Posted on May 24, 2012
in Trial Updates
Andy Esquivel still without attorney
After a week, it appears that Andy Esquivel still remains without legal representation. This is a dangerous situation for him since he has a a pre-trial hearing on less than a month.
As most of you already know, Andy’s own attorney quit when he realized that (a) Andy Esquivel is guilty of fraud and has no hope of winning a trial and (b) Andy can’t afford to accept a plea bargain because it would require him to pay back the Utah victims immediately. So far the court has not been notified of Holje’s replacement.
Andy’s next hearing will likely be very entertaining. The main question is whether or not he will be able to scam someone out of enough money to pay Ryion, Kyle and Chris back or whether he will accept the help of a public defender. Whatever Andy decides, it is clear he has only two choices: pay the Utah victims back immediately or start packing his bags for an extended stay in Utah state prison.
Posted on May 18, 2012
in Trial Updates Xtagged
Andy Esquivel’s attorney quits fraud case!
Michael Holje filed a motion Wednesday asking to be released as Andy Esquivel’s attorney in the securities fraud case now pending in Davis County district court (case#111701135). A copy of the motion to be released can be found here [PDF] and as always a full case update can be found here [PDF]. No new counsel has as yet come forward to replace Holje and there is no indication yet as to whether or not Andy will accept the help of the public defender.
Andy was advised by mail that he is still required to appear before Judge Connors on July 19th for his pre-trial hearing. Unless Andy reaches a plea agreement with the court before then, the case will proceed to trial.
This is a serious setback for Andy and his defense. Most likely Andy either ran out of money ofr the poor suckers he was scamming to help him pay his legal fees wised up and decided it wasn’t worth it for them to float him anymore. Whatever the case, Andy is in serious trouble without competent legal counsel, and little is he aware that his troubles are just beginning.
Posted on May 1, 2012
in Andy's Videos Xtagged
Andy's latest video
At long last Andy has released a new video! This one is particularly entertaining because Andy covers the full range of his psychosis and spins an imaginary web of conspiracy theories and deception to try to make it seem as if he really was once a legitimate businessman, but that shadowy forced (led of course by me) have surrounded him with lies and deceit to bring him to trial unjustly.
In the process Andy reveals what we’ve all known for months: Wiser E-Cigarette Colorado is no more. All you have to do is go to the WiserElectronicCigarettes.com website to know that! The site’s been offline for months and “WiserMan” has stopped making embarrassing videos! Since Wiser E-Cigarettes were the only product Andy had that he could even plausibly claim to be re-selling, we can deduce that Wiser Technology is now defunct as well. None of our contacts in Colorado have spotted any more disguised Hyundai Veloster prototypes undergoing high-altitude testing and and even “Wiser Water” has vanished from supermarket shelves, so it must be true. Occupy Denver is defunct now, so that means Karma Cause must have been abandoned also – which means no $1,000,000 dollar check for the poor this Christmas. ORS Colorado says Andy hasn’t paid a dime of child support since they found him, which means Andy has no money and no job! When will this guy finally admit that he’s a total failure as a human being, get some honest work, and start paying his bills?
Anyway, here are the video highlights:
- 0:15 – Andy says Xtagged Inc. was incorporated in Wyoming back in 2008. This of course makes no difference to his fraud case first of all because none of the documents Andy used to con the Utah victims out of their money included information about the state of incorporation. Second, Utah law REQUIRES that it also be registered in the state of operation and that the owners get a local business license. Andy of course failed to do either. Third, Andy was never licensed to sell securities in the state of Utah even if Xtagged Wyoming was legitimately registered in Utah. Finally of course the Xtagged Wyoming registration expired years ago because Andy and Allen Brady failed to pay taxes on that shell company. That makes Andy guilty of criminal negligence, but that’s also irrelevant to the case because Andy isn’t being charged with criminal negligence, only securities fraud.
- 0:35 – Andy claims he spend $1,852 to trademark Xtagged. This is cute, but as most of you know Andy never completed his original trademark application so it’s a moot point.
- 0:45 – Andy says he spent $5,000 to incorporate Xtagged in Wyoming and that the fact that he has “receipts” for the money he stole somehow proves that he wasn’t guilty of securities fraud.
- 1:25 – Andy claims there was a conspiracy to steal Xtagged.
- 2:15 – Andy says he sold Xtagged to Shar Jenkins and Steve Klemark and that he “don’t own the company no more.”
- 3:30 – Andy rants something about Bump and a guy named Andy Couch and hints that there’s some sort of conspiracy there.
- 3:49 – Andy admits he sold his Mustang to his cousin John Steer (photos suggest the car still sports expired Utah license plates in violation of both Texas and Colorado traffic laws.
- 4:05 – Andy reveals that Wiser E-Cigarette Colorado has shut down. He claims that they “had to move the E-Cig to Texas” and that John Steer is doing something with them. Of course as I mentioned the “Social Fuel” website commissioned by Steer has been offline for months (Andy probably never paid the bill) so it’s doubtful they’re selling anything in Texas either.
- 4:30 – More perjury talk and something about a guy named Danny and some fake non-disclosure agreements.
- 5:30 – Andy says Xtagged was a real company but isn’t any longer because of the ‘slander campaign,’ which of course now includes the fraud charges currently pending against him in Davis County district court, and because Andrew Couch and other shadowy figures were conspiring to steal Xtagged, which is now offline and redirects to Bump.com anyway! You have to wonder why Andy is redirecting xtagged.com to a company he claims is trying to steal it?
- 5:45 – Andy says “why would be be yelling for a federal investigation to the SEC if we were guilty…it doesn’t make any sense,” which of course illustrates how Andy tries to use misdirection to deflect attention from his own criminal activity. There isn’t any record of Andy begging for an “investigation” by the SEC and the Utah Department of Securities finished their investigation months ago and determined that he was guilty of securities fraud – end of story!
- 6:15 – Andy complains that he (actually Allen Brady) has spent $14,000 defending himself against false securities fraud charges and says “I’m innocent.” He then claims that the state has spent “over a hundred and fifty thousand dollars” investigating and charging him with fraud, which is silly and clearly illustrates that Andy has delusions of grandeur. Andy is a petty criminal, not Bernie Madoff.
All these videos of course beg the question: Why does Andy bother? He’s on trial for securities fraud – does he really think posting more and more ridiculous videos is going to somehow help his case? Who does he think is watching, besides the small community of us who enjoy laughing at him? I guess the real question is; if Andy knew how pathetic these videos make him look, would he still be making them?