). He’s got judgments against him of over $37,000, including $24,000 in back child support. He’s been convicted of two felonies and has only narrowly avoided jail time. Yet in spite of all this, Andy keeps playing with fire!
In Tuesday’s hearing before Judge Connors, Andy was presented with the facts. He owes over $13,000 in restitution and fines, he was allowed to make payments of $500 per month, he failed to make those payments (because he couldn’t afford it) and now he’s $1,550 behind. The judge is giving Andy a lot of rope. He gave Andy one last chance to make arrangements with the court after Andy blew off his probation. Andy was in a pickle. He needed to explain to the Judge how he was going to catch up in order to keep from going to jail.
Promise Judge Connors that he’ll have the entire $13,203.71 (and counting) paid off within the next 45 days. Here’s a guy who crying to ORS because he can’t afford to pay $460 a month in back child support, has no verifiable employment, doesn’t own a car (and doesn’t even have a valid Utah driver’s license, so he couldn’t drive one if he did), lives off of his girlfriend, and yet he’s promising the court that he can come up with $13k in a little over a month? Not only that, he’s literally betting his freedom on it.
So on February 28th, Andy is going to walk into a 2nd District courtroom and explain to the prosecutor and the Judge why (a) he lied to them about being able to cough up a wad of cash thick enough to choke an elephant, (b) why he hasn’t been making his agreed upon payments for the last four months, and (c) why they shouldn’t violate him to jail immediately and throw the key into the Jordan river.
GOOD LUCK with that, Andy.
Here’s the courtroom audio for those who are curious.
Andy apparently thinks this can go on indefinitely. He seems to have convinced himself that if he throws out enough BS and plays dumb long enough, the court will eventually get bored and let him walk. Unfortunately for Andy, courts are patient and courts are final. He may be getting a lot of rope, but that’s not for him to escape with – it’s for him to hang himself with. At some point (after the very last bit of doubt has been erased) the courts will clamp down and Andy will feel the sting.
In the meantime, Enjoy your freedom, Andy. You have 42 days to prove you’re real (which you’re not). After that, this blog is going to get really entertaining.
UPDATE: Andy showed up with eight hundred bucks ($800). Court audio coming soon.
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.
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?
Poor little Andy Esquivel appeared for his pre-trial conference on Tuesday morning and finally admitted that he’s too broke to pay an attorney and that he isn’t capable of representing himself.
In the latest case update (obtained by Xtagged.co from the court and uploaded here) the court found Andy Esquivel to be “indigent” (adjective: [in-di-juhnt] – lacking food, clothing, and other necessities of life because of poverty; needy; poor; impoverished) and incapable of paying for his own counsel. The court therefore appointed Andy a public defender to help represent him at the upcoming trial. Another pre-trial conference was scheduled for August 28th with the new state funded (free) lawyer.
Below are the minutes from the pre-trial conference for review:
The parties are unable to reach a resolution.
In other words, Andy, being broke and unemployed, can’t afford to accept a plea deal because he’d have to pay the victims back with money he doesn’t have and can’t scam from his uncles and aunts, who are now onto his criminal activity – thanks in no small part to this website.
Defendant requests to proceed with the trial and will represent
Mr. Lyon indicates he had advised the defendant the Right to
Counsel and asks the Court to recite the defendant’s rights to him.
The Court advises the defendant of his Right to Counsel.
Defendant acknowledges his rights and waives his Right to Counsel.
Defendant requests to proceed with the trial.
Based on the record, the jury trial scheduled for October 24, 25,
and 26, 2012 at 8:30 a.m. will go forward.
TIME: 1:15 PM
This matter is recalled on the court’s calendar.
Andy is adamant that he wants to go forward with the trial and represent himself. Nathan has tried to explain that he’s facing serious charges and should really take the public defender, but Andy refuses for two reasons:
Mr. Arrington indicates that the defendant has changed his mind
and would like to be represented by counsel.
Key phrase in this notation: “defendant has changed his mind.” That represents a recurring pattern for Andy. Once upon a time Andy had investors, sold Xtagged for millions of dollars, launched an e-cigarette at a casino on an infomercial in front of a studio audience, was suing various people using teams of lawyers from his offices in Los Angeles and Las Vegas, had sold out his entire stock of an alcoholic energy drink, etc… All that changed at some point because Andy Esquivel “changed his mind.”
Defendant is indigent
and requests a public defender to represent him.
In other words, Andy is BROKE!!! He doesn’t have a job and lives with his mother. Poor guy. If you have any questions about this assertion, just watch the last video Andy published where morons-in-common Allen Brady and Ron Kelsay admit that they had to bail Andy out of jail and where Andy brags that he will not be paying them back because it’s against his principles.
requests the Court to appoint Mr.
Albright to represent the defendant.
State has no objections.
Under the circumstances, the Court grants the request and appoints
Mr. Albright as public defender. Mr. Arrington will notify Mr.
Andy’s NEW, new attorney is William Albright.
A pretrial conference is set for 8/28/2012 at 8:30 a.m. The Court
will leave the jury trial dates in place until Mr. Albright has had
a chance to review the case.
Andy’s new attorney is going to try to convince Andy to plead guilty to avoid spending time in jail, since the evidence is overwhelmingly stacked against him. A deal isn’t likely however because Andy can’t afford to pay the Utah victims back and this would doubtless be a condition of any plea deal his attorney negotiates. It would also of course require Andy to admit to the world that he is a fraud.