So there’s this pathological lying sociopath out there named Andres “Andy” Esquivel, owner of a scam website called “Xtagged.com,” who’s been duping people out of thousands of dollars pretending he’s a legitimate investment and claiming that he is about to get bought out by Google for “a billion dollars.” One of his victims posted a message about him on my prototype website of mine two years ago and this psychopath has been threatening to sue me ever since. Because seems obsessed with threatening to sue everybody from City Weekly on down and I grew tired of hearing his garbage, I decided to create a blog to call him out.
On July 19th, 2011, the Davis County Prosecutor’s office formally charged Andres ‘Andy’ Esquivel with one 2nd degree and two 3rd degree felony counts of securities fraud for the activities described in this blog. A $10,000 felony warrant was issued for his arrest. If convicted, Esquivel faces up to 25 years in prison. An updated case history can be found here [PDF].
On February 17th, 2012, Andy Esquivel plead ‘No Contest’ to Class B Misdemeanor Digital Harassment charges for sending threatening emails related to this blog and the original UtahRaves.com thread. He was ordered to pay a $250 fine and can break no local, state, or federal laws for 12 months.
On March 21st 2012 Andy Esquivel was indicted of all counts after a preliminary hearing in which victims and securities experts testified that he had in fact committed fraud and the judge agreed. An audio transcript of the preliminary hearing including witness and expert testimony can be heard here.
On February 11th, 2014, Andy Esquivel was found by two separate evaluating psychiatrists to suffer from serious delusions and to be mentally incompetent to stand trial. He was sentenced to be treated at a State Mental Hospital until he is ‘sane’ enough to stand trial.
On October 7th, 2014, Andres “Andy” Esquivel was convicted of two third degree felony counts of securities fraud in connection with the activities described on this website. The conviction follows a plea agreement reached by Andy’s public defender and the prosecutor which is detailed here. He was entenced to 90 days in jail (with credit for time served, including 90 days in a state mental hospital), and three years probation. Andy was also ordered to pay $13,000 in restitution to his victims, $500 in legal fees, and an $800 fine. Andy must cease all criminal activity, remain drug and alcohol free, and must obtain and retain gainful employment. The prosecutor cited no-objection to reducing the charges to Class-A misdemeanors IF (that’s a big IF) Andy can successfully complete his probation and pay full restitution to his victims.
Here is a transcript of Andy’s statement to the court:
“During the period of time from March 2008 through April 2009, [I] operated a business known as Xtagged. [I] represented Xtagged was an Internet based business in which the user created an online profile for meeting & dating. During that period of time [I] met with 3 individuals. At various meetings, [I] represented that Xtagged was a registered LLC, that Xtagged was patented & the Dept. of Motor Vehicles had authorized Xtagged to communicate and access their databases. That MySpace, Michael Jackson & Google were interested in purchasing Xtagged & that in near future Xtagged would become a public corporation.
Based upon [my] representations, these individuals purchased ‘stock’ in Xtagged. They did not receive any return on their investment as promised and [I] failed to return their investment when asked. A records search showed Xtagged was never registered in the state of Utah and no patents held in it’s name. The DMV was contacted and they never gave permission for Xtagged to access their database. No evidence that any offer to purchase Xtagged was made or that it ever went public.” – Andres Esquivel (8/19/2014)
On Fenruary 1st 2016 Andy Esquivel was arrested again for probation violation. He is bring held on with $25,000 cash bail, which means he’s not getting out until a judge says so. In his probation violation report his probation officer wrote the following for the record:
“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
Andy has failed to get a job, made no effort to repay his victims, and demonstrates no interest in rehabilitation. This is therefore the first of many times Andy will be violated back to prison.
This website will stand in perpetuity as a warning to anybody considering getting involved with Andy Esquivel, Allen Brady, Shar Jenkins, Steve Klemark, and Ron Kelsay. These men have been and continue to be involved in a brand of criminal activity that is particularly dangerous because it relies on personal (even familial) connections to work. We call this type of fraud “affinity fraud” and it has been specifically targeted by the Utah Attorney General’s office due to it’s pervasiveness and high economic impact on Utah citizens.
If you are considering going into business with the men listed above, do yourself a favor and browse this blog first. A few minutes of reading could save you thousands of dollars and years of harassment.