Xtagged.com SCAM (and con-artist Andy Esquivel)
The truth about Xtagged, Wiser Technology, and the scams of Andy Esquivel
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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 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.
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…
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!
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.]
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.
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
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.
Andy Esquivel’s mother posts bail…
Posted on March 11, 2013 in Andy's Threats Wiser Technology Xtagged
In spite of the fact that Andy Esquivel has now lost two attorneys because of his propensity for mouthing off online, our little friend from Colorado still hasn’t learned his lesson. Andy is now posting on YouTube and claiming that I’m somehow going to “prison” in connection with HIS securities fraud case. Just for fun I went ahead and called Andy out by pointing out that in fact he was the one facing fraud charges and the potential of jail time not me, to which Andy responded:
“Yeah Andy is in prison right ‘Bountiful BOY'”
Apparently, Andy has forgotten that the only reason he’s not in prison right now is that his mother bought a $10,00 bond through Surety Bail Bonds to secure his release. Because Andy has such a short memory and is getting more and more cocky about being able to walk the streets in spite of his recent incarceration and upcoming criminal trial, I thought I’d go ahead and post the details of his bail bond (which is a matter of public record) for our readers to inspect and enjoy.
[Details of Andy Esquivel’s $10,000 bond]
As you can see from these documents obtained from the court, Andy’s mother Jobita Berriel secured the $10,000 bond for her son’s release with a down payment of $540 in cash on 7/29/11 and the promise to pay the $500 balance on 8/6/2011. Without this bonding agreement with Surety Bail Bonds, Andy Esquivel would still be in prison awaiting trial. Since Andy has no money and no job, there is no way he would have been able to come up with the money himself.
Enjoy freedom Andy! Unless you’re able to prove the existence of an Xtagged conspiracy, it might not last.
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.