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.
Andy Esquivel is getting really desperate ahead of his pre-trial hearing on Tuesday. He showed off his desperation over the weekend when he posted ‘smart-phone’ photos of a screen shot of what he supposes to be a post from me in which I allegedly tell him, Leonard Martinez and my mother to “go to hell”. The image is obviously fake and I had a lot of fun picking the image apart this morning before work. Here are some things to notice which prove the image was concocted by Andy, not a legitimate post by yours truly:
It’s interesting that Andy has become so desperate only days before his pre-trial hearing on the 26th. I’m kind-of curious what’s causing him to panic so. Trial won’t be for at least another month, so he’s got plenty of time to pack before prison. What is he so riled up about?
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” <email@example.com>
Date: Feb 23, 2013 7:22 AM
Subject: Daryl & Adam have started again…
To: “Utah Investigator” <Carl@landofhealth.com>, “MOM2” <firstname.lastname@example.org>, “A sweet” <email@example.com>, “firstname.lastname@example.org” <email@example.com>, “Adam Platt” <firstname.lastname@example.org>, “Alll” <email@example.com>, “law firm” <firstname.lastname@example.org>, “leo” <email@example.com>, “shar” <firstname.lastname@example.org>, “John Steer” <email@example.com>, “chue berriel” <firstname.lastname@example.org>, “Jobita B” <email@example.com>, “firstname.lastname@example.org” <email@example.com>, “Steve K” <firstname.lastname@example.org>, “ron” <email@example.com>, “Brian Doubleday” <firstname.lastname@example.org>, “email@example.com” <firstname.lastname@example.org>, “Talor” <email@example.com>, “Daris Garner” <firstname.lastname@example.org>, “j_park32” <email@example.com>, “sis2” <firstname.lastname@example.org>, “Jason Webb” <email@example.com>, “Jason Webb” <firstname.lastname@example.org>
Cc: “news 1” <email@example.com>, “news 2” <firstname.lastname@example.org>, “news 3” <email@example.com>, “news 4” <firstname.lastname@example.org>, “news 5” <email@example.com>, “news 6” <firstname.lastname@example.org>, “adam5news” <email@example.com>, “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.
It’s always amusing when someone as ignorant about technology as Andy Esquivel pretends to be a tech guru! It’s even more hilarious when someone of Andy’s technological ineptitude gets excited and starts showing off his ignorance to the world.
Several months ago, Andy Esquivel posted online charts showing the number of “requests” his various webstes were getting. Andy made the posts with much fanfare (devoting huge patches of real-estate on his homepage to the data) and each post was accompanied with varying proclamations to God and assorted Hail Marys and Amens. It almost broke my heart to have to reveal to Andy via a post on my Xtagged Scam thread that a “request” means nothing in the world of web analytics where I’ve made my living for the past two decades, and that every page on his various websites fired anywhere from 10 to 30 such “requests” every time a page was loaded. I explained that the tens of thousands of “requests” Andy was seeing on his various websites probably actually only translated into a few hundred real page views after bot traffic was discounted and his own views subtracted from the total.
Well, it seems Andy got the memo and has now returned bolder and wiser than before (no pun intended). Today Andy posted new numbers for his various blogs showing that in the past year, his seven most trafficked websites have generated a whopping 6,734 page views in total (combined) traffic! He even adds the annotation “WOW!!!”
Now, I’m not going to break out the ruler and try to get into a “who’s bigger” contest with a sociopath. The fact is, it doesn’t matter how much traffic Andy’s websites generate vs. mine because we’re reaching different audiences. Andy’s websites are geared towards himself, his girlfriend, Allen Brady, and the few people in this world who haven’t yet figured out he’s nuts. My websites are geared towards people who would otherwise take Andy seriously and need to be warned to stay away.
That said, I feel compelled to point out that our humble little Xtagged.co blog has generated 6,610 “real page views” this month alone…and the month isn’t even over yet. That number of course excludes 4,905 pageviews served to bots since February 1st. In other words, we’ve generated nearly as much traffic in the first two thirds of February than all of Andy Esquivel’s blogs generated in the whole of 2012 and for the first two months of 2013. In January Xtagged.co served 10,504 page views during the 5,393 visits made to the site by 1,058 unique visitors (real people). While those numbers pale in comparison to the 600k – 750k page views my old PartyUtah.com website served up every month and is nothing like the over 100,000 page views we served up on the last single day I owned the site, it’s still pretty good for a black and white blog that doesn’t advertise and for which I’ve done no promotion.
In the end, traffic doesn’t mean a whole lot without what we call in my field “key performance indicators.” The key performance indicators of this website are the number of people who find us online and come forward with additional information, evidence, or horror stories about Andy Esquivel and his various scams and the number of months Andy spends in prison because of the evidence we uncover. By those measures, this tiny little corner of the Internet is doing pretty good.
How do you measure success?
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.
Because Andy Esquivel is technically without legal representation at this time and thus needed to appear in court today at 8:45am but didn’t show up, the court was unable to proceed with it’s pre-trial hearing. William Albright indicated that he was prepared to proceed with his motion to withdraw, but noted that Andy was in Colorado still after his girlfriend had their third child (the court referred to her as his ‘wife’, but of course Andy has never been married). The court agreed to continue the hearing out of compassion, although no mention was made of the fact that Allen Brady found a way to make it to court in spite of the fact that he had a new baby at about the same time that Andy did. When the Defense asked to continue the hearing until March, the prosecutor objected stating that the state wants to get this process moving as there have been too many delays already. A new pre-trial hearing has therefore been set for February 26th.
For hose of you wondering why we haven’t yet posted Andy Esquivel’s statement of “indigence” on this website, the reason is simple – Andy hasn’t filed it yet. It turns out that Andy still hasn’t filled out any of the forms begging the court to grant him the use of a public defender (who he has now pissed off) because of his indigent (read ‘broke and unemployed’) state of affairs. Once Andy files the appropriate forms and the court makes them public, we will post them on this website as evidence that Andy is indeed broke, destitute, and unable to pay his bills. Hopefully he’ll get those papers filed sooner rather than later, or else he’ll find himself being represented by Allen Brady in the courtroom – or worse, himself!.
Here’s Andy Esquivel’s latest statement about trial:
I am Back! Hello everyone my name is Andy Esquivel I would like to thank Team Wiser Allen, John, Shar, Leonard etc. as you may have heard by now trial was cancelled again. I will get my day in court no matter how long it takes. I will not take misdemeanors they are trying to force to save themselves from a lawsuit all because Ryion & Daryl lied to the Utah S.E.C!
You hear that Daryl Acumen I will never quit until I see you and your mother Rebecca Dunn take the stand at trial!!!
Earth to Andy – your trial has been postponed, not cancelled. Don’t worry, you’ll get your day in court soon enough. Hey, since you’re so ‘eager’ for your trial to start, why don’t you save the court some time and represent yourself instead of waiting for the new public defender to come up to speed on your case (that would be a load of laughs). Better yet, just plead GUILTY and get it all over with!
As for Rebecca Dunn taking the stand at trial – don’t hold your breath. Personally I would give my left arm to be able to testify against you at trial, but since I’m only peripherally connected to this case, that’s not likely. Maybe you should ask your new attorney to call me to testify though and see how that goes over. “Hey Julie, I want Daryl Acumen to take the stand at my trial…no I’m not crazy…yes I realize he’ll only convince the Jury to put me away for a quarter of a century, but…no I haven’t lost my mind, why do you…but I don’t care if I go to jail, I just want to look good in front of my friends…OF COURSE I HAVE FRIENDS!!!”
Andy is unbelievable, but a load of laughs. Keep posting buddy. Maybe you’ll land a guest spot on Dr. Phil. I hear they have a special program coming up devoted to pathological lying sociopaths with delusions of grandeur.
Most of you know that Andy Esquivel is a worthless scumbag who sleeps with under-aged girls and refuses to pay child support for his children, but what you probably didn’t know is that Andy also takes advantage of high school kids to make money! Following is a first-hand account form one of Andy’s former employees who was only in high school when Andy used him for cheap labor at his Xtreme Sushi shop and never paid for his work.
The testimony you are about to read has been forwarded to Davis County prosecutors to help illustrate the lengths to which Andy Esquivel will go to further his various scams and to make a buck. John Steer, Andy’s low-life cousin, is also implicated in this scheme to defraud a young man with little experience in the ways of the world because he stood by and watched Andy extort work form this high school junior in the furtherance of Andy’s schemes.
Below is the brief testimony of Dakota Iverson of Bountiful Utah:
When I was a junior in high school there was a restaurant called Xtreme Sushi in Bountiful Utah. I was attending Bountiful High school and was in need of a job, so one day I wandered into Xtreme Sushi and applied. The person who took my application and interviewed me was a man named Andy Esquivel.
Andy gave me the application and I basically got the job on the spot – quick and simple. After a couple days Andy started ranting to me about “Xtagged”. He said it was a website worth millions and billions of dollars and that it would make us all rich. This was around the same time that Twitter was invented and it’s funny because he would always say that twitter was nothing compared to Xtagged and if they could get so popular and be worth so much money then that means Xtagged is going to be worth way more!
I went on working for Andy at Xtreme Sushi for $6.50 an hour as the time passed and passed without me getting a pay check. I think it was two months before I got my first check , and I do not recall the amount of money I was finally paid. That first amount doesn’t really matter though because after that first two months, I never did see another dollar – nothing in the next four months that I worked for him. Paychecks were not what I would call a ‘usually thing’ at all while working for Andy – in fact they did not really exist. I went on for so long with out receiving money because every day without fail Andy would talk to me about Xtagged and he would say that he was giving me 1,000 shares of stock in the company. He promised that when the site took off, I would be able to sell my stock for “millions of dollars”. This didn’t get rid of my desire and right to be paid for my labor, but I trusted Andy because everything he said seemed to be in my favor. He always seemed to care about my well being (or so I thought). I trusted in Andy because he was such a good liar.
I feel stupid for believing Andy for 6 months with out receiving almost anything. I was a kid in high school so I was very gullible. Andy saw that gullibility in me and he decided to take advantage of it.Though I did not ever complain for about not being paid, I made sure to keep track of every hour that I worked in hopes of being paid for my labor someday. After all, that is what Andy told me to do because he always promised that soon I would receive my check.One day I went to work and when I showed up at the restaurant I realized that the doors were locked and it was dark inside. A lot of thing things were missing from in the restaurant. I am not sure who removed everything, but I’m certain it was Andy. It looked like he just ran away, which I finally learned is exactly what happened. In the end he just packed up and ran away without paying me another dime and with out even saying a word.I’ve calculated that Andy owes me 89.9 hours worth of labor at $6.50 and hour, which totals up to $584.35. John Steer would be able to confirm this, because he was there while I worked all those hours. I don’t ever expect to get paid and I’ve learned my lesson about who to trust and who to avoid. Andy is definitely a person to avoid at all costs. I hope he finally gets what’s coming to him in this trial.
What kind of Christian takes advantage of young kids working their way through high school? What kind of person sits back and watches while a scam artist like Andy Esquivel extorts money from children? The answer is simple – Andy Esquivel is no Christian and John Steer is no human being. Both men are leaches and one day Karma will catch up to both of them for what they’ve done.
I’d like to thank Dakota for his courage in sharing this story. None of us likes to be conned and it’s hard to admit when it happens, but at least we can alert the world and save others from making the same mistakes. Andy Esquivel and John Steer are a collective mistake – period! Wherever they are, they should be reminded of the people they’ve hurt and the trail of lies they’ve left behind. One day soon it will catch up to both of them, and those of us who believe in justice will be there waiting and cheering.
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.
Poor little Andy Esquivel just can’t catch a break. Just when it didn’t look like life could get any worse with a pending criminal trial, his public defender quitting his case, another pending hearing for back child support, and a sixth illegitimate child entering the world with a dad who can’t seem to find work, Andy Esquivel gets slammed with ANOTHER judgement demanding payment of $1,575.99 from NAR Inc.
The judgement is being filed in Utah as a foreign judgement from Colorado by NAR Inc. apparently for APEX Alarm equipment and services that Andy purchased and never paid for. Obviously Andy won’t be able to pay the judgement since he’s broke, unemployed, and still pretending to be CEO of a bankrupt group of imaginary technology companies. One wonders how long it will take Andy to realize he’s an adult now and that he needs to have a job in order to live. In this day and age it’s unacceptable to continue living off of your girlfriend and her food-stamps while living at home with your mother. Any real man would by now have picked up the classifieds and found himself legitimate work as a janitor someplace.
The case details can be found here:
The court has granted NAR Inc. permission to charge Andy 8% interest until the judgement is satisfied. My hunch is that when Andy finally gets our of jail and is forced to get a job as a condition of his probation, NAR Inc. will garnish his wages to recover their funds. At minimum wage, who knows how long that is going to take, but at least they’ll eventually get their money.
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.
Another defense attorney has resigned as counsel in the securities fraud trial of con-artist Andy Esquivel. In a filing with Judge Connors on Thursday, prosecutor Nathan Lyon confirmed to the court that William Albright has resigned from the case citing a “recently developed conflict of interest.” No details on the nature of the ‘conflict of interest’ were made available to the court, but a pre-trial hearing has been scheduled for February 12th at 8:45am before judge Connors to assign a new public defender. At that time the court will also review a continuance motion filed by the prosecution due to scheduling conflicts of it’s two expert witnesses in the case.
This makes the second attorney to resign from Andy Esquivel’s defense team in less than nine months. Defense attorney Michael Holje of the firm Brown & Bradshaw resigned the case in May citing similar client issues and demanded that Andy Esquivel cease all communication with his office. Andy subsequently asked to represent himself before pleading ‘indigent’ before the judge and requesting that a public defender be appointed to defend him.
What is Andy doing to keep scaring away his defense attorneys? We’re pretty sure Allen Brady simply ran out of money to continue subsidizing Holje for Andy, but for a court appointed public defender to quit the case, Andy must have done something really, REALLY stupid! We may not know what caused the conflict until the hearing on February 12th, but until then it’ll be fun to speculate on what drove Albright away. My guess is that it was a combination of Andy violating attorney-client privilege by sharing private communications between himself and his attorney with he world, Albright taking exception to Andy’s threats to file erroneous complaints with the Utah Bar against the prosecutor in the case, and Andy’s clearly being not only guilty but non-repentant about the crimes of which he is accused. Under the circumstances, I couldn’t blame any ethical attorney for being unwilling to continue as Andy’s defense counsel.
Andy remains free on a $10,000 bond secured by his mother because he doesn’t have a job. Case updates can as always be found here.