As everyone who’s been following this blog knows, years ago three scam victims of Andy Esquivel banded together and filed a complaint alleging that Andy improperly sold them shares in a scam he was running at the time called “Xtagged”. This blog was instrumental in organizing those victims and served as a central distribution point for all evidence against Andy and his accomplices.
We all know the results: Andy plead guilty to two 3rd degree felony counts of securities fraud, spent some time in jail, a little more time in a mental institution, and was eventually ordered to pay his victims back over $13,000 plus interest. The outcome of case #111701135 has been the central theme of this website for years, but there’s a little known side story that everyone (including this author) completely forgot about.
You see, BEFORE the Davis County Prosecutor’s office formally filed charges against Andy, in fact before any of this was even in the hands of the Davis County Prosecutor, it was first handed over to the Utah Department of Securities. That’s right, for those of you who don’t remember, the ORIGIN of this case, immediately after the Bountiful police department, was a state agency specifically charged with enforcing state securities and exchange law.
The Utah Department of Securities (UDS) reviewed the evidence handed over to them by the Bountiful police department very carefully and made a recommendation for prosecution to the Davis County Prosecutor’s office. Before the first hearing was ever held in case #111701135, Andy was required to appear before the Utah Department of Securities and to try to explain why he shouldn’t face disciplinary action by that agency. Andy met with the UDS and along with Allen Brady, made a complete fool of himself. Video and blog posts about that meeting can be found elsewhere on this website.
The UDS proceedings were ultimately put on “hold” pending the outcome of the criminal case against Andy. Everybody forgot about it, including me! I did make note the Utah Raves thread that was the predecessor of this website explaining that UDS would be holding a hearing immediately after the case was resolved to determine what acton (if any) should be taken against Andy, but that was the last time anybody has said or posted anything about those proceedings…until now.
Hold onto your hats and sit down!
Unfortunately for Andy, the Utah Department of Securities DID NOT FORGET ABOUT HIM!!! Just as they informed Andy back in 2011, UDS did in fact hold a hearing immediately after Andy filed his plea deal in Davis County’s 2nd District Court. That hearing was held on March 25th, 2015 @ 9:00am and Andy failed to attend.
On March 25th, UDS Enforcement officer David Hermansen filed a “recommended order on motion for default”, to which the presiding judge responded in the affirmative. On March 26th, that motion was granted and a default order was filed.
What the order states in brief is that (a) Andy Esquivel did in fact knowingly sell “securities”, (b) that those “securities” were fraudulent, and (c) Andy is responsible for the consequences of his actions. The Utah Department of Securities therefore ordered that Andy pay $16,325 in penalties! $3,250 was due immediately, while the remaining $13,000 could be reduced on a dollar-for-dollar basis by proof Andy Esquivel was instructed to provide within 30 days of reparations payments made to his victims. In other words, by April 25th, 2015 (two years and seven months ago), Andy was required to prove that he had payed something to his victims or he would be liable for the full $16,250. Andy never provided any such evidence, because at that time he had in fact not paid a dime in reparations to his victims. Thus, the full judgment currently stands.
In addition to the financial penalties against Andy, he is barred forever from selling securities in Utah or having any dealings whatsoever with licensed securities dealers. That means all the fundraising efforts Andy is currently undertaking for Smiley Heroes are illegal and will very likely get him further disciplinary action by UDS.
Before I wrote this post, I was under the impression that including child support, Andy Esquivel owed approximately $29,291.03 in various judgements and fines for his criminal activity. Now I understand that the actual amount is $45,541.03!
Andy, if you are reading this, do yourself a favor and contact the Utah Department of Securities at (801) 530-6628 immediately to make arrangements to satisfy this judgement. Reference case#SD-11-0033.
I will be updating the total owed on the homepage to reflect this new information. I’m sincerely sorry for not following up on the UDS case against Andy. I don’t know why it slipped my mind. At least we know exactly how deep of a hole Andy managed to dig himself into. At the rate he’s going, it will take him nearly eight (8) years to dig himself back out…good luck!
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!
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!”
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.
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!
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.]
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 <email@example.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..
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” <firstname.lastname@example.org>
Date: Apr 2, 2013 11:25 AM
Subject: Allen delivers my evidence 03/21/13 one year after…
To: “Deputy Attorney”, “Utah Investigator”, “email@example.com” <firstname.lastname@example.org>, “John Steer” <email@example.com>, “shar” <firstname.lastname@example.org>, “Jobita B” <email@example.com>, “chue berriel” , “j_park32” <firstname.lastname@example.org>, “Daris Garner” <email@example.com>, “Talor” <firstname.lastname@example.org>, “saeed” <Abcaisauc@yahoo.com>, “Chris E. 1” , “MOM2” , “beck”
Cc: “Digital I-D filed” <email@example.com>, “leo” <firstname.lastname@example.org>, “Steve K” <email@example.com>, “Adam Platt” , “shar” <firstname.lastname@example.org>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 <email@example.com>
Date: XXX at 11:36 PM
Subject: RE: XXX!
To: firstname.lastname@example.org, email@example.com, firstname.lastname@example.org
Cc: email@example.com, dale <firstname.lastname@example.org>, email@example.com, firstname.lastname@example.org, email@example.com
Private until court!!! XXX!
Look below how Ryion signs off!
1% Owner XTagged –
Entitled to 1% of all dividends and profits
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].
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…
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.
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
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.
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.
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 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.
I was surfing the web today and I stumbled across a series of exceptionally well made Andy Esquivel fan videos that I think you will all enjoy! In case you lose the link to this post, a permanent link to these videos is now included in the fan videos section under videos in the main navigation above.
After discovering our new Wiser Technology Scam blog, Andy Esquivel threw a lug-nut and sent the following hilarious email. Notice he send this email to William Albright’s investigator even though William Albright is no longer handling Andy’s criminal defense. Andy’s big point is that the Utah Department of Securities asked for a the trial to be rescheduled to avoid calendar conflicts with other trials. Andy takes extrudes from this a vast conspiracy theory that somehow ends in his eminent acquittal…go figure.
Re-posted here without edits (except to reduce the font size from the XX-LARGE that Andy likes to use for emphasis):
From: “Karma Cause” <firstname.lastname@example.org>
Date: Feb 23, 2013 7:22 AM
Subject: Daryl & Adam have started again…
To: “Utah Investigator” <Carl@landofhealth.com>, “MOM2” <email@example.com>, “A sweet” <firstname.lastname@example.org>, “email@example.com” <firstname.lastname@example.org>, “Adam Platt” <email@example.com>, “Alll” <firstname.lastname@example.org>, “law firm” <email@example.com>, “leo” <firstname.lastname@example.org>, “shar” <email@example.com>, “John Steer” <firstname.lastname@example.org>, “chue berriel” <email@example.com>, “Jobita B” <firstname.lastname@example.org>, “email@example.com” <firstname.lastname@example.org>, “Steve K” <email@example.com>, “ron” <firstname.lastname@example.org>, “Brian Doubleday” <email@example.com>, “firstname.lastname@example.org” <email@example.com>, “Talor” <firstname.lastname@example.org>, “Daris Garner” <email@example.com>, “j_park32” <firstname.lastname@example.org>, “sis2” <email@example.com>, “Jason Webb” <firstname.lastname@example.org>, “Jason Webb” <email@example.com>
Cc: “news 1” <firstname.lastname@example.org>, “news 2” <email@example.com>, “news 3” <firstname.lastname@example.org>, “news 4” <email@example.com>, “news 5” <firstname.lastname@example.org>, “news 6” <email@example.com>, “adam5news” <firstname.lastname@example.org>, “NBC Cal” <Tony.Kovaleski@nbcuni.com>Xtagged system is worth billions:“How would you call a self driving Taxi or Google car, punch in the plate number then it would return to your phones gps taxi area” just like the long rangers horse.
http://garythebus.blogspot.com/ <— Here they go again FYI Adam Sweet had me arrested to keep me from seeing the SEC judge ask Allen & Steve we recorded Adam Sweet lie over and over he told Allen he had never talk to him Allen goes off on Adam Sweet, Adam called us for meeting after the SEC judge I recorded it all! I have also published it all! FYI we have sent this to all our family members Allen is on speaker phone as we speak he is sending it to his family also I advise all Xtagged owners due the same immediately.Adam Sweet Lied! Adam had to have told Davis prosecutor they could not make trial.To buy more time and get trial continued!
Shar & Allen were told by Thomas Brady Adam Sweet will not be testifying as a matter of fact Thomas told Shar Adam Sweet should have never been at the pretrial.This video below Shar talks about his meeting with Utah SEC Allen Brady Thomas Brady & Adam Sweet:
Andy’s on a posting and email rampage after the creation of our new Wiser Technology Scam blog at Blogspot.com. He’s been posting replies and sending emails to supporters trying to win sympathy and make himself look less insane ahead of trial. Here’s a sample of what he’s posted and what I have replied:
AndyFebruary 23, 2013 at 6:01 AM
Your such a coward Daryl and you know this is all recorded. Leonard told us everything he knew Xtagged system was worth “millions & billions” just as you stated Daryl & Shar is witness to that, why would you state that, Allen Fired you in 2007 you had nothing coming and your mom gave you a chance to come back you told her to F–K OFF… you will go to prison for helping Andrew we all will make sure of it! Fyi Daryl’s email just got another notification!
Daryl AcumenFebruary 24, 2013 at 12:51 PM
1. Xtagged isn’t worth anything, much less “millions & billions” of dollars. What Shar Jenkins heard as I came off the elevator at your harassment trial in 2012 was the tail end of me explaining to my brother-in-law why so many of your followers were dumb enough to follow you all the way to Utah for a criminal hearing. What I said to him was “…[Andy has] convinced these brainless monkeys that if they continue to follow him around the country like a heard of infected cattle, he’s going to be acquitted of all fraud charges and that they’re all going to be worth ‘millions & billions’ of dollars.” One of your brainless monkeys happened to be standing at the elevator door as it opened and I finished my sentence and, having no brain, came to the ridiculous conclusion that I was telling someone that I thought your worthless Xtagged website was worth “millions & billions of dollars”. I have the entire conversation recorded because I took the precaution of keeping the Sony voice recorder in my pocket turned on while I walked out of the courtroom where you begged the judge for more time – just in case you violated your no-contact order and I needed to provide evidence of such to the police.
2. I never worked for Xtagged or any other such scam you’ve invented, so the idea that I was ever “fired” from one by Allen Brady is laughable! I’ve had a very lucrative career for the last few decades and I wouldn’t have accepted a job offer from a moron like you if you offered me the world as a signing bonus. What Allen Brady and I DID talk about over drinks at the Playground in 2007 was whether or not I thought you were a scam-artist. Allen was having second thoughts about working with you and expressed his doubts about your legitimacy at the back bar while I we waited for nobody to show up to some promotional event you begged me to attend. I told Allen that I wasn’t sure if you were legitimate or not, but that he should be patient with you. I said that even though I’d already determined that you were probably completely full of crap and that your little “Xtagged” venture would go nowhere because I felt sorry for Allen and I didn’t want to crush his hopes right there at the bar. Years later at the dinner table with his mother, I told him the truth.
3. My mother never asked me to join Xtagged. In fact, when I found out from my father that she’d told him I was leaving my job to join Xtagged in 2010, I laughed historically and assured him that not only wouldn’t I ever consider such a move (because I was convinced by then that you were a criminal and I love my job) but that I hadn’t even spoken to my mother in months to receive such a solicitation in the first place. The bottom line Andy is that you haven’t stolen enough money to pay my salary for one year at any start-up ever managed to invent…and that’s saying a lot because you’re a pretty good thief.
Why don’t you spend a little less time worrying about what I do for a living and a little more time looking for a job for yourself.? I hear McDonalds hires people like you – with a note from the state that says you’re not dangerous.
AndyFebruary 22, 2013 at 6:37 PM
Daryl your going to prison… cat got your typing fingers!
Daryl AcumenFebruary 24, 2013 at 12:57 PM
I’m not the one on trial for three felony counts of securities fraud carrying possible jail time, Andy. The likelihood that I’m going to prison for your criminal activity is exactly ZERO!!!
AndyFebruary 22, 2013 at 3:40 PM
Bwahahahahahahah! Its over DDDaryl your going to prison. John Steer ordered this equipment not I. Daryl Herpes Acumen stated by his mother look http://rebeccaondaryl.blogspot.com/ is so desperate he will try anything to manipulate you all just like the pic above Daryl’s wife Shirley was big METH head back in the day and a lot more… What DDDaryl does not show you is the fight that’s why my shirt is ripped in pic above. Daryl why don’t your own mother talk to you? Rebecca’s last statement:
“911 info from Rebecca Dunn herself, MR.Daryl Acumen called her CRYING: “Please mom don’t let them put me in prison, please I beg you, I’m sorry”
Rebecca: “I warned you Daryl, in the end Andrew, Ryion and Ladd would blame the nxxxxx”
John Steer can you confirm this bro! www.DarylAcumen.co
Daryl AcumenFebruary 24, 2013 at 12:11 PM
…um, yea. So anyway, let’s get some facts straight, shall we?
First of all, we have reliable testimony (from the mother of your two oldest kids no less) that YOU are the one with Herpes, Andy Esquivel. We also have it on reliable authority (USA-vs-Esquivel) that you are the one with a history of METH addiction. Your shirt is probably ripped in the picture above because you were in the midst of a cycle of domestic abuse, which is also well documented (Case#044901546 Domestic Abuse).
As for my mother, the fact is I haven’t spoken to her in years and neither have you. If you HAD spoken to my mother recently, you would know that she is in no condition to testify at your preliminary hearing on the 26th, as you assert in several of your blogs, or at your upcoming felony securities fraud trial. Every time you pretend to still be in contact with my mother, you make yourself look more and more silly – which is a hard thing to do considering you already look like a stooge. Also, my mother would never use the “N” word, even in the third person.
You’re a very entertaining soul Andy Esquivel, keep it up! I’m sure you will be the life of the party in jail.
John SteerFebruary 22, 2013 at 5:35 PM
WOW REALLY! This is John, every word out of Daryls mouth is a lie and needs to get his facts straightened up before he goes posting absurd blogs all over the internet! But dont worry, everything and everyone will be in place here very soon! Keep tryin Daryl, your effort is very hillarious! 😉
Daryl AcumenFebruary 24, 2013 at 11:45 AM
You’re the hilarious one John. You cling beyond all reasonable hope to the idea that your broke, unemployed, convicted felon of a cousin who’s under indictment for three felony counts of securities fraud (each of which carries the potential for serious jail time) will by some miraculous stroke of luck be acquitted at the last possible moment and that you and the rest of his mindless cronies will somehow become instant millionaires. In my book, that makes you an idiot.
Everything I’ve posted about Andy is backed up by reliable (usually sworn) witness testimony and/or certified public records released by a court of law. In most cases, including the one which you are responding to, I actually go to the length of posting scanned copies of the actual court documents which are the sources of my information. In the meantime, I’m accused by people like you, who among other things have been known to extort free labor from high school kids to line your own pockets with extra cash, of spreading “lies”?
Seriously? On what basis do you make that accusation?
Let’s review for a moment what constitutes a fact: A court judgement on behalf of a reputable corporation against a named defendant is a FACT!!! The judgement above contains Andy Esquivel’s name, not yours, which makes your opinion on the matter irrelevant.
When I say that Andy Esquivel is “unemployed”, I base the assertion on the FACT that the Colorado and Utah Departments of Recover Services have been unable to verify his employment in order to attach his wages for back child-support, or even verify any employment in the last ten years to estimate his liability.
When I say that Andy is broke, I base the assertion on the FACT that Andy is about to file papers with the court certifying himself “indigent” and in need of the assistance of a court appointed public defender (if he hasn’t already).
When I say that Andy Esquivel is a convicted felon, I base my assertion on the outcome of case #881000871 and #881919199 on which Andy Esquivel was convicted of felony burglary charges…and on the rest of his lengthy criminal record.
When I say (and I haven’t for some time, but let’s get this out of the way while we’re on a roll) that Andy Esquivel is a METH addict, I base the assertion on drug tests and expert testimony in federal weapons case USA-vs.-Esquivel in which Andy was found to have had significant amounts of METH in his system consistently for a period of some years.
So tell me John, on what basis do you make the ridiculous assertion that “every word out of [my] mouth is a lie?” …and please note that the words of a pathological lying sociopath don’t constitute ‘reliable’ evidence in any reasonable person’s mind, so you’ll have to think for yourself for a change.
Judge Connors and the prosecutors of the Davis County 2nd District Court have finally lost their patience with securities fraud defendant Andres “Andy” Esquivel. During the pre-trial hearing February 12th, the court issued a preemptive warrant for Andy Esquivel’s arrest should he fail to appear for the pre-trial conference scheduled for February 26th. It will no longer be acceptable for Allen Brady, Andy’s brainless side-kick from Draper, to appear on Andy’s behalf.
The court denied a request by outgoing defense counsel William Albright to set a pre-trial hearing a month out. The date was set for two weeks following last Tuesday’s meeting as a signal that this trial needs to move forward and further delays will not be tolerated.
The court granted William Albright’s request to be removed from the case because he has found the pre-trial activities of Andy Esquivel to be “repugnant”. Since Andy has not yet filled out the required “proof of destitution and poverty” paperwork allowing him to even use a public defender, nobody has yet been formally assigned to replace Albright. At this moment, Andy is officially without legal counsel for the third time in the history of this case. Once the destitution paperwork is filed, we’ll post it online for the rest of you to inspect.
What I find amusing is the fact that Andy has been proclaiming for three years now that his army of high-priced corporate lawyers have consistently advised him not to post anything else online until court – yet in the last three years Andy has posted hundreds of times and emailed those involved in the case ad-nauseam in spite of his claims that this or that will be “the last post until court.” This website is in fact kept alive by the fact that Andy doesn’t know when to shut up! The library of evidence which Andy has posted against himself is amazing, and it’s cost him two different attorney’s in the last nine months. Even now Andy is posting claims that he and his illiterate co-conspirators could have prevented sites like Twitter and Apple from begin hacked, in spite of the fact that he couldn’t even prevent a hacker from taking his amateurish e-cigarette website offline for over a year. (…so much for Digital Internet DNA)
Andy claims to have an army of witnesses willing to testify on his behalf at trial, but the fact is only one person visibly still supports Andy, and that’s Allen Brady (the man who helped Andy steal $50,000 from his own mother). Andy even claims that Rebecca Dunn is scheduled to testify in court and that he’s been in contact with her – a ridiculous assertion for reasons I’m not going to post on this website. We continue to receive emails from people willing to testify against Andy and we forward them all to prosecutor in the case. The bottom line is, Andy is pretty much alone and the doors are closing in. It’s time to either plead guilty or start packing for an extended stay in Davis County. Personally I think Andy’s going to plead guilty and rip somebody else off to pay the settlement required by any plea deal to Ryion , Kyle and Chris.
…we will see.
Andres “Andy” Esquivel’s public defender filed a motion with the second district court of Davis County on Wednesday formally requesting to be released from the case. In the filing Mr. Albright described Andy’s actions as “repugnant” and stated that the attorney client relationship had been “irreparably damaged” by Andy’s pretrial activity. This is EXACTLY what we stated would be the reason for Albright’s departure when we first learned about it from the court last week. The trouble with Andy, besides the fact that he’s a pathological lying sociopath, a dead-beat dad, and a convicted felon, is the fact that he doesn’t know when to shut up! This is the SECOND attorney that Andy has driven away by his psychosis and if he is not careful he will end up having to represent himself in this case because no competent attorney will represent him. Albright has nominated conflict attorney Julie George to represent Andy for the duration of the trial.
The memorandum filed with the court on Wednesday states the following:
Utah Rules of Professional Conduct, Rule 1.16 (b) (4) states that where representation has commenced, the lawyer shall withdraw from the representation of a client if “the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement”.
- Mr. Esquivel has recorded conversations I have had with him. His recordings include conversations taken place at the courthouse, on the telephone, text messages and include conversations defendant had with my investigator Carl Hurst.
- Most, if not all, of these conversations and text messages have been posted on the internet. These conversations have also been sent to news outlets, reporters, business associates of Mr. Esquivel and to the case prosecutor, Nathan Lyon.
- One of Mr. Esquivel’s associates is Allen Brady. On the 16th of January Mr. Brady called me and set up a meeting with Mr. Esquivel, Mr. hurst, and myself. Mr. Esquivel did not show up, but Mr. Brady did.
- Two days after we met with Mr. Brady, Mr. Esquivel posted on the internet under the subject heading “Why was Allen Brady threatened” (a copy of what was posted is attached). Mr. Esquivel states that we threatened Mr. Brady not to testify.
- Later on page 2, Mr. Esquivel talks about a video he has whereby I talk to him about the evidence of the case.
I have found the actions of Mr. Esquivel repugnant and obviously have a fundamental disagreement with him recording attorney client conversations and posting them on the internet and specifically sending them to news outlets, reporters, and the prosecutor in the case. Because of the above actions the attorney-client relationship has been irreparably damaged to the point that counsel can no longer provide effective assistance.
William J. Albright
Mr. Albright then attached a psychotic, rambling email from Andy in which he goes on and on about Allen Brady testifying and about the $100,000 he stole from Melissa Garr. The email states:
Mr. hurst all my witnesses, you know the ones you guys have not called, have spoken with Allen Brady the man that was called to Bountiful 01/17/13 and threatened not to testify & you guys can’t tell Allen to stop recording especially in Bountiful where they attacked us! All Xtagged owners have asked for my attorneys phone number provided in this video for Xtagged owners & media ONLY that’s why the video is unlisted: http://youtu.be/t4S4WDr2PDg
but most Xtagged owners say they are writing letters to judge Connors including Allen Brady. I asked them to wait until I have my meeting with you & Albright over Skype this coming week!
Every time Holje or Albright have presented so called evidence I shot it DOWN! I recorded Brian Davis laugh about $100,000 he had and Melissa Garr supposedly gave me listen to my attorney http://youtu.be/t4S4WDr2PDg
FYI- the new so called evidence you hear public defender talk about in video above was also shot down call Allen Brady asap he has all details. Ryion’s checks prove he scammed Logan Laws look http://youtu.be/-iGbB11Sdt8
So Andy and his brainless accomplice Allen Brady have done it again. No doubt Andy’s first attorney Michael Holje resigned the case for similar reasons. We’ve seen in emails provided by Andy Esquivel himself that Michael Holje was concerned about evidence that he stole $100,000 from Melissa Garr, and it’s clear that this evidence is damning enough to rattle Andy into driving away another lawyer! Obviously there is some truth to Ms. Garr’s allegations if Andy continues to go completely insane every time the question is raised by his own attorneys.
Why is Allen Brady still so involved in these proceedings anyway? Doesn’t he realize after all this time that he isn’t helping Andy in the least? Everything he’s done to try to help Andy in this case has only made things worse! He began by claiming against all reason that Ryion Butcher and I would be facing eminent jail time in this case (in which we’re not even defendants), bragged that the case was being moved to Colorado for some reason, spent thousands of dollars he didn’t have paying for an attorney who subsequently quit because he realized Andy was guilty, and now has so inflamed tensions between Andy and his public defender that Andy is left without legal representation in a felony fraud case that could carry up to 25 years in prison for Andy if he’s convicted! If ever a brainless monkey walked the Earth in the clothes of a human being it must be Allen Brady…the man has the intellectual capacity of a grape!
To say the least, Tuesday’s pre-trial hearing should be interesting. The court will appoint Andy a new public defender and that attorney must figure out a way to keep her client under wraps until trial. She also needs to put Allen Brady in his place and convince the Judge that Andy Esquivel is mentally competent to stand trial…whew! Talk about having your work cut out for you.
Good luck with that Julie. Personally I think you should file a gag order against Andy and enter a GUILTY plea on his behalf. I don’t know how Andy would pay restitution to his victims, but at least he’d be out of everybody’s hair for a little while.
Over the weekend, Andy Esquivel posted the following on both his Wiser Technology and Karma Cause scam websites.
(911 info) just in from Rebecca Dunn herself, Daryl Acumen called her CRYING: “Please mom don’t let them put me in prison, please I beg you, I’m sorry”
Rebecca: “I warned you in the end Andrew, Ryion & Ladd would blame the [nigger]”
There are several problems with this post, besides the racism which I will deal with last. First of all, I haven’t spoken to my mother in years. We had a major falling out in 2008 when the severity of her mental condition became fully apparent to me, and the schism only deepened when I realized that she was still chasing con-artists like Andy Esquivel at the risk of her own personal safety. My mother has been remotely diagnosed with Borderline Personality disorder (BPD) and her fixation on con-artists like Andy Esquivel is part of her condition. Since my mother refuses to seek treatment, I’ve chosen to cut-off all contact rather than continue a losing battle trying to convince her to seek help.
I did receive the following conciliatory email from my mother in 2011 when she realized that Andy Esquivel had been a fraud all along. I’ve never posted it out of respect for her effort to make amends, but now I feel it’s probably appropriate.
I basically stopped communicating with Andy last year and then realized that I had to expose him. Andy is stating that he is preparing a documentary based on conversations that he has recorded. He does not realize that FCC forbids the recording of conversations without the user’s prior approval. Over the past 18 months, I have sent many emails that I regret and I am certain that Andy is planning on including those and my goal was to beat him to the punch. I was prepared to send this document out early Wednesday morning; but, he just sent me a nasty email and I have no choice but to send it out now.
Daryl, we used to be so close and we have caused each other so much pain. I doubt seriously if I will ever see you again and I wonder if any of this was worth it. Please know that I love you much and I only wish you happiness. I titled the document ‘The World of Blogs and Xtagged.’ This document contains supporting emails and I’ll send it to you in four emails. I hope that some day you will find it in your heart to forgive me.
Good Luck to you and your family.
I love you.
The email was accompanied by a wealth of information in assorted documents which we have posted on our website here. Aside from this brief communication however, my mother and I remain estranged. I do still have her email address, but I do not have my mother’s phone number and wouldn’t’ call her if I did.
The second problem with this post is the fact that it doesn’t make any sense! I’m not the one facing three felony counts of securities fraud and being sued by the Utah Office of Recovery Services for years of back child support on two of my six illegitimate children (Andy gave up his paternal rights to a third after drugs were discovered in the child’s system). I’m not the one who had to plead guilty to digital harassment charges after spending a year stalking me online. Andy Esquivel doesn’t seem to get this, but he’s the only one facing potential jail time right now, not his victims and most certainly not Daryl Acumen.
The last problem I have with Andy’s post is it’s blatant racism. My mother doesn’t use the “N” word, even when attributing it to the sentiments of third parties. She may be mentally ill, but that part of her personality I’m confident has not changed. For Andy Esquivel to be desperate enough to stoop to blatant racism, even after complaining on his various websites about the racism he claims to have been subjected to by the victims of his crimes and the prosecutors holding him responsible for them, is a clear illustration that he has run out of things to say.
I’m 100% confident that Rebecca Dunn has not resumed contact with Andy Esquivel, even to inform him that she no longer wishes to be contacted by him. I know this because I get updates on her condition from a cousin who stays in contact with her. If Andy Esquivel were in contact with my mother, he would know much more about her circumstances that he professes on his various blogs. The fact that Andy has repeatedly blogged that my mother will be testifying at his criminal trial tells me that he has had no contact with her in quite some time. The fact that he continues to claim contact with her in spite of his obvious ignorance of her circumstances is laughable.
Nice try Andy. I have it on good authority that the public defender who’s about to be assigned to your case is going to insist that you accept a plea deal with the state. Maybe you should spend a little less time pretending that you have a case and a little more time looking for a job so you can afford the deal the state is going to offer you. …oh, and you might want to start paying child support while you’re at it.