Posted on February 1, 2016 in Andy Esquivel's Scams Andy's Threats Buzz/Wiser Karma Cause Ron Kelsay Trial Updates Uncategorized Wiser Car Cover Wiser E-Cigarettes Wiser Eyes Wiser Helmet Wiser No Phone Zone Wiser Technology Xooplay Xtagged
Andy Esquivel has been arrested (again) and is now in state custody. He was taken into custody just before noon on Monday, February 1st – booking number 201600817. His bail is set at $25,000 cash. He cannot bond out, he must pay the full amount to be released.
For those of us watching this drama unfold, this comes as no surprise. This is not the last time Andy will be arrested for probation violation, but because this is the first time it will be his shortest time in jail (30 days). Next time it’ll be 90 days, then 6 months according to AP&P guidelines.
I’ll post updates on Andy’s status and audio of the court hearings as they become available. My hunch, given how damning the report by Andy’s probation officer was, this won’t end well. Here’s the custody information website link.
UPDATE: Andy’s hearing before Judge Connors is scheduled for Tuesday, February 16th @ 9:15am.
UPDATE: Andy was released from jail on his own recognizance and a sentencing hearing has been set for March 8th @ 9:15am. At this hearing, based on what he is posting online, we expect Andy to claim that he has a job, that his parole officer is somehow ‘corrupt’, and that he needs a 6th PO who will be more sympathetic to his latest scam, SmileyHeroes.com.
UPDATE: The February 16th hearing was a short one, so we’re not going to bother posting the audio online.
UPDATE: Andy’s sentencing hearing has been postponed five times since his release, usually at the request of his public defender. The new hearing has been scheduled for June 14th @ 9:00am.
Posted on October 22, 2014 in Andy Esquivel's Scams Andy's Threats Andy's Videos Buzz/Wiser Karma Cause Ron Kelsay Trial Updates Wiser Car Cover Wiser E-Cigarettes Wiser Eyes Wiser Helmet Wiser No Phone Zone Wiser Technology Xooplay Xtagged
Here’s a brief outline of Andy’s various lies:
You guys will think this is funny: here’s a copy of a letter which Andy Esquivel wrote while in jail in Davis County. In this letter, Andy complains about both the prosecutor and his newest public defender. He also compares himself to Martin Luther King and brags that he marched around the jail yard all day on Martin Luther King’s birthday.
Here’s a copy of the letter [PDF].
It’s pretty sad and pathetic. I’d write more about it, but I’m really busy this week.
Posted on March 3, 2014 in Andy Esquivel's Scams Andy's Threats Andy's Videos Buzz/Wiser Karma Cause Trial Updates Wiser Car Cover Wiser E-Cigarettes Wiser Eyes Wiser Helmet Wiser No Phone Zone Wiser Technology Xooplay Xtagged
Just when you guys thought Andy would never post on YouTube again (because he’s in JAIL), Andy defies the odds and manages to get a video posted anyway. Boy, this guy REALLY doesn’t know when to shut up!
In this latest video, Andy convinces his girlfriend (he’s now using me as the excuse why he never married her in spite of the fact they have three kids together) to put him on speaker so she can record him from jail and post online. It sounds like he’s calling from the common yard at the Davis County jail because there’s lots of commotion around him.
Andy explains that he’s in jail of his own free will. That he asked to be sent to Jail on January 7th because ‘the prosecution has postponed his trial six times’…which makes perfect sense, right? Andy tries to put his own spin on his February 11th hearing claiming that he’s being committed to a state mental hospital because the Judge wants to prove he is sane, not for restoration of sanity because he is insane as is actually the case. He rambles on and on about the conspiracy against him, his million dollar lawsuits, all his inventions – basically all the delusions that are the reason he’s being held for restoration right now in the first place. He demonstrates in the space of five minutes that indeed the psychiatrists are absolutely correct – he is not mentally competent to stand trial and he is badly in need of psychiatric help.
Half-way through the video, Andy is interrupted by an inmate named “Boss” who tries to explain that in fact the fight he was just part of was not his fault and was nothing for his wife to worry about. The guy Andy got into a fight with should never have been let out of isolation because, like Andy, the inmate he fought with was is mentally disturbed. Andy also brags that he’s lost a lot of weight in jail (I guess he’s sensitive about his weight) and that jail isn’t so bad after all.
I never thought I’d live to see the day when Andy Esquivel is posting psychotic rants from behind bars, but here it is. He has no idea why he’s there, no idea what he needs to do to be released, and shows no signs that his delusions have abated. Between us, I think Andy is going to be incarcerated for a very long time, because he’s never going to admit that he’s a delusional mess and needs help. The more he resists treatment, the longer he’s going to remain in state custody and I personally believe that’s a good thing.
I wonder what Allen Brady, Steve Klemark, Shar Jenkins, and Ron Kelsay are thinking right now? “…Boy, were we stupid!”
At long last we’ve received the audio transcript [AUDIO]of the February 11th hearing in which Andy Esquivel was ordered “held for restoration” (of sanity) at the Utah State Mental Hospital. At this hearing Alan Brady also received a stern warning against continuing to pretend to be Andy Esquivel’s attorney.
It was an eventful hearing to say the least!
First of all, Andy’s public defender was not present at the hearing. He’s still very much in charge of the case, but it’s curious that he was not able to attend. Has Andy pissed off another public defender? Telling is the fact that before the end of this audio transcript we hear Andy meekly declare to the judge “…he lied last time, I don’t trust him” as the Judge continued to explain that all motions need to be filed through his attorney and could not be submitted willy-nilly to the court.
Which brings us to Alan Brady: As you all know, Alan Brady has been acting as Andy’s pseudo-attorney for years now, helping him draft legal-looking court documents and such to perpetuate Andy’s various schemes. Alan’s latest foray into make-believe legal work has been to draft a motion for dismissal on Andy’s behalf and to file it with the court. Alan apparently told the attorney assisting Andy in court on the 11th about thee motions he’d been drafting and filing and got spanked! We don’t obviously have a recording of the conversation, but the attorney mentioned several times in the audio transcript before the Judge that she told Alan in no uncertain terms that drafting legal documents and pretending to be an attorney (as he’s been doing for years now) is illegal. She states that she told Alan flatly (and reminded him indirectly several times in court) that Andy can draft motions if he wants to, but if Alan continued to do so, he could be charged.
It was actually telling how much time the court spent on this subject and I think everybody in that room knew Alan Brady was walking on very thin ice.
The state submitted a motion to have Andy held for restoration (of sanity) which the court accepted. Andy through his stand-in attorney saying that he’s been in jail for a long time and that he wanted his ‘bail’ reduced so that he could attend to some medical issues. The court (and his representation) explained that bail wasn’t an issue since he was being held for restoration and is basically going to be incarcerated until his various delusions are cured (you know, the ones where he’s a genius inventor who’s being persecuted by a shadowy conspiracy to cost the world millions and billions of dollars). In other words, either Andy admits that he’s a con-artist, that all his ‘inventions’ are fake, that Wiser Technology and Xtagged were basically scams and that he’s been lying all this time in order to screw people out of money, or he stays in the state mental hospital until the state gets bored and decides to drop the charges against him.
Once it started to sink in for Andy that he was likely to remain in state custody for a very long time, he he suddenly had a change of heart about those “misdemeanors and no jail time” that he’s been complaining that his attorneys tried to trick him into taking ages ago. “I’ll take the misdemeanors and no jail time then,” he said desperately to the end of the transcript, but as the court explained – it’s too late.
One thing Andy tried to do made at least some sense – he tried to file a motion (or rather Alan Brady tried to file a motion on Andy’s behalf) to strike the jury trial and switch to a bench trial where the Judge has more latitude to act. Unfortunately, Alan isn’t an attorney and the court made it clear to Andy that no such motion would be considered unless it came directly from his public defender. Ironically, Alan (and Andy) got the idea to strike the jury trial form this website. Your welcome for the free legal advice fellas. 😉
On January 7th a visibly agitated Andy Esquivel walked into court and faced Judge Connors after the first of two psychiatrists found him mentally incompetent to stand trial. According to the audio transcript which we acquired from the court, the first psychiatrist found that Andy suffers from delusions and is bi-polar. Andy’s defense attorney stated that a second mental evaluation will more than likely find the same, so the trial needs to be postponed until Andy can receive the medication (and possibly hospitalization) he needs.
The prosecutor protested the fact that Andy can’t seem to get himself together enough to meet with the second psychiatrist pointing out that Andy’s obstructive behavior has caused this case to drag on for a seeming eternity. He pointed out that the first pre-trial was more than two years ago and that Andy’s behavior has been going on for more than five years now. The prosecutor requested that the court incarcerate Andy to keep him from continuing to be a hindrance to the case.
Judge Connors agreed with the prosecutor, but before sending Andy off to jail allowed Andy one more chance to explain himself. Andy took the opportunity to launch into a lunatic rant in which he claimed he was not insane, that eh would not take misdemeanors, that he’s been called a liar in front of the whole world (as if anybody other than his victims and Alan Brady are actually paying attention to this trial), that he has some assorted motions that he swears he filed, blah, blah, blah… none of this impressed the judge at all, and when Andy said “I’ll go to jail right now to prove (something)”, Judge Connors only replied “Well, I’ll give you that opportunity in a minute.” While being hauled off to jail, ANdy continued ranting “I want protective custody! I’ve been threatened in this jail! Blah, blah, blah…” I was half expecting him to spout out that he was Napoleon or something.
Today was Andy’s pre-trial to discuss the results of the second mental evaluation in jail. Andy remains in custody, so I doubt the results were helpful to Andy’s case. As always, I’ll keep you all posted on what happens.
An audio transcript of the January 7th hearing can be found here: [AUDIO]
On January 7th Judge Connors of Davis County ordered Andy Esquivel held in Davis County Jail without bail until further notice. We’re still waiting for the audio transcripts of the hearing, but it must not have gone well.
On January 7th the court was scheduled to review the results of Andy’s mandatory psychiatric evaluations to determine whether he was competent to stand trial. Immediately after that hearing Andy’s mug-shot appeared on the Davis County jail website with a booking time of 10:49am.
The contents of Andy’s psychiatric evaluation are sealed so we don’t know what the psychiatrists found, but my hunch is that they determined Andy to be dangerous, mentally unstable, completely delusional, and incapable of telling the difference between fantasy and reality. It only remains to be seen whether the court will determine that Andy’s mental illness is serious enough to impede his ability to receive a fair trial.
Posted on October 29, 2013 in Andy Esquivel's Scams Andy's Threats Andy's Videos Buzz/Wiser Karma Cause Ron Kelsay Trial Updates Uncategorized Wiser Car Cover Wiser E-Cigarettes Wiser Eyes Wiser Helmet Wiser No Phone Zone Wiser Technology Xooplay Xtagged
At the pre-trial hearing on October 22nd, Andy Esquivel’s defense counsel asked for a continuance of the proceeding until January 7th to give the court time to ascertain whether Andy is clinically INSANE!!! If Andy is found to be CRAZY and therefore unfit to stand trial, he could be sentenced to time in a Utah mental institution.
At the request of defense counsel, this matter is continued to
1/7/2014 to allow the defendant to have a mental health evaluation
completed to determine if defendant is competent to stand trial.
The State will prepare the order.
The trial date will remain in place.
Irony: this is EXACTLY what we’ve been trying to say for years! Yes, Andy Esquivel is mentally insane and so is his chief accomplice Allen Brady. Both need to be institutionalized for their own safety and for the safety of others.
I’ll post audio of the pre-trial haring soon, but for now the trial date last set stands pending the mental health review.
I think that pretty much closes the case on Andy. When your own defense attorney states in court for the record that you’re nuts, it’s time to pack up shop and go home.
Well, it’s official – Andy Esquivel won’t be allowed to call any witnesses at his jury trial in October. In fact, Andy won’t be able to present any evidence of consequence at his trial in October, so he’s essentially screwed.
On June 10th Judge Connors signed a motion to compel [PDF] filed by Prosecutor Nathan Lyon which gave Andy until May 21st to provide the prosecution with full details of all his witnesses and all evidence Andy intended to present at trial. Andy failed to comply. The list Andy did provide was incomplete and the witnesses all found to be irrelevant to the case. Andy’s evidence was likewise found to be completely irrelevant to the charges against him.
The motion to compel signed by Judge Connors EXPLICITLY states that any evidence not provided to the prosecution by May 21st will not be permitted at trial! May 21st was over a month ago, so Andy has missed his deadline to present any evidence which could support his defense. Since nothing that Andy has provided up until now will help him at trial in October, Andy basically won’t have a defense in October.
(No lawyer) + (No defense) + (No evidence) + (Refuses to admit he did anything wrong or to pay his victims their money back) = Andy Esquivel is definitely on his way to prison in October. Good luck with that, Andy!
In the following email [PDF] which Andy Esquivel sent on June 29th, 2010, Andy announces to his followers that they are all “Billionaires!!!!!!”. The a doctored image of a mysterious device is then proudly attached to the email in order to convince Andy’s followers that soem new Xtagged invention has been released that will ensure them instant fame and fortune!
Unfortunately for Andy, the device was neither an Xtagged product at all, but a prototype LG spart-phone concept from LG (actual photo to the right).
Notice how Andy whites out the product details so nobody with an IQ below 20 will realize that he’s stolen the image off the web? Notice also the amateur “Xtagged” logo added to the device with Microsoft Paint because Andy can’t afford Photoshop?
This is one of the last times Andy will affix the Xtagged logo to his falke inventions, because soon afterwards he would start labeling everything as Wiser Technology. it’s amazing hos transparent Andy’s scams were back then!
Here are the details about the actual product:
Concept phones always look interesting, though very often the design isn’t practical for day-to-day use if it were made into a real product. The Flutter was an entrant for LG’s recently concluded Design the Future contest that encouraged users to come up with concept designs. This design didn’t win the competition, though it did manage to grab the Prop Master’s Choice Award. When closed, the Flutter looks quite sleek with only its numeric keypad showing, though we’re not too sure how the user is expected to see what’s going on. The phone can be split open to reveal a display that fans out, sporting a user interface that looks like an exact clone of Apple’s iPhone. Don’t expect to see this phone appearing in shops anytime soon.
According to an email sent to his supporters on January 7th, 2011, Andy Esquivel managed to extort $250,000 from investors in Colorado AFTER the nearly $250,ooo we’ve shown that he managed to steal from previous investors in Utah. This is an important development because it proves either that Andy Esquivel had enough cash on hand to pay child support in 2011 (although he told the court on April 3rd that he did not) or that Andy Esquivel is a very good (and brave) liar!
Here’s the full text of the email for you all to inspect. Note: When Andy says “SEO” he means “SEC,” which in his illiterate mind means the Utah Department of Securities. The investigation he’s referring to is the one which resulted in the felony fraud charges he is now facing trial for.
——– Original Message ——–
Subject: Just got done with meeting Shar and Steve
From: Andres Esquivel <firstname.lastname@example.org>
Date: Fri, January 07, 2011 4:50 pm
To: (…the whole world bcc)
Hey just letting you know that we all thought the SEO had started investigation the guys blog it so
much that its confusing how the SEO did not tell them to stop or you even I have my family
colleges all think there is SEO investigation going on so I am confused also! So Steve is a little
uneasy that nothing been done for now rep me only they say they are going to get council For
Wiser Technology Inc And Scam.com law suite and they have asked me to meet with Shar’s
Attorney on wedsday so I said yes and they so you dont have to be there! tThey gave me
$250,000 cashiers check Shar is with 5 links he has already told them he will be in control of 25%
WiserTechnology once it is Incorporated Steve and him already have investors on the ball that is
why it is so important to kill the bull crap when i first hired you and we put you pic on
wiserTechnology no one blogged a thing about Wisertechnology and then when they were calling
you and you were not giving them a definite awser they started blogging against everything and then
i sent out edited receipt from you and they stopped again until Daryl told the dummy’s that the
receipt was for my car wreck and that it was for $400 daryl said so they all started again so i finally
ended everything by sending the unedited receipt and the new that the man who they knew as
Wiserman and they are all now blogging that as soon as wiser man finds out that Andy is a scam he
will be suing Andy too they bogged that so i used my chest Piece and sent no only your unedited
receipt but a video from Shar telling who he is and leonard his family is big they live next door to
the lutenute Governor he took xtagged to all his dads connections and his name also got smeared
when Daryl started all the xtagged bloggs So me Steve told Shar to not let them know who he was
because we had a plan.
Thank You Much! Andres Esquivel
Sent with Chimera WiserPhone..
Andy Esquivel had a bad day yesterday at his child support hearing. This hearing was for current child support owed through Colorado and doesn’t even address the nearly $20,000 in back child support Andy already owes.
Yesterday a judge in Colorado spanked down Andy’s repeated assertions that the $5,000 check he extorted illegally from Ryion Butcher and gave to his ex should count towards his child support balance. She pointed out to Andy that the current hearing was only to deal with the money he’s owed since November of 2011.
Andy has been ordered to pay $320 per month plus $50 per month in back support for the balance accrued since 2011. He is still awaiting a court hearing for the $20,000 he owes prior to November 2011.
Andy argued that he’s broke and doesn’t have a job. he said he’d bene tryign to find work but that potential employers continue to find this website, which has destroyed his good name (Andy has a criminal record going back 20 years that includes statutory rape, burglary, weapons and drug charges as well as domestic abuse…all of which is a matter of public record). The judge wasn’t buying it and told Andy to get a job anyway. She stated flatly that Andy has five children and thus doesn’t ‘have the luxury of sitting at home’ on his ass watching TV all day. When Andy repeatedly tried to bring up Xtagged and Wiser Technology, the judge stopped him mid-sentence and asked “are any of these projects generating money?” – to which Andy was forced to answer “No.”
Andy was ordered to begin paying both the current payments and back child support immediately. If he fails to pay child support as ordered by the court, then he will be forced to re-appear in June and explain why. He could then face stiff penalties as Colorado’s deadbeat-dad laws are no joke.
It must suck to be a complete loser.
The trouble with pathological liars is that they can never keep their lies straight. Case -in-point is Andy Esquivel’s ridiculous claim that I once worked for him at Xtagged. Andy has repeated this story over and over again ad-nauseam and I’ve repeatedly refuted the story by pointing out that I was working for Omniture at the time and the chances of me leaving a lucrative career at a company on the verge of a successful IPO to join a con-artist at a fictitious company that owned a website that generated only a tiny fraction of the traffic I was driving on my own entertainment website were exactly zero! Andy claims that my supposedly being fired from his scam explains why I’m so determined to see him brought to justice for his crimes.
The latest installment in this gag is the following post on Andy’s Diigo blog. I’ve atatched a screen capture to this blog because I’m sure Andy will delete the post once he realizes how stupid it sounds.
Daryl Acumen was fired from Xtagged 2006 and tried to come back but Allen Brady told him NO in 2007 at Xtagged club PlayGround. Daryl then started Xtagged smear/slander campaign which excelled big time in 2009 because of Bump.
Andrew Phipps filed patent May of 2010 after he was convinced Xtagged conspiracy was sending Andy to prison falsely! Andy has phone call recorded with Andrew Couch 2008-2009 Andrew says “Andy if you are not going to join with us give me your address so I can send you cease & desist order because we already filed patent before you” Liar Liar Liar…
Even though every word of this post by Andy is a lie, my favorite part is the first sentence: “Daryl Acumen was fired from Xtagged 2006 and tried to come back but Allen Brady told him NO in 2007…” Now, never-mind the fact that “Xtagged.com” wasn’t even registered as a domain name until October 26th of 2007, the fact is even if I was dumb enough to accept a ‘job’ from a convicted felon like Andy Esquivel in 2006 it would have been impossible because I didn’t even MEET Andy Esquivel until the Winter of 2007!
In mid 2007 Andy Esquivel stole a banner from my website to promote a nightclub in an effort to get free drinks from the owner. The owner asked me to talk to Andy to find out if he was legitimate later that year. I finally met Andy in November 2007 and by late January 2008 I was beginning to realize he was actually a scam. I have photographic proof to substantiate my timelines, including a photo of my license plate taken January 27th, 2008 at Andy’s request, but I’ll save them to embarrass Andy with in the event I’m called to testify at his fraud trial in June. The entire scope of my interactions with Andy Esquivel and his Xtagged Scam, prior to his offer to buy PartyUtah.com from me for $150,000 in 2009, was the three months from late November 2007 until February 2008. It took me a little over two months to figure out that Andy Esquivel was a con-artist and his Xtagged website was a scam, but it wasn’t until 2010 that I would learn the full extent of his criminal activity and be inspired to help bring him to justice. It’s a shame the real owners of the now defunct “Club Playground” aren’t around to testify to Andy’s attempts to defraud them, but I suppose three felony counts of securities fraud will have to suffice for now.
Under the new YouTube profile “UtahVenger” (which must be some kind of super-hero alter-ego or something), Andy has released a “psychedelic” new music video. The video starts off with Andy going over the evidence he’s compiled to comply with the March 26th discovery deadline in his securities fraud case. He talks about Rebecca Dunn’s stack of evidence, and then mentions a man named Brian Davis, who Andy admits he tried to scam out of $100,000! Next Andy cuts over to a scene where he’s driving to Farmington Utah to deliver a stack of papers to his former attorney and then the music starts.
The camera is shaky, the music is funky, it’s altogether like something out of the 1960s. Andy spends the rest of the music video showing screen shots of his various Diigo posts, which collectively point to a vast conspiracy to endanger children by stifling Wiser Technology in it’s good and noble work to save humanity. Andy posts the following in support of this claim:
Amazing the end music is genius “Foster The People – Pumped Up Kicks [LYRICS]” Media this highlights my email to you & the authority’s that the stall tactics Albright & Hurst were engaging in kept Wiser technology ideas from saving children’s lives, I emailed some of you media the idea to prove, it was a donation to CHS! The song is warning for kids to run for now because WT has its hands cuffed or tied by Utah Davis court. This is truly Karma Cause “Desperation Breeds Creativity”
I’m actually kind of curious as to whether this “Wiser Technology can save kid’s lives” thing is part of Andy’s defense? The irony is that if Andy can convince a jury that Wiser Technology could have saved the lives of many children were it not for the Xtagged conspiracy, he might actually win enough sympathy to force a not-guilty verdict. Hopefully Andy doesn’t catch on to that fact and sticks to his “Bump.com wanted to steal Xtagged” story.
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.
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.
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
In a recent email, Andy Esquivel tries to explain to his followers why he’s broke. According to Andy, it all my fault and it has nothing to do with the fact that he hasn’t bothered looking for a job in the last 10 years. He also continues to promise easy riches from a huge “lawsuit” that’s eminent, even though Andy can’t even afford an attorney to represent him in his criminal trial.
“FYI especially all of you that was helping Xtagged in 2009 we do have a multi-million $ lawsuits against Bump & scam.com we all should have been living good by now it’s because of Daryl helping bump slander Xtagged you were cheated. when you call please let us know the movie producers wants to interview all who call officer Metcalf in American Fork thx.”
As you can see, Andy is also still clinging to the fantasy that he’s the subject of an upcoming Hollywood blockbuster that will rival “The Social Network” in US ticket sales. He’s also supposedly orchestrating a huge criminal case against me in American Fork for exposing all his businesses as scams and costing Utah taxpayers billions of dollars in tax revenue.
In another part of he same email, Andy pretends to be Shar Jenkins claiming “I will be monitoring emails for Andy while he’s on a month business trip thank you all!” It funny, but when I am on business trips I monitor my own email. I guess Andy likes pretending that he’s too rich and too important to check his own messages. I wonder where And’s pretending to be?
And in other news Andy claims to have developed an iPhone app to expose corrupt lawyers like the ones who kept encouraging him to take a plea deal rather than going to trial. I have an iPhone5 and I couldn’t find any such app in the iTunes Store, but Andy provides a fake link to a non-existent page to prove that it’s actually legit. Maybe Andy will provide a screen shot of this fake app for us to share…then he can explain to the world how he can afford to develop such sophisticated software when he can’t even afford to pay child support.
A jury trial date has been set in the felony securities fraud trial of Andres “Andy” Esquivel. At the pre-trial conference on February 26th, Andy waived his right to counsel and informed the court that he intends to represent himself. A final pre-trial conference has been set for May 14th, followed by a 3-day jury trial on June 12th – 14th. Judge Connors will preside over the trial.
In a preview of what is to come, immediately after the trial Andy Esquivel filmed a crazy, ranting video immediately after the hearing in which he insists that the trial will never happen because the prosecutor keep stalling the case. He also introduced star witness Jeff Parker, who nobody has ever heard of. Speaking on the subject of Tuesday’s hearing, Andy Esquivel wrote:
“…Jeff Parker shows at court – YouTube. Holje & Albright are both connected to CORRUPTED PROSECUTOR J.C Ynchausti that covered up the attempted murder of John Steer when he was struck in the head five times by a que ball at hero’s. This is why I told judge Connors at pretrial I can not trust attorneys“
As soon as the audio transcript is available, we will post it for everyone to see.
I was surfing the web today and I stumbled across a series of exceptionally well made Andy Esquivel fan videos that I think you will all enjoy! In case you lose the link to this post, a permanent link to these videos is now included in the fan videos section under videos in the main navigation above.
After discovering our new Wiser Technology Scam blog, Andy Esquivel threw a lug-nut and sent the following hilarious email. Notice he send this email to William Albright’s investigator even though William Albright is no longer handling Andy’s criminal defense. Andy’s big point is that the Utah Department of Securities asked for a the trial to be rescheduled to avoid calendar conflicts with other trials. Andy takes extrudes from this a vast conspiracy theory that somehow ends in his eminent acquittal…go figure.
Re-posted here without edits (except to reduce the font size from the XX-LARGE that Andy likes to use for emphasis):
From: “Karma Cause” <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.
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.
Andres “Andy” Esquivel likes to pretend that the people who have worked to bring him to justice will one day face some sort of legal retribution. His favorite claim is that once he’s found innocent of securities fraud, “the SEC” has promised to begin an investigation of the people who worked to bring criminal charges against him in the first place. The story goes that Andy met with an SEC judge after he was formally charged with fraud in Davis County and that the judge promised that as soon as the criminal case was over he would investigate the conspiracy to convict Andy. Andy sounds as if he’s really excited about these new charges, as seen in the following post:
“Wait until a real investigation happens and don’t worry a real one is coming the SEC Judge told Allen Brady Aug, 02, 2011 he would start one as soon as Davis county case is over he told Allen that…” – Andy Esquivel
As we have explained on this blog numerous times, the Utah Department of Securities officers that Andy met with indicated to him that HE will be subject to further administrative action by their agency once his criminal case concludes, not his victims. It is unknown what sorts of sanctions or penalties Andy will be subject to once the criminal case ends, but what will not be happening is some investigation of Andy’s victims or the administrators of this blog resulting in charges against us. The ‘investigation’ Andy refers to has already occurred and resulted in the criminal charges he now faces. What’s left is for the Utah Department of Securities to take their own disciplinary action outside of the criminal charges now pending.
Here are the details of the Utah Department of Securities case against Andy Esquivel and Xtagged.
Andy will no doubt continue to brag that he talked to a judge at the SEC (the Judge being Steven Eklund and the agency actually being the Utah Department of Securities, not the SEC) and that those discussions will result in another investigation that will exonerate him and implicate his victims, but this is a complete falsehood. The facts of the case are simple and are here documented for the entire world to review.
Why Andy continues to deflect blame for his criminal activity away from himself and towards the people he scammed is beyond me. A normal person would admit to their crimes, take the punishment and move on. Pathological lying sociopaths apparently can’t do that.
This is typical Andy: desperate and clueless!
In his latest attempt to discredit the felony fraud charges which he is currently awaiting trial for, Andy Esquivel has resorted to identity theft. Maybe Identity Theft is too strong a term since what Andy is doing is technically not “illegal”, only against the terms of service of LinkedIn, but I still think it’s interesting that Andy continues to use deception to plead the case that he is not a fraud.
This week in an effort to prove that he did not in fact con his aunt out of $60,000 by encouraging her to invest in a scam website called “Xtagged,” Andy posted a fake LinkedIn profile which he claims is his aunts. The profile proclaims in typical Andy fashion that she was not a victim but an owner of Xtagged and that she will be testifying in court.
There are numerous clues that this profile is fake and that the account was created by Andy to cover for his criminal activity. Anyone familiar with the tone and language of Andy’s numerous online activities can recognize him at a glance:
We obviously have independent confirmation that this profile does not in fact belong to Andy Esquivel’s Aunt (as if we needed it) and I’m sure the administrators t LinkedIn will be getting a complaint soon and will take it down.
Andy did the same thing with Rebecca Dunn: posting a fake profile of her and later pretending that the profile was created by the owners of this blog. I suspect that many of the other profiles that Andy promotes are also fake and created so that he can sock-puppet various people. It’s a common tactic of sociopaths and further evidence that Andy needs medication or detoxification or both.
It is amazing to me that someone who’s been charged with fraud continues to use fraud to proclaim their innocence. You would think that Andy would wake up at some point and realize that he’s not making the situation any worse by continuing to prove himself to be a pathological lying sociopath. You know what they say: when you find yourself in a hole, stop digging! Well Andy’s in a hole…
We all know that Andy Esquivel is a pretty sleazy character with absolutely no sense of Christian morality and void of conscience, but even I was surprised to hear just how low this scumbag was willing to sink in order to make a fast buck. Information has been trickling in over the past several months and we’ve been sending it to the Davis County prosecutor rather than posting it here online, but it’s been long enough now and we have enough detail that I think it’s time we exposed a little more of Andy’s depravity to the world.
We have it on very good authority that Andres “Chicho” Esquivel conned his own family out of tens of thousands of dollars through the online scam we all know as “Xtagged.” We know Andy has little regard for family because he has failed to pay any back child support on his two kids here in Utah (he owes $18,000 in back child support currently) and gave up his paternal rights to a third when authorities discovered that he was such a heavy drug user that he couldn’t care for the child himself, but this is a new low that even I didn’t expect.
According to our information, Andy conned a total of just over $80,000 from his own family. He stole $10,000 each from two cousins in Colorado, and another $60,000 from an aunt in California. Andy’s cousins have already cornered him about the scams both in person and on Facebook. Reportedly Andy’s family discovered the depth of his illegal activity when they did a Google search and found this website (according to Andy’s own Diigo blog, we’re now ranked #1 for the keyword “xtagged” on Google…who knew). Andy then sent his mother out to lobby the family on his behalf begging forgiveness for stealing their money, but since she’s a serial con-artist with a criminal record too, nobody is buying it. In some cases Andy and his mom have resorted to threats to convince the family that Andy is legitimate, but that hasn’t worked either.
To show how pathetic Andy is, in one case he even went so far as to encourage one of his cousins to sell his bullet-bike in order to pay for the “shares” in the scam. He encouraged his cousin to place an ad for the bike in a local newspaper and helped broker the sale so that he could get his greasy hands on the money faster. Lord only knows what Andy did with all that cash, but my guess is part of it went up his nose.
It’s heartbreaking to hear that someone as lecherous as Andy Esquivel is willing to con his own family. Maybe someday he’ll come to terms with what he’s done and will be able face them again. Until then, family reunions are going to be tense for Chicho. Maybe it’s time he considers getting a job to pay everybody back.
Poor little Andy Esquivel appeared for his pre-trial conference on Tuesday morning and finally admitted that he’s too broke to pay an attorney and that he isn’t capable of representing himself.
In the latest case update (obtained by Xtagged.co from the court and uploaded here) the court found Andy Esquivel to be “indigent” (adjective: [in-di-juhnt] – lacking food, clothing, and other necessities of life because of poverty; needy; poor; impoverished) and incapable of paying for his own counsel. The court therefore appointed Andy a public defender to help represent him at the upcoming trial. Another pre-trial conference was scheduled for August 28th with the new state funded (free) lawyer.
Below are the minutes from the pre-trial conference for review:
The parties are unable to reach a resolution.
In other words, Andy, being broke and unemployed, can’t afford to accept a plea deal because he’d have to pay the victims back with money he doesn’t have and can’t scam from his uncles and aunts, who are now onto his criminal activity – thanks in no small part to this website.
Defendant requests to proceed with the trial and will represent
Mr. Lyon indicates he had advised the defendant the Right to
Counsel and asks the Court to recite the defendant’s rights to him.
The Court advises the defendant of his Right to Counsel.
Defendant acknowledges his rights and waives his Right to Counsel.
Defendant requests to proceed with the trial.
Based on the record, the jury trial scheduled for October 24, 25,
and 26, 2012 at 8:30 a.m. will go forward.
TIME: 1:15 PM
This matter is recalled on the court’s calendar.
Andy is adamant that he wants to go forward with the trial and represent himself. Nathan has tried to explain that he’s facing serious charges and should really take the public defender, but Andy refuses for two reasons:
Mr. Arrington indicates that the defendant has changed his mind
and would like to be represented by counsel.
Key phrase in this notation: “defendant has changed his mind.” That represents a recurring pattern for Andy. Once upon a time Andy had investors, sold Xtagged for millions of dollars, launched an e-cigarette at a casino on an infomercial in front of a studio audience, was suing various people using teams of lawyers from his offices in Los Angeles and Las Vegas, had sold out his entire stock of an alcoholic energy drink, etc… All that changed at some point because Andy Esquivel “changed his mind.”
Defendant is indigent
and requests a public defender to represent him.
In other words, Andy is BROKE!!! He doesn’t have a job and lives with his mother. Poor guy. If you have any questions about this assertion, just watch the last video Andy published where morons-in-common Allen Brady and Ron Kelsay admit that they had to bail Andy out of jail and where Andy brags that he will not be paying them back because it’s against his principles.
requests the Court to appoint Mr.
Albright to represent the defendant.
State has no objections.
Under the circumstances, the Court grants the request and appoints
Mr. Albright as public defender. Mr. Arrington will notify Mr.
Andy’s NEW, new attorney is William Albright.
A pretrial conference is set for 8/28/2012 at 8:30 a.m. The Court
will leave the jury trial dates in place until Mr. Albright has had
a chance to review the case.
Andy’s new attorney is going to try to convince Andy to plead guilty to avoid spending time in jail, since the evidence is overwhelmingly stacked against him. A deal isn’t likely however because Andy can’t afford to pay the Utah victims back and this would doubtless be a condition of any plea deal his attorney negotiates. It would also of course require Andy to admit to the world that he is a fraud.
In a development which is routine for court cases of this kind but sure to be annoying for Andy Esquivel, the court has ordered Andy to hand over a comprehensive list (and copies) of all the documents he intends to use as defense evidence at trial, a list of all witnesses, their relationship to him, their contact information, a full accounting of any financial compensation they are receiving in exchange for their testimony, a list of all expert witnesses, their credentials, copies and photographs of all exhibits, and a detailed explanation of their pertinence to the case…or to provide proof that he is in fact insane.
Andy has been bragging ever since he was indicted that he had mountains of evidence which would prove him innocent and that he would bring an army of witnesses with him to trial. He must now provide the court with a full list of such or he will be forbidden from using any of them at trial.
This crazy email exchange between Andy Esquivel and his attorney was forwarded to Xtagged “supporters” recently as evidence that Andy was framed.
From: “Karma Cause” <firstname.lastname@example.org>
Date: May 23, 2012 3:38 AM
Subject: Re: Sorry Mr. Holje but we had good reasons.
To: “Michael Holje” <email@example.com>
Cc: “leo” <firstname.lastname@example.org>, “law firm” <email@example.com>, “firstname.lastname@example.org” <email@example.com>, “Steve K” <firstname.lastname@example.org>, “Alll” <email@example.com>, “John Steer” <firstname.lastname@example.org>, “shar” <email@example.com>, “chue berriel” <firstname.lastname@example.org>, “Daris Garner” <email@example.com>, “Jobita B” <firstname.lastname@example.org>
From: Michael Holje <email@example.com>
To: Karma Cause <firstname.lastname@example.org>
Sent: Wednesday, May 16, 2012 10:39 AM
Subject: RE: Shar great job. Relia exposes Daryl on John Richards!
This crazy, ranting email from Andy Esquivel is as much evidence of drug use as it is evidence that Andy is guilty of everything he’s charged of. No intelligent human being can read through this garbled mess and think anything other than “wow, this man is insane.”
With this email (sent to Xtagged “supporters”) Andy tries to explain in one twisted narrative the conspiracies that have brought him to this point – broke, being sued for $18,000 in back child support, unemployed, and on trial for felony securities fraud. If you can get through even half of this gibberish, you will be impressed with the extent of Andy’s psychosis.
It’s over for Daryl & Ryion this is only one of the emails below from many people that lost out because of these two men, Carlos Martinez SLC promoter Rick from playground has said Daryl manipulated him Constantine from world famous Harryos in park city did even better he told John Steer that Daryl did the same thing to 4 other Utah companies all these people will get there justice and now finally Shar, Cynthia, key, Sylvester etc all of you can stop saying I am crazy for not letting you civilly sue Chris & Kyle along with Daryl and Ryion, I was right about Chris E. so please just be patient please look Chris E. is CC you all need to understand Chris’s Gym promoted Xtagged for 2 years and Kyle called news, companies if it wasn’t for kyle I never would have talked to i-safe.org you all know the video of Johnathon king ex- F.B.I agent with i-safe.org that I told on January 2009 “they are going to try and bring Xtagged down” I told Allen what I was going to do and I said “We only have a few owners at the moment but I will bring more in to protect us, it’s not my fault Kyle brought Ryion in that’s how Daryl found his way in, Taylor was brought in also look at the time frame I brought Taylor in right at that time and Taylor brought in his good friend Jason just look at the time frame as a matter of fact I did not want Ryion I wanted Logan laws because of his father with pro image but Logan only had $2,500 so he partnerd with Ryion! You guys seen the pre-trial video Ryion says “Andy took money from a little boy a kid named Logan Laws” Ryion partnered with that little kid to begin with Ryion is just as manipulative as Daryl Acumen! Xtagged will win guys. When I told Andrew Couch (I have it recorded from 2008) “I could not merge Xtagged because of safety reasons” he got pissed because he wanted money but he could not attack me until Daryl told him about Ryion’s blog May/2009 look click here Daryl used to be with Xtagged 2006 but he got jealous because we was on the news not him so he quit but after the Fox13 interview he tried to come back Allen told him no. Daryl and Andrew Couch then plotted to use Ryion, kyle, and Chris why because Andrew Couch took the system to Mitch Thrower not fully knowing about the flaw in the system that’s why I could not finish patent because they were watching the filings you see patents are a rich mans why of coping your Ideas so if I would have went forward with that same patent I would have had to released the research of the system flaw that’s what busted Andrew Couch look his LinkedIn says past Director of business intelligence at Bump.com and now Mitch Thrower’s LinkedIn follows Allen Brady and John Steer he used to follow me and Steve but they told him I was going to do 15 to 25 years in prison can you blame the guy for unconnecting from our linkedIn Chris E. knows this I sent them a video showing Mitch Thrower was on mine and Steve’s LinkedIn and what did Daryl do manipulate again, Daryl tried to take what was rightfully ours and he is going down I was my own attorney at the beginning of this trial WHY so Daryl would strait up manipulate these guys and say Andy don’t have no money see he blew it all blah blah blah, now he is doing it again “Andy don’t have a lawyer” I have already spent $14,000 on attorney & ten trips to Utah. Why did I take plea in Bountiful to prove a point… Casey the prosecutor in Bountiful did not do a thing about the attempted kidnapping May/2009 where 20 people jumped us three because Casey believed we had hundreds of investor’s and he wanted us ran out of Bountiful, Casey called to see if Xtagged had a license to do business but he only called Utah! Xtagged was out of Wyoming, get it now Casey will look bad. Adam Sweet did not even know about our Wyoming paperwork he pretended he did at pre-trial but what Adam does not know is that Ryion Butcher wants to be a movie star Ryion has a modeling profile that’s how Daryl got to him “will be famous on tv if we bust Andy” but that backfired on Daryl because October 2011 Ryion called Ron our documentary cameraman and gave a phone interview “Ron I like you and I want you to come and film me” Ron then says prove it give me something! Ryion sent him a book written by Becky(Daryl) wait until you all see the book Becky wrote and sent to us a year earlier but that was not it Ryion then tells Ron the cameraman “OK here is the biggest evidence Adam Sweet has on Andy he never registered Xtagged” he did that phone interview Oct of 2011 and then Daryl manipulated Ron past to get Ryion to stop talking! Adam Sweet of the SEC acted like he knew the whole time about Wyoming Xtagged INC but at pretrial if you all watched Adam Sweet pre-trial video you seen Mr.Holje ask Adam who registered Xtagged in Denver Colorado you will see Adam stumble through paper work for a few minutes and nervously say Daryl A, Acumen what you guys don’t know is Allen brady and Steve Klemark and I got a call after our meeting with the SEC Judge because they did not want Adam Sweet in the meeting for him having me arrest for no reason Adam Sweet asked Allen, Steve and I to come back to the SEC office and meet with him we did I said nothing just sat down and recorded the meeting Adam sweet told us “I don’t know a Daryl Acumen” Allen was amazed Allen said “What I told you about Daryl then Adam says I don’t know who you are Allen I only talked to Andy’s attorney Leonard Martinez, Allen told Adam Sweet ‘You called me 5 times asking if I would go against Andy and I said no and you would hang up! Then Steve klemark started in on Adam Sweet, all recorded guys, you see why they don’t want trial. We than came back to Denver and went strait to Leonard Martinez and told him that Adam Sweet said he did not know Daryl Acumen I record Leonard also guys Leonard was amazed and said that’s a lie I told him about Daryl myself. Ryion even told Ron something weird is going on I called Adam Sweet to tell him that you and I have come to an agreement Andy will pay Kyle, Chris and I our money back and I don’t even want interest Ron, remember Ryion wants to be in the documentary Ron says lets get it done I will film me giving you checks but then Ryion says we can’t because the Davis prosecutor said no he won’t allow it Why because if it’s dropped Casey the Bountiful prosecutor is now in trouble ready for this, Mr. Holje and Casey are great friends… I recorded every meeting with Mr. Holje the last one Mr. Holje is yelling at me to take the plea of misdemeanors and no jail time get it (Buddies Casey & Holje) Chris E. got a copy of the email I sent Mr. Holje and the truth is if I would have taken the plea Mr. Holje is right it would not hurt my civil suit against platester/Bump.com and since we let Mr. Jenkins pay these men at court we would not owe them anything everybody wins in his book Casey now can say see he was guilty that’s why Mr. Holje was forcing the plea on me I have a watch cam of all my meetings with Mr. Holje. Karma is my life guys I will prove it now ask Chris E. he got a copy of the email I sent Mr.Holje when I fired him I told him in the email “I can not do that because if I leave Kyle a man that helped me for two years hanging out to dry it will come back on me through karma because Steve, Sylvester, Key, Shar, Cory etc were going to sue them Kyle never should have sent an email that read ” I agree with everything Daryl and Ryion say about Wiser e-cig and the other fake companies with hundreds of investors! He is brain washed guys Kyle even sat down with our patent attorney, so to make this short I fired Mr. Holje to protect Chris and Kyle for my Karma. Now I will return to court representing my self again Why because I have all this evidence on video that’s why Brian Doubleday owns 20% of the movie rights this man is a movie genius he made Instinct that movie gave me so much in life Cuba Gooding JR I believe got an award for that guys I guarantee Brian will get a Pulitzer award for Xtagged movie, Facebook is getting sued Google it they are getting sued for their movie social network because it was 80% lies Xtagged is all on video since 2005 when it was Single & Dating Mr. Doubleday knows all of this look he is CC. Facebook is now in trouble with the SEC and everyone who invested is suing Facebook that’s why I never wanted to sell them pretty certificates that Allen Brady has had the whole time I wanted to hire Melissa Gar, Brian Davis worker you all remember Brian Davis the guy in Bountiful that lived in 1.6 million dollar house on hill next to the temple he sent Melissa Gar to me so they could handle INC, certificates, but then Ryion Butcher told us no don’t do that “I have a marketing degree guys” we all were there when Ryion said this at our sushi shop “I can sell Xtagged products an make us a lot of money” we only believed it because he was Kyle’s friend! The only reason Chris and Kyle don’t have paperwork like Allen Brady, Robert & Kim from playground is because they did not want to pay Jason web Xtagged Inc attorney $310 an hour to draw it up, Allen owned Bus company their lawyer did it for him not for free but you get what I mean Robert & Kim’s club lawyer did theirs. Chris and Kyle used that paperwork because Jason and another attorney emailed it to me
Screen-shots above are emails with Chris and Kyle’s paperwork from Utah Attorneys 02/04/2008! I want trial 100% but I don’t want Kyle and Chris to get in trouble they are manipulated by Daryl Acumen, ask Taylor Jones I asked if he could help save these men I have CC everyone because it’s all true look Taylor is in CC.
All this evidence is at http://www.diigo.com/user/xtagged you can find it on your own and that’s only 10% of evidence Mr. Holje told John Steer he did not want to see his evidence, that sent up red flags because he was helping his friend Casey the Bountiful prosecutor I paid $1,500 total for disorderly conduct! WHAT! “I CALLED THE POLICE GUYS” I am listed as the victim in Bountiful case report I have copy if needed media only they put no one was taken to the hospital John Steer was hit with a pool ball 14 times in the head that’s attempted murder I told Mr. Holje we were kidnapped he said why because they locked you in the store I said no Sir, because it was twenty men on three Why 20 to 3 because they were going to carry us out of there they just couldn’t believe we defended ourselves with 20 against 3, I have a recording of the fight on my old Samsung smart phone, he said let me see it, I said at trial you will he then keep billing me $200 an hour and said your not going to have enough money for the Davis court if you keep this up just take the plea of $300 and six months probation or else this is going to cost thousands, for a Disorderly conduct guys Mr. Superlawer.com ended up costing me $1,500 dollars and still had to plea a disorderly conduct that I never did in short don’t ever call 911 in bountiful because I did and it cost me $1,500 to call the Bountiful police, the men who moved all the furniture to jump us (I have video) that’s called premeditation and they unplugged the stores video cameras and please note the workers of hero’s computers where they jumped us never called 911 I did, it’s funny because Casey the bountiful prosecutor says to this day it was only four guys (I have a video of it) but never the less them four guys got a $300 fine That’s it! I paid $1,500 John Steer paid $180 fine and $5,000 bountiful hospital bill, yes Mr. Holje’s best friend Casey the Bountiful prosecutor showed us scammers and ran us out of town, only problem is we are not scammers and we did have INC, and where are the hundreds of investors we scammed so now what do they do.
Mr. Doubleday Sir, you know theirs to much to fit in this email but I only try to fulfill my Karma and guess what, I have done it now if trial proceeds I have done enough to warn Kyle & Chris here comes trial Sir get ready to film the trial in Utah. FYI the day you heard me out Brian for 5 hours and you did not ask for anything is the day I knew we had the right people for Xtagged movie here is some good news for you Sir, I will prove to you I am not about money rewrite our contract I am going to give your company 30% not 20% of documentary/movie royalties just promise you will tell the world everything Sir, Daryl Acumen used the internet as a weapon against all of us please tell the world. The other 20% is for my Xtagged team and the other 50% of course goes to karmacause.com
Andrew Couch got to see the big time with Mitch Thrower at first, and I almost lost everything but in the time of having nothing I invented so much more, so yes Andrew got to party and celebrate back then but the money clouded his mind and he just peeked… I on the other hand had nothing to cloud my mind and invented Buzz/wiser, Wisertechnology, Facebook apps just go look at www.Wisertechnology.com and see for yourselves that’s why I don’t want money in my account it’s that simple I will draw a salary from Karmacause.org that’s it! After everyone knows the truth they will trust www.Karmacause.org because it puts Digital fingerprints on everything and Steve Klemarks DigitalInternetDna.com will blow you all away that’s why he is CEO of WiserTechnology.com.
I will see you all when I come to Utah June 19th Dre, Zac, Rick Carlos all you guys that have recently email me just like Dre below’ I miss you to bro, none of this is your guys fault you did not abandon Xtagged Daryl is just evil and tried to steal your rightful blessing from God because I don’t know how I did all this all I know is that God does exist because before I could not live without my son Andres and my daughter Savannah ask John Steer he will tell you, my son and daughter was so proud of me in 2007 after Fox13 but now because of Daryl Acumen manipulating them with all these lies I have not seen them for three years… My son sent me an email 2 years ago that read ” You scammer why don’t you invent something that really works” my family says they think my ex wrote it not my son never the less I asked God to please give the strength to keep on inventing and oh boy he answered my prayers just look at us now Xooplay is not scam nothing is and with my prayers answered in full I knew I would see them soon that’s why I want trial over because I miss them dearly I just had to think of all children not just my own. Steve Klemark Denver P.D his father retired N.Y.P.D got so much research from these last two year that now I can say it will benefit our children 100% I just could not say anything, now you can see why… all I ask of you guys is to pray that I get to see Andres & Savannah soon because I don’t care about money just God.
P.s look at the way I write Ok that’s me Rebecca Dunn is the one that wrote all the text for Karmacause.com and Wisertecknology.com that’s a lot from her so please until a real investigation happens and don’t worry a real one is coming the SEC Judge told Allen Brady Aug, 02, 2011 he would start one as soon as Davis county case is over he told Allen that, so please everyone stop telling me that Daryl & Beckie are a Mother son team… Beckie told me that she was going to get Daryl for kicking her out of his home I believe at trial she will make good on that, if not and I am wrong that’s for God to judge not us. look at what I have been living and the proof of that is if we are in court and trial is coming 100% why still run slander/smear campaign to this day. Daryl and Ryion are so desperate they turned www.Xoutscams.com back on why when I am supposedly already caught! This is why, if Daryl and Ryion turn it off well they in a way turn of the brain washing machine right Chris E. you now why I truly fired Mr. Holje that’s why you are connected to all of us now and thank God.
God bless Us All! Dre see you soon…
Thank you God, it work guys our DigitalInternetDna.com app worked look at the screen-shots it even traced where it was coming from… And you will not believe what building they tried to hide it from but Digital Internet Dna aka D.I.D caught it all. Steve your Dad in N.Y.P.D bro you and him are going to be famous you did it just as they discovered Dna you discovered Internet Dna get ready this is going to be big!
Check this out it will blow you away;
I told you guys you don’t know everything now it’s time I want you to click link below and click image of the bountiful police report 05/24/2009 I was primary victim…
http://xtagged.blogspot.com/2011/12/lets-disprove-daryl-and-ryion-again.htmlAre you ready click this link below of bountiful police on May, 01, 2009 the police in this video were two of the 20 men that attacked us May, 24, 2009 our police report says no one went to the hospital that’s a lie, I have a video of the whole fight ask John Steer Xtagme@gmail.comhttp://www.abc4.com/news/local/story/EXCLUSIVE-Bountiful-City-settles-taser-lawsuit/KQEAenKQS02dTF8Q9DTQ3w.cspxThat’s why they were trying so hard to make me take the plea bargain of misdemeanors and no jail time they need to make me look bad! I am innocent I invented Xtagged.com and I am not taking plea… Read the two page email I sent earlier about Bountiful prosecutor Casey, SEC’s Adam Sweet & my so called $200 an hr attorney Mr. Holje that I fired and now he marks my email as spam screenshot 3 & 4 be sure to click all links in that email video and screenshot evidence please.I hope you all read the long email of F.B.I 2008 I sent before this one, Xtagged.com is worth billions this will be the biggest internet news story ever.Mr. Holje told me it was childish and dumb that I record everything, I recorded him saying that in court conference room what attorney that you pay $200 an hour would say that!I recorded everything since the beginning of Xtagged and especially now…WWW.KARMACAUSE.INFO
Andres Esquivel KarmaCause CEO:
Sent with my Xraza-phoneConfidential Information – This email is for use by the intended recipient (s) and may contain privileged, confidential or copyrighted information. Unauthorized use, copying or distribution of this e-mail, in whole or in part, is strictly prohibited. If you should not be an intended recipient of this e-mail, please notify the sender by return e-mail and delete this e-mail.
No Contract Formation – This e-mail does not constitute a contract
In this email sent to Xtagged “supporters,” Andy Esquivel rails on his own attorney, alleging collusion and misdealing. He continues to claim that his attorney somehow forced him to accept plea deals in Bountiful and American Fork, as if that were possible. He again brags about the law enforcement connections he supposedly has amassed and tries to make his supporters believe that these “connections” will somehow shield him from the criminal charges he now faces.
Ever since we confronted Mr. Holje about Casey the Bountiful prosecutor and him being friends he has had our emails blocked as spam attachment 3&4;
Mr. Holje forced both pleas all you have to do to confirm this is get all court videos/transcripts, Ryion & Daryl told Bountiful prosecutor April, 29, 2009 we had hundreds of investors we scammed that’s why prosecutor had us ran out of Bountiful… As you see it was all a lie and that’s why they tried to force plea on me again for the third time it’s just this time I had to protect Chris & Kyle because I could not show them this stuff back then I was told not to…
Mr. Martinez 303.623.3300 our Denver Attorney since April of 2010 knew all of this the whole time he says this calls for an F.B.I investigation Steve & his Father of N.Y.P.D have went to the F.B.I that why I now dare to release these video they were marked private. Xtagged system is worth billions and in the last email about Adam Sweet from the SEC I showed you how he lied about Daryl Acumen Leonard also confirmed in his video that Adam Sweet was not being truthful.
Now do you get why Mr. Brian Doubleday is producing this movie it’s big we have a meeting with Mark Flores the attorney that sued Bountiful for Bruce Harper he was Xtagged supporter his plate wasn’t crooked he had an Xtagged bumper sticker on his car! They Attacked Bruce May, 2009 and us May of 2009 get it the police was to run Xtagged out of town because Casey Bountiful prosecutor just believed Ryion and Daryl did not check it out now they don’t know what to do…
From: Karma Cause <email@example.com>
To: “firstname.lastname@example.org” <email@example.com>; “firstname.lastname@example.org” <email@example.com>
Cc: Digital I-D filed <firstname.lastname@example.org>; Brian Doubleday <email@example.com>; Steve K <firstname.lastname@example.org>; Alll <email@example.com>
Sent: Friday, June 15, 2012 5:39 PM
Subject: Fw: Here is one of the emails from my $200 an hr lawyer.
Look at the date it was before pre-trial they made me plea of misdemeanors with no jail & I said no and then Ryion, kyle & Chris committed perjury 22 times we stopped counting at 22 I know their is more, after I posted some of the lies and my attorney video of Leonard Martinez Chris E. one of the plaintiffs had a change of heart and now is connected to Steve Klemarks police LinkedIn and John’s all of us http://www.linkedin.com/in/xrazaWWW.KARMACAUSE.INFO
Andres Esquivel KarmaCause CEO:
Sent with my Xraza-phone
Brian I know this is blowing your mind I have attached commitment I signed with you 05/04/2009, please look at the date on email from Microsoft to Klye attachment 3 same day I signed with you all this is happening because Xtagged is worth billions if you watched the Facebook movie The Social Network you will see that even the treasurer of the U.S laughed when he was told Facebook would be worth millions. And know Daryl sent emails to my family saying that they are going to pull my bail on Tuesday I guess they really want to force the plea on meI told my family Daryl just wants them to be scared for me and talk me into taking the plea my family did not know everything about my evidence so ya can’t blame them at all… As you can see Brian Doubleday is CC: and as a movie maker he knows how much that would build the Xtagged movie “Dam it! Andy won’t take the plea lets pull his bail” I would go for my cause in a heart beat, unfortunately my family already has copies of the 22 perjury emails on the plaintiffs and would be knocking on the city hall doors instantly…
It works like this usually the prosecutor will let you sit in jail to force you to take plea, oh and they tried to put me in jail wait until you hear about that! But jail did not work because the other owners of Xtagged and my family bailed me out so they have Daryl start new website Dec, 05, 2011 in Ryions name and turn up the lies to try and force me to take plea unforgivably on their behalf that backfired on them because Steve’s wife tried to commit suicide thinking her husband really scammed hundreds of people for millions of dollars Amanda Klemark 3 days in Denver hospital and when I told Mr. Holje that he did not care I have video of it… That’s why Steve will not talk to anyone now but the Judge if you look at screenshot of Steve’s Facebook where Amanda wrote having a wonderful day because Steve’s father retired N.Y.P.D is back in town Steve does not want to say anything else until he takes the Stand. Allen Brady talked to attorney Mark Flores and was told be careful you could be in danger just last week.
P.s I don’t believe we will get in to Utah early enough to meet with you tomorrow but I will call your office at 1:30pm I can meet with you on Tuesday my court is at 8:30am anytime after that would be great Ron will be filming some more witnesses so I can meet with you anytime Tuesday I have to get back to Denver Wednesday I have two kids that I need to take care of while my mom is at work and my girl is in chief school I wish I could stay longer but my family calls, it was nice speaking with you Mr. Holje would not contact you now I know why! He charges $200 an hour and would not due what I asked him for, for $50 bucks an hour I would call the person daddy and do everything I was asked as long as it was legal happy fathers day see you soon…
In this video, Andy goes into extensive detail about his side of what’s happened with Xtagged and Wiser Technology over the last several years. It’s an amazing collection of lies and distortions coming straight form the mind of a pathological lying sociopath, but it’s very interesting to watch. Andy even claims he created the Xtagged scam for his twin kids in Utah – the ones he owes over $15,000 in back child-support for.
Every crazy thing Andy has every said is reiterated in this video. This is a pretty good review of what Andt will try to say at the pre-trial hearing on June 19th to save his skin ant probably at trial. The video is over a half an hour and makes you wonder why people like Andy and Steve Klemark are walking the streets instead of locked up in padded cells with lots of medication and professional supervision. This is an example of why the liberalization of out-patient mental health is not necessarily a good thing.
The judge overseeing the fraud case against Andy Esquivel signed the order releasing Michael Holje as Andy Esquivel’s attorney on Friday. Check the case file update for more details [PDF] or click here for the official court order [PDF]. Now Andy is OFFICIALLY officially on his own for the pre-trial hearing on the 19th. The questions now are (a) does Andy Esquivel have enough evidence or the skill to try this case on his own, (b) does he have the balls to ask for a trial date instead of another ‘extension’ and (c) will he throw himself on the mercy of the court and ask for a public defender to replace Michael Holje? My guess is the answers are No, No, and Yes.
On June 7th Judge Connors and prosecutor Lyon officially accepted Michael Holje’s motion to be released as Andy Esquivel’s attorney in fraud case#111701135. As of yesterday therefore, Andy Esquivel is officially without legal representation. The question remains whether or not Andy will accept help of a public defender. Odds are he will because he’s too broke to hire another attorney. Of course there’s always the possibility that Andy will try to represent himself with that box full of evidence he claims to have, but I doubt he’s that stupid. Andy knows he’s guilty and representing himself at trial would only hasten the prosecution’s case.
The Pre-trial hearing in in a week and my guess is that Andy will ask for another extension to give him time to think. An accelerated trial would be a disaster for Andy, as he would at minimum be found guilty and be ordered to pay Ryion, Kyle and Chris back in full. As always the full case update can be found here [PDF].
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.
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:
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?
On April 24th Michael Holje asked for a continuance of the pre-trial conference until June to give him more time to negotiate a plea or prepare for a defense. The court agreed and a 2nd pre-trial conference has been set for June 19th at 8:34am. As always trial updated can be found here [PDF].
The new film will cover the story of Xtagged from it’s roots in ham radio in the 1950s all the way up to Andy Esquivel’s pending criminal trial and ultimate conviction on securities fraud charges. Comedian Carlos Mecca has reportedly agreed to play the roll of Andy Esquivel in the new film, which will no doubt be directed by Ron Kelsay.
In other news, Andy Esquivel is running from the Colorado Office of Recovery Services which is trying to get back child-support from him for the two kids he abandoned in Utah. Since Andy is currently unemployed, hasn’t worked in over a decade, and is about to be charged with fraud, they’re finding it difficult to get Andy to own up to his parental responsibilities. Andy hasn’t paid a dime in child support in years.
Andy now claims that the real roots of Xtagged were in Ham Radio. He’s come to this conclusion because he noticed one day that Shar Jenkins’ father Silvester C. Jenkins, who is apparently a Ham radio enthusiast, has a personalized license plate with his call leters on it. This has been a practice of HAM radio enthusiasts for years, and therefore Andy concludes that it must have been his inspiration for Xtagged!
Andy’s pre-trial hearing was held yesterday at 8:34am. We don’t have any updates on the hearing yet, but will post details once the court records are updated.
The audio transcript of Andy Esquivel’s Felony Securities Fraud preliminary hearing and his subsequent arraignment on three felony counts of Securities Fraud is now available here.
After the hearing was over, Andy walked out of the courtroom and confronted his followers who were forced to wait outside and who had no idea what had just happened in the courtroom. Watch this [VIDEO] of Andy trying to put a good spin on the fact that he was just indicted on three felony counts of securities fraud. It’s really fun to watch a master con artist and pathological liar at work.
I’ll have more updates once I review the audio transcripts, but on Wednesday Andy’s attorney tried and failed to get Andy’s charges reduced through a plea bargain. First he offered to get the investors their money back within an hour in exchange for reduced charges, but Andy was unable to come up with the money. Next he tried to get Kyle’s 2nd degree felony charge reduced, but the Judge and prosecutor would have none of it.
All three victims testified on Wednesday as well as Adam Sweet of the Utah Department of Securities and his Director. The case against Andy was made clear and little room for discussion was left after the expert testimony. Andy’s minions were not present in the courtroom as the Judge issued an exclusion order removing them from the court-room.
A pre-trial hearing has been set for April 24th, after which Andy will go to trial for securities fraud. A case update can be found here [PDF].
Andy also released this hilarious video in which he makes a slew of new allegations and shows off the hidden cameras he supposedly used over the last several years to document his persecution by the state of Utah. Andy also talks about his new Wiser memory card with amazing new features to impress his friends. It’s fascinating how easily Andy Esquivel slips from one lie to the next without skipping a beat and without realizing his lies are contradicting other lies he told previously. It’s very entertaining to watch a mindless sociopath at work.
I know this will come as a SHOCK to some of you reading this blog, but Andy Esquivel recently posted a new YouTube video in which he claims that (get this) Xtagged wasn’t a scam after all!
Wow, what a relief! I had no idea. Damn, well I guess Andy can fire Michael Holje now and we can all go home…NOT!!!
As ‘proof’ for his assertion that Xtagged wasn’t a scam, Andy points to a password protected link on his Wiser Technology tombstone website which he says contains documents which PROVE that even though Xtagged never legally existed, it somehow legally existed – did you follow that? No? Ok, let’s try again…
In order for a company to legally exist, it must be registered with the Secretary of State of the state in which is chooses to do business. Oh, and it should probably have a business license to go with that registration. Xtagged, Inc. never had a business license, and was never registered in either Colorado or Utah. That means Xtagged Inc. never existed except in the imagination of Andy Esquivel.
Just to be clear for those of you who are still confused: just because Andy Esquivel pretends that a company exists, that doesn’t make it so. 😉
So, Andy has these fraudulent documents which he claims prove the impossible, but they’re hidden behind a password protected link that he’s only given to the multitudes of journalists, who couldn’t care less about him because none of them ever show up to any of his court hearings, and he expects those of us who aren’t out of our minds to believe him? …uh-huh, that’s what I said.
Anyway, in Andy’s video, he goes on and on about how he warned everybody that Xtagged wasn’t fake (as if that somehow makes the company real) and points to an email he sent in which he tells everybody this months ago. He even claims to have told the SEC (by which he means the Utah department of Securities). Gee, I wonder why the Davis County Prosecutor decided to go ahead with the case when Andy had sent out this email saying he wasn’t a scam after all? The Utah Department of Securities investigator must feel like a fool for missing Andy’s email telling him that the whole investigation was a waste of time. All Andy has to do is show that warning email to the Judge on the 21st and I’m sure it’ll all be over. Good luck with that Andy!
Esquivel even digs out an old email my mother wrote when she was still completely delusional and hanging on Andy’s every word. My mother later apologized for the email and admitted that everything in it was a lie, but that doesn’t deter Andy. Beckie even tried to make up for her part in Andy’s various scams by sending hundreds of pages of incriminating documents to be used against Andy in his pending fraud case (see Beckie Speaks for a sample), but again Andy is undeterred.
All-in-all it’s a pretty sad video. Andy is obviously out of steam and grabbing at straws to try to save his pride. I guess facing felony fraud charges and an eminent indictment can really weigh on a guys psyche. No matter, it’ll all be over soon. All Andy has to do is plead ‘guilty’ and he might be able to avoid spending the next several years in a Utah state prison.
…or he can just go into hiding for ten years like he did when he was charged with 2nd degree felony burglary of a dwelling in Weber county back in 1988 and just hope the whole thing blows over before he’s 50.
Logan Laws has just returned form his mission! He arrives just in time to testify against Andy Esquivel – if Andy’s lawyer isn’t able to negotiate a plea deal before the trial starts.
Logan bought .5% of the fictional company “Xtagged, Inc.” from Andy Esquivel for $2500 – which he borrowed from Ryion Butcher. Logan’s father was able to pressure Andy into returning the money by threatening to turn him over to the authorities press charges for fraud (ironic when you think about it). Andy was only able to come up with the cash by conning it out of a gullible dork named Shar Jenkins in Denver. Logan then returned the money to Ryion.
All of this is of course documented and the prosecutor has all the details. Logan has stated that he intends to tell his side of the story at trial. It should be interesting. How low can a con artist go, scamming money from a 19 year old kid? Andy deserves what’s coming to him.
Is anyone else still wondering why Xtagged.com still redirects to Bump.com in spite of the fact that the Bump people have made it clear numerous times that they have absolutely no affiliation with Xtagged.com, Andy Esquivel, Wiser Technology, Karma Cause, or any other scam Andy is running? I’m just curious what Andy thinks he’s accomplishing by linking to a company that doesn’t know or care that he exists and that he claims to be suing.
Seem retarded to anyone else?
Daryl,BUMP has NO affiliation and NEVER has had any affiliation with Xtag, BUMP is not being sued by xtag.—Best Regards,Andrew PhippsBUMP.com1295 Prospect St
La Jolla, CA 92037
Director of Business Intelligence
Andy’s attorney notified the court this week that he needed more time. A new preliminary hearing data has therefore been scheduled for March 21st @ 2:30pm. Here’s the latest case update [PDF]. Odds are Michael Holje will spend the next month negotiating such a plea bargain on Andy’s behalf and advising his client to take whatever he can get.
I’ve uploaded a scanned copy of the fraudulent documents Andy Esquivel used to scam Georgia Brady out of $50,000. The docs were drawn up by Georgia’s attorney and her son Gene Allen Brady helped facilitate the scam. The documents are notarized and would be fine except for one tiny detail which Georgia’s lazy attorney never bothered to check: the company listed on the documents “Xtagged, Inc.” never legally existed. These documents are evidence of fraud, however Georgia’s brainless son convinced her not to press charges against Andy so that he could continue to be Andy’s friend.
Here’s a link to the document [PDF].
…and here’s Georgia Brady’s response to the way Andy jerking her around after stealing her money:
April 9, 2010
To Whom It May Concern:
Last week, Andy set up a meeting with me, our lawyer and Steven K. McCormic for yesterday in Sandy, Utah at 11:00 a.m. As usual, he didn’t keep his commitment and is still jerking us around.
What is it going to take to get all of you to understand that Allen and I have the right as part owners of Xtagged to know who all the new owners are, the name and contact information of your lawyer so we can send the proper paper work to him that will show we legally own part of Xtagged? I know that Andy is blocking our every efforts so you don’t find out what a
liar he is. Like it or not, Andy has committed fraud and if you continue to protect him, you will be part of his fraud game and guilty by association according to the law.
Now, we can get this information peacefully and professionally or we can get it the hard way. Your choice. If I don’t get this information for my lawyer within the next 24 hours, Andy and Xtagged plus everyone associated with him will be turned over to the Federal Division of Securities for fraudulent activities Monday morning. Andy has done fraudulent business in 5 or 6 states, making it a Federal offense. Not only will they get our information for us but Andy will end up in prison again.
So, do we do this peacefully and professionally or the hard way? Your choice – 24 Hours!
Please email the information to Georgia. Thank you.
We just added a “Beckie Speaks” tab to the blog where I intent to post as many of Rebecca Dunn’s anti-Xtagged documents as possible. Beckie was formerly the pretended CEO of Andy’s various scams. She eventually came to her senses and realized that Andy is a con man and Xtagged / Wiser are scams. She’s still a little delusional, but her documents add a lot of color to Andy’s operations and state of mind.
I first became aware of Xtagged through a club owner in Salt Lake City. I owned all the nightlife websites in the state at the time and Andy had approached this club owner about his social media website hoping to persuade him to give Andy special access which he could use to look like a big-shot and pick up girls. Andy tried this ploy in several nightclubs in Utah including Skybar, Allure, and eventually Playground, which (according to Andy) went so far as to give him a percentage of the club in exchange for ownership of the club in exchange for licensing rights to the Xtagged.com website. The club owner in Salt Lake suggested that Andy meet with me, since I was already dominant in the nightlife social media space and a friend of his, and called to recommend I speak to Andy.
When I met Andy, he gave me an elaborate pitch about a dating website that used license plates to authenticate users and blue-tooth technology. He told me that MySpace was offering to buy him out for $100 million dollars and that everything was patented. The idea didn’t sound very marketable to me (the MySpace buyout claim was downright ridiculous) and I doubted it would ever go anywhere, but I continued to listen to Andy because he had been recommended by a friend and because his claims about patents seemed plausible and if so would have indicated that there was in fact some legitimate intellectual property behind what he was saying. I wouldn’t find out until much later that his patent claims were absolute garbage.
I told Andy that I would post his Xtagged logo on my website’s homepage (it actually rotated with other partner logos) and that I’d introduce him to some technology investors in Park City who could flush out whether he had anything worth funding. My wife objected to me working with Andy because she thought he was full of crap, but I said that there was no risk since it wasn’t really costing me anything except my time and I owed it to my friend to at least hear him out.
I later introduced Andy to my mother, who was out of work and living with me at the time, to see if she would be able to pick up some business consulting hours for helping him get his story straight. Andy claimed to have funding and I figured if he was for real, then he and my mother could mutually benefit one another.
I eventually took Andy to meet with some investor friends in Park City, but the meeting came to nothing. They later told me that they didn’t believe Andy’s idea was worth their time and they doubted he had any really proprietary technology under the hood. My wife and I drove Andy and his companion Allen Brady home after the meeting and spend three hours with them stuck in a snowstorm on the freeway listening to Andy rant about his technology and ideas. It was then that my wife realized that not only was Andy Esquivel completely full of crap, but he was probably insane as well. I was too busy fighting traffic to notice and my wife would spend the next several months trying to convince me to stay as far away from Andy as possible.
Andy eventually convinced a club owner to let him “hang out” with his friends and promote his “Xtagged” brand in their vanue. The club was Playground in Park City and Andy invited me up to take pictures of his events and to meet the club’s owners. The events was a total bust with only Andy’s invited friends and Allen Brady attending, but I used the time to introduce myself to the owners in the hopes that I could leverage the relationship later during Sundance as a way to expand my website’s reach into Park City. It was during that event that I started gettign red flags which suggested Andy was not at all what he claimed to be.
First, Andy pulled me aside and complained that I’d talked independently to the owners about working with my website to promote their events. Andy claimed that he’d “already hooked [me] up with them bro” and that I’d “embarrassed him” by going over his head. I pretty much blew Andy off and told him that under no circumstances would I allow him to speak for my website or to be an intermediary between me and nightclubs in the area. My website sold itself and the last thing I needed was some small-time upstart interfering with my operations.
Later that same night Allen Brady gave me my second red flag when he approached me at the clubs back bar and confessed that he was beginning to think that Andy was a scam and completely full of crap. I didn’t share with him at the time that I had come to the same conclusion. Instead I reassured him that many early stage ventures seem shifty at first and that he should keep a healthy skepticism and keep his eyes open, but that I was sure Andy was probably an alright guy. In short, I lied!
Andy and I continued to speak occasionally over the phone for several weeks after the failed Playground event. I managed to talk to his patent attorney at one point about some unrelated business, but Andy told me not to call him again because he was trying to steal the company from him (a recurring theme over the years). My mother continued to meet with Andy and even had my uncle talk to him about his ventures. Apparently Andy gave him a sob story about his lawyers trying to steal his business from him and my uncle bought into it, offering to help. I’m frankly not completely convinced that my uncle isn’t a con-artist as well.
I continued to tolerate Andy even though I was increasingly convinced that he was full of crap because I believed that with some professional help he might be able to turn his wild ideas into a viable concern. I kept his logo on my website to add variety and my mother continued to work with him even though, except for a few dollars Andy asked me to give to her once at Playground, she wasn’t getting paid. Eventually my mother moved away and I lost touch with Andy. Looking back, it was a huge mistake to deal with Andy for as long as I did. The red flags were all over the place, but like many I was too busy to pay them much attention. Most of the time I would humor Andy and listen to his rants simply to avoid an uncomfortable conversation in which I confessed I didn’t believe a word he was telling me anymore. I was probably numb to Andy’s garbage because I dealt with so many promoters who were just like him on a weekly basis.
In the end, the only person I have to blame for my involvement with this dirt-bag is myself. My wife continues to tell me ‘I told you so!’
Xtagged.com was a social media dating website assembled by Andy Esquivel that used license plate numbers as the primary identifier. I claimed to make the Internet safer by employing advanced technologies like facial recognition and API links to law enforcement databases (like child molester registries) and the DMV to authenticate user identities.
Unfortunately the entire system turned out to be an elaborate scam and Andy Esquivel was subsequently charged with three felony counts of securities fraud for selling stock in the holding company (Xtagged LLC or Xtagged Inc depending on the day of the week) which never legally existed.
The case is now before a district court judge in Davis County and Andy faces up to 25 years in prison if convicted – 15 for one 2nd degree felony count and 5 years for each 3rd degree felony count of securities fraud. The Utah case number is 111701135.
Xtagged.com no longer exists and is being redirected to Bump.com, a legitimate website based on the same concept. Andy current;y contends that Bump.com stole his idea and claims to be suing them over it, though no evidence of such legal actions exists and there would be no basis for one if it did.