Xtagged.com SCAM (and con-artist Andy Esquivel)
The truth about Xtagged, Wiser Technology, and the scams of Andy Esquivel
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Category: Andy’s Threats
Andy Esquivel arrested (again)
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.
Andy Esquivel – Final Word
Posted on November 12, 2014 in Andy Esquivel's Scams Andy's Threats Ron Kelsay Wiser Technology
A judgement has been entered by the State of Utah onto Andy Esquivel’s record requiring him to pay $14,300 in fines and restitution for his Xtagged scam. Andy must submit to DNA, drug, and alcohol testing as a contrition of his probation for the next 36 months. He also needs to get a job. It’s been a long road, but Andy Esquivel was finally brought to justice – in no small part BECAUSE OF THIS WEBSITE!!! The conviction of Andy Esquivel is bitter-sweet in that only three of his numerous victims came forward to press charges (representing a little over 10% of the total money consumed by his various scams), but the results are very nearly the same. Andy’s mental infirmities and propensity for criminal behavior have been documented permanently for the record and future victims will avoid losses because of our efforts. Furthermore Andy’s existing victims have been publicly vindicated as Andy has admitted for the record that he is a pathological lying sociopath with absolutely no business sense whatsoever. After all the noise and smoke Andy made about a conspiracy against him, it’s a bit disappointing that in the end he admitted wrongdoing and avoided a humiliating public trial, but there’s always Castle and The Blacklist for entertainment so I guess I don’t mind. In the end Andy was arrested for assault, harassment, fraud, and sued for 18+ years of back child support…that pretty much sums up Andy Esquivel and his friends for the world (minus of course the drug use and alcoholism). You can read the final documents of Andy’s case here:
http://www.xtagged.co/files/cases/111701135/111701135-sentence.pdf
http://www.xtagged.co/files/cases/111701135/111701135-final.pdf
Steve Klemark, Allen Brady, Lasharielle Jenkins, and Ronald Dean Kelsay must all feel really stupid right now.
Andy Esquivel lies (a list)
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:
- Truth: Andy Esquivel conned $5,000 from an investor named Ryion Butcher
- Truth: Andy Esquivel conned $50,000 from an investor named Gene Allen Brady and his mother Georgia Brady
- Truth: Andy Esquivel conned $10,000 from an investor named Kyle Kluff
- Lies specifically told to scam victim Kyle Cluff in order to secure his investment (quoted from recent testimony):
- Donald Trump was buying xtagged, and he called Andy and Andy put him on speaker phone so his family could hear and celebrate.
- 24 hour fitness was endorsing xtagged and we would be on the Biggest loser.
- Geico was endorsing xtagged.
- Kyle needed to sell all these Nike stickers so Nike will endorse xtagged.
- The Attorney General of Colorado was going to endorse xtagged and take it to President Obama.
- Colorado University professors wanted to use xtagged with the grant money they received.
- P 90X was going to pay you to use xtagged and if Kyle helped Andy get in shape he was going to split it with Kyle which would of come to $30,000.
- Andy got paid millions of dollars from real estate companies to use xtagged for selling their homes.
- Myspace wanted to by xtagged for 5 million dollars.
- The DMV was going to use xtagged system.
- Americas most wanted was endorsing xtagged.
- [Andy wa going to be on Oprah in just 6 more months (this was three years ago).
- xtagged was going to have a super bowl commercial for 2009 for Budweiser.
- Andy was in the middle of brokering a deal with Budweiser for your amazing “trademarked” commercial.
- Andy told Kyle multiple times, “Kyle, it’s done we sold xtagged, your officially a millionaire.”
- xtagged was supposed to be on 10 different news stations, (many of which were fox news, and not the regional ones but nation wide fox news.) but Andy didn’t want the site to crash because of being over viewed, so he postponed the interview.
- Scam victims will get their buy out in just one month.
- All of Andy’s companies, (xtagged, car cover, BTP, the sushi shop) were under the same company name and Kyle owned 3 % of each.
- Andy had a Google executive fly out to Utah, just to meet him and talk about xtagged.
- Andy owned www.yourplates.com and was using it as a trial version of xtagged.
- That xtagged had facial recognition and that Andy ha meetings with many FBI agents who loved xtagged.
- That xtagged was going to be on shark tank the tv show.
- That the stocks everyone bought were going to go public of June, 2008 and they would open no lower than $30 a share, and will quickly rise above the price of Google stock.
- Andy’s ex-lawyer and Allen had a deal to sell Xtagged for 30 million dollars, but the buyers were all about the money so Andy didn’t sell.
- Truth: Andy Esquivel conned $5,000 from an investor named Stephen R. Klemark, III
- Truth: Andy Esquivel conned $2,000 from an investor named Chris Engelbrecht
- Truth: Andy Esquivel conned $1,500 from an investor named Robert Daugherty
- Truth: According to Andy Esquivel’s former attorney, Andy is alleged to have conned as much as $100,000 from Melissa Garr [JPG]
- truth: Andy Esquivel conned $2,500 from an investor named Shar Jenkins and used it to pay back the $2,500 he conned from Logan Laws
- note: this constitutes running a ‘ponzi scheme’ across state lines according to the Utah Department of Securities.
- Truth: Andy Esquivel conned more than $70,000 from members of his own family (who all know him as “Chicho”). formal charges in these cases have not yet been filed, but the victims are communicating with authorities to determine next steps.
- Truth: Andy Esquivel was convicted of digital harassment in American Fork, Utah (Case#101101231). Hw was sentenced to a fine and a year’s probabtion.
- Truth: Xtagged is being investigated for fraud by the Federal Trade Commission (#26458904)
- Truth: Andy Esquivel has been charged with three felony counts of securities fraud in Davis County Utah (case#111701135) and is currently free on $10,000 bond. He faces trial on all three counts on October 24th, 2012 and will be representing himself.
- Truth: Andy Esquivel has been charged with disorderly conduct in connection with a fight he and his cousin John Steer had in Bountiful Utah in 2009 (case#091800357) and is currently free on $750 in cash bail.
- Truth: Andy Esquivel was convicted in 2004 of felony weapons charges involving drugs [ZIP]
- Lie: MySpace offered $100 Million to buy MySpaceTagged.com
- truth – Myspace almost sued Andy over MySpaceTagged.com
- truth – Myspace almost sued Andy over MySpaceTagged.com
- Lie: Xtagged authenticates users license plate numbers
- truth – Xtagged.com never had a connection to any public databases and therefore could not authenticate anything
- Lie: Xtagged used face recognition software to authenticate users
- truth – there never was any face recognition software in Xtagged
- Lie: Xtagged was sponsored by iSafe.org
- truth – iSafe.org was considering legal action against Xtagged
- Lie: Xtagged is trademarked
- truth – Andy never finished filing a trademark on the Xtagged name or logo [click here]
- Lie: Wiser Electronic Cigarette Inc. bought out Wiser LLC [link]
- Lie: Andy Esquivel sold Xtagged for millions and bought houses in Florida, Nevada and Colorado
- Truth – Andy Esquivel is broke and lives with his mother
- Lie: On August 25th, Wiser Technology released their Wiser Car Cover. Andy posted a picture of it being tested at 75 mph in New Mexico [PHOTO]
- Truth – the photo Andy posted was actually of a 2012 Hyundai Veloster undergoing road tests in the mid west. The car, which has not yet been released, was disguised by black wraps. Many other photos of similarly disguised Velosters are posted across the web, including YouTube videos. Andy spotted one, took a picture of it, and labeled it “Wiser Car Cover” in an attempt to fool people into believing he had a product.
- Lie: Andy Esquivel partnered with Nike and licensed their logo to merge with Xtagged
- truth – Nike is considering legal action against Andy Esquivel for trademark infringement
- Lie: Andy Esquivel partnered with Geico and licensed their logo to merge with Xtagged
- truth – Geico is considering legal action against Andy Esquivel for trademark infringement
- Lie: KarmaCause.org was a website affiliated with KarmaCurrency.com.au
- truth – KarmaCause.org is a domain that used to redirect to KarmaCurrency.com.au without their knowledge
- Lie: KarmaCause.org and Xtagged helped a homeless family in Denver, as reported by their testimonial on Xtagged.com
- truth – the entire story was a sham, the photos stolen and the license plate of the alleged homeless family helped by Andy’s charity is fake
- Lie: Xtagged is worth millions of dollars
- truth – Xtagged.com is now offline and is therefore worth little more than the fee required to register it with Godaddy.
- Lie: Google was considering buying Xtagged for $1 Billion dollars
- truth – the M&A department at Google has never heard of Xtagged and wouldn’t consider buying it if they had
- update: Andy claims to be suing Google and has started a twitter feed caled “Die-Google-Die” to promote his anti-Google cause.
- Lie: Stephen R. Klemark bought Xtagged for $24.5 million
- truth – Stephen R. Klemark doesn’t have $24.5 Million
- Lie: Stephen R. Klemark bought Xtagged for $2.4 million
- truth – Stephen R. Klemark doesn’t have $2.4 million
- Lie: Xtagged got bought for $50 million
- truth – nobody is stupid enough to buy Xtagged for $50 million
- Lie: This message board thread has cost Xtagged $175k or $300k or $2.5m or $12m or $15m (depending on the day of the week) in lost potential investments
- truth – nobody in their right mind would invest any amount of money into Xtagged
- truth – Any company considering investing in Xtagged would do their homework first and discover everything we’ve posted here (including the fact that none of the companies mentioned legally exist) on their own
- truth – It has been noted that pathalogical liars can never remember the lies they’ve told, which is why Andy’s numbers always change with time
- Lie: Andy Esquivel got financial backing for Xtagged form some company at CES in Las Vegas
- truth – Andy Esquivel never went to CES and nobody there would have given him the time of day if he had
- Lie: Andy Esquivel is developing an energy drink called Buzz/Wiser where 50% of the profits will go to MADD
- truth – MADD is suing Andy Esquivel over this claim
- truth – there is no energy drink
- truth – New Belgium Brewing Company is about to sue Andy Esquivel and Stephen R. Klemark, III for using their logo to promote this fake energy drink
- Lie: Andy Esquivel was working on a deal with a stadium
- truth – there never was a deal with any stadium
- Lie: Buzz/Wiser Feel Better is a new version of the Buzz/Wiser drink family that cures hangovers
- truth – Andy spoofed a drink called Security Feel Better manufactured out of Miami Florida, stole all their graphics, and pretended it was his. The owner of the real drink is taking legal action.
- Lie: Andy Esquivel filmed his infamous Mariah Carey video in front of a big screen TV owned by one of his business partners
- truth – Andy Esquivel filmed the Mariah Carey video in front of a wall in his mother’s living room using a laptop projector borrowed from friends
- Lie: Buzz/Wiser contains a secret ingredient that cures hangovers
- truth – there is no Buzz/Wiser
- Lie: Buzz/Wiser has shipped 1 Million units
- truth – there is no Buzz/Wiser
- Lie: Buzz/Wiser is a non-alcoholic energy drink
- truth – there is no Buzz/Wiser
- truth – published mock-ups photos of the proposed energy drink currently being displayed on the Buzz/Wiser website include the text “alcohol content 5.4%” around the upper lip of the can
- Lie: Buzz & Wiser is being ‘considered’ for a Superbowl commercial
- truth – the only ‘consideration’ you need to get a Superbowl commercial is a few million dollars in cash and a good media firm
- truth – there is no ‘Buzz & Wiser’
- Lie: Xtagged has a reality show which aired in July of 2008
- truth – there is no reality show, never was, never will be…
- Lie: Xtagged will be featured in an upcoming episode of “The Family Guy”
- truth – no it will not
- Lie: Xtagged will have a cameo in the upcoming Pixar movie “Cars II”
- truth – no it will not
- Lie: The Denver Police Department has endorsed Wiser Technology’s “No Phone Zone” application
- truth – a spokesperson for the Denver Police Department expressly states that the department does not endorse products of any kind
- truth – Steve Klemark, who works for the department as a low level clerk, was the subject of an internal affairs investigation and subsequent disciplinary action for using the name of the department to promote his various schemes.
- Lie: Aspen St. Inn in Colorado has partnered with Wiser E-Cigarette to offer an e-cigarette in every room. Their phone number is (720) 732-7786
- truth – representatives of the Aspen Street Inn in Colorado have never even heard of e-cigarettes and the phone number above for Andy’s mother, not the inn.
- Lie: Andy staged a HUGE infomercial to launch his Wiser E-Cigarette on July 4th
- truth – since Andy still hasn’t posted the video from this amazing television event, we can only assume that it never happened.
- Lie: “Gary the Bus Driver” was on hand for the infomercial and posted this blog describing the event
- “Gary the Bus Driver” is actually Andy pretending to be someone who actually thinks his various fictitious products are real. This was revealed in a recent YouTube video posted by Andy in which he surfs Google while still logged in as Gary the Bus Driver (he apparently didn’t realize the login cookie from Blogger persists when you switch to Google.com).
- Lie: Xtagged has an iPhone app that will start your car for you
- truth – Andy bought a remote starter and filmed himself starting a car with it after touching the screen of his iPhone…pretending the iPhone started the car
- Lie: Xtagged software is bundled with the Samsung Instinct
- truth – Samsung knows nothing about Xtagged, would not bundle this software if it did, and decided not to sue Andy over these claims because they considered the damage caused by his amateur YouTube video minimal
- Lie: Buzz/Wiser is working on a Superbowl commercial
- truth – there is no Superbowl commercial
- Lie: Xtagged was buying Rebecca Dunn a house in Colorado
- truth – Andy can’t even afford to buy himself a house in Colorado
- Lie: I’m leaving my job to go work for Andy Esquivel at Xtagged
- truth – no amount of money in this world is worth going to jail because I worked with Andy Esquivel at Xtagged
- Lie: Andy Esquivel owns a printing company
- truth – Andy Esquivel doesn’t own any legitimate businesses
- Lie: Xtagged has a line of jewelry
- truth – Andy Esquivel bought one ring with the Xtagged logo on it…this does not constitute a ‘line’
- Lie: Ryion was fired from Xtagged because he embezzled funds
- truth – Ryion turned against Xtagged when he found out Andy was a fraud
- Lie: Someone inside City Weekly deleted Andy Esquivel’s blog posts on CityWeekly.net because they’re against Xtagged
- truth – nobody at City Weekly gives a damn about Andy Esquivel or Xtagged
- Lie: 50% of Xtagged profits go to fix healthcare
- truth – Andy Esquivel voted for Obama and that’s the extent of his contribution to healthcare
- Lie: The Buzz/Wiser energy drink ships with pills that help women detect sexual drugs in their drinks
- truth – there is no Buzz/Wiser energy drink and no such “magic pill” to detect Rohypnol, GHB, or any other such “sexual” drug.
- Lie: Xtagged is patented
- truth – Andy Esquivel started a patent application, but never finished it
- Lie: Andy Esquivel developed and patented Blue-tooth profiler
- truth – there is no blue-tooth profiler and no patent for it
- Lie: I somehow hacked Rebecca Dunn’s AOL email and sent Viagra ads to all her contacts
- truth – Rebecca Dunn obviously downloaded a virus.
- Lie: Xtagged LLC has numerous investors
- truth – there is no Xtagged LLC
- Lie: Andy has developed a blue-tooth enabled micro-chip that goes on the tip of an e-cigarette the broadcasts nicotine intake
- truth – Andy couldn’t develop a microchip if his life depended on it.
- Lie: Andy has developed a pair of 1080p, high definition, 3D sunglasses that, when connected to a Wii styled gyroscopic cell phone, can take you on a virtual tour of Solomon and Herod’s temples in Jerusalem.
- truth – besides being so outlandish as to stretch a sane person’s imagination, these products are absolute fantasy.
- Lie: Andy Esquivel is marketing an e-cig to all the casino’s in Las Vegas and all the nursing homes in Colorado
- truth – Andy Esquivel could barely afford to buy the demo kits for his e-cig
- truth – no casino would give Andy Esquivel the time of day
- truth – Andy Esquivel’s mother works for a nursing home and that’s about the extent of his involvement with them
- Lie: I’m just attacking Andy because I’m jealous he hired my mother at Xtagged instead of me
- truth – Andy has never paid my mother, so to say he “hired her is a stretch
- truth – I have a rewarding career working for one of the ten largest corporations on Earth. Although mu mother offered me a “job” at the non-existent company she claims to head and that Andy pretends to own, I wasn’t stupid enough to take her seriously, much less accept.
- Lie: Andy gave me a weekend job working at his nightclub “Playground” in Park City
- truth – Andy was not an owner of Playground. At most he was a regular there who suckered the real owners into signing papers trading 10% of their failing club for exclusive distribution rights to Xtagged.com
- truth – I only visited Playground twice while it was still in business to take photos of Andy trying to impress people with Xtagged.
- truth – Andy didn’t have the authority to hire anybody at Playground, and I wouldn’t have accepted a “weekend job” there if he had
- Lie: Andy Esquivel is suing City Weekly
- truth – Andy Esquivel isn’t suing anybody
- Lie: Andy Esquivel is suing me
- truth – Andy Esquivel isn’t suing anybody
- Lie: Andy Esquivel is suing Ryion
- truth – Andy Esquivel isn’t suing anybody
- Lie: Andy Esquivel is suing a police department in Utah somewhere for harassment after they pulled him over in his Lamborghini and gave him a hard time.
- truth – Andy Esquivel isn’t suing anybody
- truth – Andy Esquivel doesn’t own a Lamborghini
- Lie: the Lamborghini incident was taped by a passenger int he back seat
- truth – Lamborghini’s don’t have back seats
- Lie: Andy has developed a backpack-borne child cover that attaches to the valve stem of a car, inflates using air in the car’s tires and protects children from freak hailstorms while walking home from school.
- truth – this is probably the dumbest idea ever imagined (imagine children running to attach their inflatable shelters to the valve stems of random automobiles at the first sight of hail while walking home form school). It’s ridiculous even by Andy standards and the odds of it being real are less than zero!
- Lie: Ryion and I are running from a federal court summons
- truth – there is no federal summons because there is no federal case because Andy and Steve never filed in federal court.
- truth – Actually Andy Esquivel is the one running from court summons’. Several state entities and plaintiffs have been trying to serve him with papers for years without success. He remains in hiding.
- truth – thew reason Andy cannot sue anybody is because if he ever appeared in court, he would be arrested on several outstanding warrants and served with court papers while in custody.
- Lie: Andy Esquivel owns two nightclubs
- truth – Andy used to own part of a sushi shop and once suckered the owners of a now bankrupt club in Park City into signing over 10% of their club in exchange for a percentage in “Xtagged”, but that’s it. Today, Andy couldn’t afford two golf clubs.
- Lie: I sent emails to Andy’s 14 year old son calling Andy a scam
- truth – Andy cc’d his son on a series of threatening emails sent to Ryion and I. When his son complained, Andy sent his son threatening emails and later claimed that the threats were really sent by Ryion and I impersonating him.
- Lie: Andy’s son’s school decided not to allow kids to use Xtagged.com when they saw blogs posted by Ryion Butcher claiming it was a scam
- truth – Andy showed up at his son’s school one day and started handing out Xtagged.com stickers to the children attending there. The principal caught Andy and demanded that he leave school grounds immediately! He also told Andy that if he ever showed up on school grounds again, the school would notify the police.
- Lie: Ryion and I are impersonating various officials, including lawyers and police officers who are trying to contact Andy
- truth – all the officials trying to reach Andy to discuss his various criminal activities are real (as Andy has since found out the hard way)
- Lie: Andy Esquivel was willing to buy PartyUtah.com for $150,000 but I asked Steve Klemark to buy the website for that amount instead of buying Xtagged for millions.
- truth – Andy Esquivel called me out of the blue in late 2009 and asked if I’d be willing to sell PartyUtah.com and for how much. I replied “…sure, for $150,000,” which was $100k more than I thought the site was worth at the time and $150k more than I knew Andy had. Ever since then, Andy has perpetuated the myth that PartyUtah.com is for sale and that I’m asking him, Steve, or some other mythical creature for $150k. The fact is, PartyUtah.com isn’t for sale…period! If it was for sale, Andy Esquivel is the last person on Earth I’d consider selling the site to at any price. Steve Klemark did tell me in early 2010 that he thought Xtagged.com was worth $1,000 because he saw it on Google (at which point I told him he was an idiot and that the site wasn’t worth fifty bucks), but that’s the extent of our conversation.
- Lie: Andy Esquivel has a private investigator named Zed
- truth – there is no private investigator named Zed
- Lie: Stephen R. Klemark hired a private investigator named Zed
- truth – there is no private investigator named Zed
- Lie: a company that was about to buy Andy out hired a private investigator named Zed
- truth – there is no private investigator named Zed
- Lie: Zed is working on a huge expose on me that will be in all the papers using information he got from an ex-girlfriend of mine
- truth – there is no Zed, if there is then he isn’t a private investigator, and the only information he has on me is the garbage he got by talking to my mentally incompetent mother
- Note: Andy subsequently admitted via email that “Zed” was a fictional character created by Steve Klemark to prove some sort of point.
- Lie: Andy Esquivel’s private investigator’s real name is Zeb, not Zed
- truth – Andy Esquivel mis-spelled the name of his fictitious private investigator in an email to me and has since pretended I got the name wrong to cover his ass
- Update: Andy later admitted that ‘Zed’ was fake.
- Andy Esquivel’s various websites have ton of traffic…they’re in fact visited by tens of thousands of people per month.
- Andy is unfortunately a technology illiterate and is unaware that a “request” is meaningless in web analytics. When he see a report that reads “48,000 requests,” he thinks that means 48,000 ‘people’ visited his website. In fact, one load of Andy’s WiserTechnology.com homepage includes 52 unique server requests for different page elements. His true traffic is probably closer to 1,000 page views per month, a significant proportion of which are undoubtedly generated by search engine spiders and bots.
- Andy Esquivel is being followed by a legitimate documentary film-maker who will chronicle his story
- Truth: Andy is being followed around by a convicted felon names Ronald Dean Kelsay who’s criminal record includes the following charges (case numbers and dates provided for reference):
- 1990F73 – 01/12/1990 – Theft
Theft Twice Or More W In 6 Mons
1st Degree Crim Tres
Conspiracy - 1990CR147 – 02/07/1990 – Theft
Theft 2x Or More Win 6mo
1st Deg Criminal Trespass
Conspiracy - 2003M3974 – 11/12/2003 – Criminal Mischief
Criminal Mischief-under $100 - 2004T1214 – 02/26/2004 – DUI
- 2005CR1585 – 09/12/2005 – Criminal Mischief
Criminal Mischief-$500-$15,000
Criminal Mischief-$500-$15,000
Criminal Mischief-$100-$500 - 2006CR1040 – 07/17/2006 – Burglary
Burglary 2-of Dwelling (2)
Harassment-strike/shove/kick
Menacing Felony
Trespass 1-dwelling
Criminal Mischief-$100-$500
- 1990F73 – 01/12/1990 – Theft
- Truth: Andy is being followed around by a convicted felon names Ronald Dean Kelsay who’s criminal record includes the following charges (case numbers and dates provided for reference):
- Lie: Andy Esquivel is a genius and a good person. He is “Rich of life and Family.”
- truth – Andy Esquivel is not a good person. He is a sociopathic, pathological lying con-artist with a criminal record and multiple fraud charges pending against him. He has conned dozens of investors out of tens of thousands of dollars and preys on the ignorant and feeble minded.
- truth – Andy Esquivel is not a genius. He is an uneducated idiot with a vivid imagination and the ‘gift of gab’ (when he’s not strung-out on methamphetamines). He suffers from multiple delusions, including that he is a gifted inventor, wealthy philanthropist, and a wealthy businessman who is perpetually under attack from evil antagonists of every shape who want nothing more than to stop him from saving the world.
- truth – Andy is not rich of family. He has five children by three different women, all of whom were under-aged minors when he got them pregnant (qualifying him for statutory rape charges). He has over the years been the subject of several domestic violence investigations including an arrest in Provo, Utah (court record #162999), and the 2003 incident which led to his arrest on federal weapons charges (see link below).
- truth – Andy is not rich of life. He hasn’t had a legitimate job in years and his criminal record includes felony conviction for burglary from 1988 (Burglary case file #1 and case file #2). He currently lives in hiding with his mother in Lakewood Colorado along with his undocumented worked girlfriend who he got pregnant when she was 17 and their two children. He survives on charity and the proceeds from his various scams. Any has never paid child support for his 1st and 2nd children (for which he now owes $19,540, computed based on minimum wage because Andy has never worked). Andy’s third child (by a 17 year old girl who’s parents almost pressed rape charges against Andy) was named Jayden and was adopted by his foster parents after Andy voluntarily gave up his parental rights to the child.
- Here’s a link to the story about the adoption of Andy’s third child:
New racist rant by Andy Esquivel uncovered
Posted on August 13, 2014 in Andy's Threats
Before Andy Esquivel was institutionalized, he sent a Facebook message to his cousin Edward who’s mother Andy ‘spoofed’ on LinkedIn to make himself look more legitimate. We recently received a copy of the rant and I thought it was appropriate at this time to post it. The reason this post is interesting is that it discredits Andy’s claims that he’s an innocent victim of racism. The thing about sociopaths is that they always accuse others of what they themselves are guilty of (notice Andy’s prominent use of the “N” word towards the end of this rant).
Note: caps and punctuation mistakes are Andy’s, not mine.
Edward this is Andy I came back at 5:00am not because I am tweaking as you say on YOUR Facebook PAGE…. I am working on WEBSITES not Facebook bro you see most people are asleep NOT YOU bro, so we work on the WEBSITES at graveyard look at my email to my attorney I will post :0x Sindy sent that for a reason just wait for it…… I’ll post email next! (But what I want to say most Mista GANG BANGA EDWARD GONZALES – Mom family, Jesse in Denver you watching this shit, Edward even IF I was guilty, I am NOT but let’s just say I was for your sake “YO WTF YR MIDDLE NAME SNITCH!” Edward made deal for himself with Daryl) Aunt Chue when Edward was 5 he used to walk around asking all of us to play cards, it was cool until you beat Edward you all remember he would freak and say we are cheating all because Edward lost! See a doctor bro (OH don’t worry I will bring you up Edward) look at my next post u will get it. Edward you lost state only has 3 wits racist Ryion, Kyle and Chris they used their NIGGER DARYL to try and help my ex father in law North Salt Lake City Chief of police Hanson bring down Xtagged: https://www.diigo.com/item/…/7ra2 FYI Daryl never knew any of this that’s how he got caught up in this and dragged you guys in, Daryl & Edward stated I scammed hundreds of people and I never filed for patent: https://www.diigo.com/item/…/9hrw You’re a fool Edward this money BILLIONS is a dynasty for our family you already seen the patent paper work stop acting dumb. Your mom owns 6% & you nothing that’s why you’re mad, just shut-up until trial yr digging deeper hole.
FYI- Nobody blog for me anymore period not even film people Sindy was the only one.
You’ll also notice Andy proudly proclaiming that his fake businesses (which includes a goofy little ripped-off cartoon website called ‘Smiley Heroes’) are worth “BILLIONS”. Honestly, if I wasn’t documenting this guy’s psychosis, nobody would believe any of it.
More letters from Jail…
Posted on May 15, 2014 in Andy's Threats Ron Kelsay Trial Updates Wiser Technology
Andy Esquivel has been keeping himself busy writing letters from jail. He’s now been moved to a mental hospital, but it’s still interesting to see how Andy kept himself busy. Below is a link to several of these letters – including one from his “spouse” (girlfriend actually) and one complaining about his newest public defender. The letters are hard to read, but still fun.
Incidentally, I’m curious what Andy’s personal biographer Ron Kelsay is thinking right now. I’d give $50 bucks to see the look on his face when he reads these letters from jail and realizes that his documentary is never going to sell any tickets. I wonder what Allen Brady is thinking now that his dream of moving into a $2 Million dollar house with the proceeds from some lawsuit over Xtagged evaporate. I wonder what Steve Klemark is thinking now that he realizes he drove his wife to the brink by chasing a drug addicted con-man around for years. I wonder what Shar Jenkins is thinking right now, realizing that his dream of opening a night-club in Park City have vanished. Guys, you’re welcome to post your thoughts – we’re all dying to hear form you!
Update: I spent a lot of time trying to understand these letters and after way too much time immersed in Andy’s gibberish I realized that int he second (or third) letter, Andy is actually trying to convince the judge to recuse himself from this case and grant Andy a change of venue with a new judge. If that’s not a sign of pure desperation, then I don’t know what is.
ANDY ESQUIVEL SPEAKS FROM JAIL!!!
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!
[VIDEO]
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!”
Andy Esquivel committed to state mental hospital
Posted on February 25, 2014 in Andy Esquivel's Scams Andy's Threats Andy's Videos Ron Kelsay Trial Updates Wiser Technology Xtagged
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. 😉
Andy Esquivel Sentenced to State Mental Hospital
Posted on February 17, 2014 in Andy Esquivel's Scams Andy's Threats Andy's Videos Ron Kelsay Trial Updates
Andy Esquivel has been sentenced to a state mental institution until he is determined to be mentally competent to stand trial for three felony counts of securities fraud. He remains in custody at Davis County Jail and a competency evaluation has been set for August at which time Judge Connors will determine when the trial can proceed.
We’ve known for some time that Andy Esquivel was crazy and we’ve been saying as much here on this blog and on it’s predecessor websites for years. Only a lunatic could seriously claim to have invented such outlandish creations as an alcoholic energy drink that’s supposedly endorsed by Mothers Against Drunk Driving, or an inflatable car cover that deflates your tires to spare your paint, or radioactive fingernail polish actuated tabled that uses blue-tooth to broadcast your complete medical history to everyone around you in a bar.
Once Andy has received the medication (and detoxification) he requires, the hope is that he will be able to accept responsibility for what he has done and the trial can move forward. If Andy is lucky his public defender will then be able to convince him top plead guilty to the charges against him so that he can serve his time and move on with his life.
Eventually Andy might even be able to become a fully functioning, gainfully employed member of society – one who pays taxes, child support, and lives by the fruits of his own labor instead of the ill-gotten gains from his various scams. One can only hope.
In the meantime at least, Andy Esquivel remains off the streets and more importantly off the Internet. He is no longer a danger to himself or to others. If we are lucky, then his equally delusional followers will learn a lesson from this long drama – in the end you can’t con your way into wealth. You have to add as much value to this world as you expect to take out of it.
Hear that Alan Brady, Shar Jenkins, Steve Klemark and John Steer? Get lives, get jobs, and stop chasing the quick buck. Oh yea, and leave those drugs alone!
Experts find Andy Esquivel mentally incompetent
Posted on February 11, 2014 in Andy Esquivel's Scams Andy's Threats Andy's Videos Trial Updates Xtagged
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]
Court to decide if Andy Esquivel is CRAZY!!!
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.
Judge shuts the door on Andy Esquivel’s imaginary evidence…
Posted on June 28, 2013 in Andy's Threats Trial Updates Xtagged
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!
Andy Esquivel Finally gets a job…sort of.
Posted on June 25, 2013 in Andy's Threats Trial Updates
Those of you who enjoy Andy Esquivel’s threatening blogs and emails as much as I do will recall that in recent weeks Andy has made a lot of noise about a “conspiracy” between his ex girlfriend and this blog to block him from the ‘millions and billions’ of dollars in potential profits he could have made if his various scams had been able to materialize. Lately he’s been claiming that last Saturday was D-Day for the conspiracy to finally be exposed and that everybody involved was going to jail, including his ex. Last week he posted this nonsensical threat:
Hey dumb-ass they want me to have public defender so when I win they don’t look as bad Dee-Dee-Dee I am going to take this all the way your going to prison Daryl & this Friday Denise has to answer to the Judge here in Colorado about you and her… so keep manipulating and still prosecutor LYON has not released his witness list with hundreds more like 3 of witnesses Daryl God Don’t Like Ugly OH SMILEYHEROEScom :)X
Well last Friday was in fact a court hearing for Andy – one in which he needed to explain to the courts why he still hasn’t paid a dime in child-support in spite of the fact that he’s
Now, we all know Andy as a lazy, good for nothing, scamster with a habit of telling untruths to survive and of stealing money to feed his drug addiction. Knowing this much about Andy, it shouldn’t surprise anyone that as son as Andy was sentenced he immediately went about crafting a story to get him out of the ruling. “But your honor, I’m moving to Utah on July first, so I can’t do no community service,” Andy reportedly told the judge in the case. In a show of mercy that Andy has become accustomed to and now expects from state courts, the judge gave Andy 30 days to prove he’s left the state of Colorado for good before he must begin serving his sentence. If Andy fails to provide proof that he’s moved, then he will be recalled to the court for a stiffer sentence.stolen a small fortune from investors from California to Colorado. Andy showed up on Friday prepared to impress the judge with his sob-stories explaining that it’s impossible for him to get a job because of this website, but she apparently wasn’t having any of it. Instead of buying into Andy’s claims that he can’t work, the judge did the unthinkable – she gave Andy Esquivel a job…
Sixty four (64) hours of community service to be exact!
My hunch is that Andy isn’t moving anywhere and that his please to the court are just a stalling tactic to get out of doing any real work. Andy can’t picture himself picking up trash by the roadside in a bright orange vest and hard hat any more than we can picture him as CEO of a multi-million dollar tech start-up. The mere thought of doing manual labor terrifies Andy – probably more than jail does. We’ll have to see how this plays out, but my hunch is we’ll have another child support case update for you here in a month and that it will read something like this – “Colorado judge loses patience with Andy Esquivel and sentences him to 30 days in jail for failing to comply with an order to begin community service immediately.
Then again, Andy might actually be dumb enough to leave Colorado in the hopes of avoiding these child support charges altogether. What he doesn’t realize is that Utah has even stricter child support laws that Colorado does and he already owes over $20,000 in back support in this state before he arrives (more will be added for every month eh lives here). I think Idaho would be a better choice for Andy because he doesn’t have a record there. Here in Utah the police are all to familiar with Mr. Esquivel and they’re not likely to give him a pass while he unpacks his moving van.
Andy Esquivel gets spanked by Davis County Prosecutor
Posted on June 17, 2013 in Andy's Threats Ron Kelsay Trial Updates Uncategorized
To say the least, it’s been an interesting couple of weeks since Andy’s last pre-trial hearing. We’ve got a lot to cover, but I’ll try to get through it all as quickly as I can.
First of all, a new date has been set for Andy’s securities fraud trial. The fireworks begin on October 16th and will continue for three days. As always you can find the latest trial updates by clicking on any case update link [PDF] you find on this website. The trial is stilled set up as a ‘jury trial” rather than a “bench trial” because Andy isn’t smart enough to know that the only chance he has of getting this case thrown out by the judge is if he reverses the decision by his previous “super lawyer” to take the case out of a judges hands and to wait for nine jurors (who aren’t likely to fall for his crap any more than we do) to pronounce him guilty.
As reported last month on this site, Andy Esquivel recently sent out a mass email (to his supporters supposedly) in which he listed all the people he claims to want to call as witnesses at his trial. The list was prepared in response to a court order earlier in the month in which Judge Connors demanded that Andy comply with a reciprocal discovery motion by the prosecutor [PDF]and list all the people he intended to call as witnesses. We obtained the full list because one of the journalists who Andy insists on spamming is secretly preparing an expose on what a complete fraud Andy is and they were generous enough to share Andy’s email with us. We correctly reported last month that (a) Andy failed to include contact information for the witnesses he claimed he was calling and (b) almost nobody on Andy’s list had even the slightest relevance to the case.
Almost as if to confirm the astute insight of this blog, Prosecutor Nathan Lyon on Thursday filed this motion [PDF] with the court asking Judge Connors to throw out Andy’s entire witness list as irrelevant to the case against him and lacking even the most basic contact information on the people listed. The prosecutor reviews each name on the witness list (in much the same way we did on our blog post) and explains why each one is not only irrelevant to the case, but calls out the fact that Andy’s videos and links are “rambling and nonsensical.” The only “witness” that the prosecutor approved of was Logan Laws, who is frankly on deck to testify for the prosecution so it makes little sense for Andy to call him for the defense.
In short, Andy Esquivel just got emasculated by the prosecutor and told to go home and start over from scratch…and he is still posting ridiculous videos and sending out senseless emails. Here’s an example:
Mr Lyon I never published this witness list why did you let Plaintiff Ryion Butcher put this on his slander site:I have attached a copy. Allen we never published, this is why Steve Klemark’s wife tried to commit suicide all the harassment from the plaintiffs & co-conspirators trying to scare me to take plea… Lyon stated oh well when I told him of Steve’s wife last year and the attorney brotherhood that Allen and I recorded Holje say to us looks like it does exist.
Your plaintiffs say J.King from I-safe is going to testify against me remember I told King about the slander/smear campaign since 2009 we recorded it so as soon as you finally release the list that Holje nor six month Albright ever got… I will address all 4 on the list one by one I sent motion by mail we are still waiting to see who’s on list all these lies will hit a wall very soon.
Ryion Butcher stated to Xtagged witnesses which is also witness tampering, that we have reported to Mr. Lyon Davis prosecutor more than once Allen Brady went to Mr. Lyons office LAST YEAR I have web cam of Mr. Lyon and I speaking about this and Ron the documentary film maker has video from last year on Mr. Lyon and Mr. Holje call Ron 720.233.4104 Ron Kelsay! I have attached a screenshot that Ryion posted of his blog attacking my family and Ryion tells people that the prosecutor is the one telling him to attack!!! Ryion tells Xtagged owners “Just say you are a security not an owner and we can take Andy down! I am now writing a letter to the judge informing him about all the PERJURY & WITNESS TAMPERING ALLEN BRADY can verify (1.801.819.5126) the plaintiffs have committed through out this trial and are still committing with the help of Mr. Lyon says Ryion Butcher, ITS ALL LIES I have a video uploaded at karmacause proving all, Ron has video that dates earlier. My family and the media don’t believe that you guys know what plaintiffs are doing to all of us and they say court is not in order! I told Mr. Lyon about Steve Klemark’s wife and much more! Now that Mr. Lyon knows Xtagged, Inc. paperwork is 100% real not to mention all the non non-disclosures plaintiffs signed and the multiple counts of perjury that the plaintiffs have committed, the damages that www.Xtagged.co causes will be at fault of the state.
Now what exactly does the above email tell us, other than the fact that Steve Klemark’s wife tried to kill herself because she finally realized that her husband was up to his chin helping a convicted felon execute numerous scams at the potential price of his own job with the Devner PD and she couldn’t live with the idea that he might go to jail too. Isn’t it interesting that a guy who threatened to release sex tapes of potential witnesses in his securities fraud trial to the media is accusing others of ‘witness tampering?’ Andy why is Andy so convinced that ‘his family and the media’ are on his side here? First of all, only one reporter in the media even cares that Andy is about to go to jail and most of Andy’s family have disowned him and his convicted felon of a mother as pariahs. Most are now reaching out to me (unsolicited) and expressing support for this website and sympathy for the victims of Andy’s criminal activity. When is Andy going to finally realize that the only people who think he’s innocent of these crimes are drug addicts like Alan Brady and fellow criminals like Ron Kelsay and that the only person facing jail time for his crimes is himself?
The bottom line is that this trial is almost over. With Andy Esquivel continuing to send impotent letters to the judge in this case (unaware that they’re doing absolutely no good) and being endlessly distracted by his own YouTube channel, Andy is sure to be convicted and sentenced before Christmas. The only question is how many years in prison is Andy going to get. I for one say the longer the better!
Andy Esquivel still refuses to pay child support
Posted on May 2, 2013 in Andy's Threats
Recently Andy Esquivel posted the following image on one of his blogs and bragged that he finally paid his ex child support as ordered by the court. Here’s what Andy wrote:
Amount edited to save Denise Bartlett the shame:'( I couldn’t pay child support in Denver to force Judge to hear my case of Slander, Extortion, Conspiracy etc. & Daryl 04-03-2013 the Co. Judge noted it all:)x BUSTED;)x I am on my way to see twins this week after 5 years, Denise Bartlett kept me from the twins for the amount on this money order, NOT:)x Denise did it to conspire with Daryl’s Xtagged Smear/Slander campaign:'(
That was last week, and the Utah Office of Recovery Services finally got the money and we just got the details about the amount sent….it was FIFTY BUCKS!!! ($50). Now, some of you will recall that the Judge in Andy’s child support case ordered Andy to pay $320 per month in support, plus $50 per month in back payments to make up for the $320 per month he was supposed to be paying since November 2011, all of which is ON TOP of the $20,000 (plus interest) he still owes Utah ORS. That means at MINIMUM Andy’s first child support payment should have been for $370. If we simplify Andy’s support obligations to $10 per month, that means Andy just paid five days worth of support for two kids that he hasn’t paid a dime in child support for in the last TEN YEARS!!!
Andy keeps saying that the Judge in his child support case “noted” slander and extortion, but the truth is she did nothing of the sort. What she did do was tell Andy “You can’t afford the luxury of being a stay at home father” and told him to get off his lazy butt and get a job. She also noted the fact that Sindy Monzano, Andy’s live-in girlfriend and mother of three of his six illegitimate children, doesn’t have a job either. Her EXCUSE was that this blog is keeping her out of work, but last time I checked McDonalds doesn’t check social media when making hiring decisions.
The bottom line is that Andy Esquivel is a complete loser and his girlfriend is not much better. Both are living on public assistance with no intention of even looking for productive work while they continue to have babies as if they were millionaires. Normal people have jobs and don’t have kids until they can afford them. Andy clearly is not only not normal, he’s just plain lazy…as if being a convicted felon and a con-artist wasn’t bad enough.
Andy Esquivel brags about stealing $175,000!!!
Posted on April 11, 2013 in Andy's Threats Trial Updates
As we get closer to trial, it helps to understand the scale of the scams Andy Esquivel has been perpetrating for the last three years. In order to help the readers of this blog understand the extent of Andy’s crimes, I’d like to share the following email [PDF] which Andy sent in April of 2011. In this email, Andy Esquivel actually brags about having stolen $175,000 from “investors” in Xtagged. Note, Andy does not call them “owners”, but INVESTORS! That is an important thing to observe because up until now the main argument in Andy’s purported legal defense has been the notion that he “never took no investors” and “never sold no securities” and that in fact all of the people who gave him money for shares in Xtagged were “owners”…which is effectively another way of saying the exact same thing.
Here’s an excerpt from the email:
The day I took you to Leonard Shar
remember… and Leonard didn’t want to talk to
you and you just went back and met him. Why
would he not want to hear your testimony bro
look what happened to you Shar when your
colleagues found the blogs about the S.E.C and
Andy the scammer. I only had $175,000 in
investors big deal that was my budget for
three years www.bump.com has put 1.1 million
in to bump in one year bro!!! Shar that day you
went to Leonard’s office he had told me that
the S.E.C did not even start a investigation…
Seven moths later!!!!!
If you ask me, it looks like Andy needs to get his story straight before he tells it to the judge. Were these people ‘investors’ or were they ‘owners’ or does it really make a difference? If Andy has any hope of getting this case thrown out before May 14th, then he probably needs to review his email and make sure he hasn’t spammed anything to the world that is going to contradict his witness testimony on June 12th.
Andy Esquivel DEMANDS that “fake” securities fraud case be dropped “A.S.A.P!”
Posted on April 11, 2013 in Andy's Threats Trial Updates
Andy Esquivel gets tough on the court! On April 10th, Andy posted the following on his Diigo blog:
04/08/2013 Ladd Q. (6924 read) – karmacause@ymail.com – WHY are the plaintiffs paperwork called securities but not Ladd’s, Allen’s, Jeff’s, etc. all true Xtagged owners want this fake securities case dropped A.S.A.P!
As you can see, Andy is mad! He wants to know why Allen Brady, Jeff whats-his-face, and Ladd Quayle’s Xtagged paperwork aren’t referred to as a “securities” while Ryion, Chris and Kyle’s paperwork is. That is a very good question, and it’s probably something Andy can ask the court on May 14th at his pre-trial hearing. If Andy is forceful enough about this apparent discrepancy, he might actually be able to convince the judge to throw the case out prior to the June 12th trial date. Andy might consider presenting the judge with paperwork for all current and past owners of Xtagged and Wiser Technology to bolster his case. If the court is so convinced that Ryion, Kyle and Chris’ paperwork all constitute ‘securities’, then you would think that the courts would have said something about the paperwork of those other owners as well. I’m sure there’s a valid reason why only the paperwork for these three defendants was considered when bringing securities fraud charges against Andy, but he has a right to know what those reasons were.
Good luck Andy! Maybe you should consider writing a letter to the court via the clerk’s office to expedite the process. You’ll have to include all the subject paperwork as to add weight to your case for a dismissal, but at least you won’t have to wait until May 14th for a decision.
Andy Esquivel officially pisses off the court!!!
Posted on April 10, 2013 in Andy's Threats Trial Updates
On April 2nd (a week ago) we posted here on this blog an email in which Andy Esquivel basically thumbed his nose at the Davis County Court and openly refused to comply fully with a motion for reciprocal discovery which the prosecution filed last year. The motion was reiterated last month in a hearing in which the court went so far as to give Andy a deadline for compliance with the motion. In non-legal terms, Andy was required to hand over all evidence to the prosecutor, including witness names, addresses, phone numbers, expected testimony, any exhibits he intends to present at trial, etc. In response, Andy sent an idiotic email to the prosecutor claiming that he wasn’t going to fully comply with the order because 11 supposed “owners” of Xtagged who are supposedly going to testify at trial “don’t trust you guys!”
In response to Andy’s failure to fully comply with the prosecutions motion and to Andy’s ridiculous (but typical) email, the State of Utah filed a Motion to Compel [PDF]with the court, demanding that Andy immediately hand over a full witness list, each witnesses relationship to the defendant (ie: Jobita Berriel – Andy’s Mother, Sindy Monzano – Live-in Girlfriend, John Steer – Cousin, etc…) so that the court can determine their objectivity and potential prejudice, contact information for each witness so that Davis County Prosecutor Nathan Lyon can get depositions from them if required, AND ALL DOCUMENTATION OR EXHIBITS Andy is pretending to be holding out on until trial. If Andy fails to comply with the pending court order, he could be barred from presenting any such evidence in court on June 12th.
The Prosecutor attached a copy of the court order explaining what Andy needs to provide in exhibit A of the motion and also included a copy of Andy’s stupid email as exhibit B. This is the second time one of Andy’s rambling emails has been admitted as state’s evidence and made a matter of public record to show what a brainless moron Andy is for future reference in court.
How dumb can a criminal get? Hasn’t Andy learned yet that he can’t play games with the court and get away with it? Don’t be stupid Andy, hand over all evidence to the court immediately – unless of course you don’t actually HAVE any evidence and this is all just you pretending that you’re Perry Mason.
Andy Esquivel claims to extort $250,000!!!
Posted on April 10, 2013 in Andy's Threats Wiser Technology Xtagged
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 <utxpatrol@ymail.com>
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 loses big at child support hearing
Posted on April 4, 2013 in Andy's Threats Trial Updates Wiser Technology Xtagged
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.
Andy Esquivel thumbs his nose at the court (again)
Posted on April 2, 2013 in Andy's Threats Trial Updates Wiser Technology
Pathalogical lying sociopath and convicted felon Andy Esquivel gave us all another reason to peg him as the dumbest human being alive today by sending out a hilarious email in which he basically thumbed his nose at the Utah court system and openly refused to comply with an order to fully comply with the prosecution’s mutual discovery motion. In the email, Andy basically claims that although the “11 owners” of the Xtagged scam have evidence which will be presenting at trial, he won’t hand it over to Davis County Prosecutor Nathan Lyons because “they don’t trust you guys.”
Earth to Andy – This is a criminal trial and you’ve been ordered by the court to hand over all evidence to the prosecutor. Holding out a few slips of paper because you claim your supporters “don’t trust” the court is basically contempt. Not only could you be cited and fined for withholding evidence, but you could actually find yourself in jail prematurely simply for refusing to comply with Judge Connors’ order. Furthermore, any evidence which you fail to hand over to the prosecution will not be admissible at trial, but you probably already knew that right?
Andy goes on to accuse Davis County of “racism” (big surprise) and claims he’s going to ask the judge to move the trial to another venue because everyone in Utah is so mean to him. Here’s a copy of the full email:
From: “Karma Cause” <karmacause@ymail.com>
Date: Apr 2, 2013 11:25 AM
Subject: Allen delivers my evidence 03/21/13 one year after…
To: “Deputy Attorney”, “Utah Investigator”, “steve.klemark@yahoo.com” <steve.klemark@yahoo.com>, “John Steer” <xtagme@gmail.com>, “shar” <bossmarketing2011@gmail.com>, “Jobita B” <cogotavon@gmail.com>, “chue berriel” , “j_park32” <j_park32@yahoo.com>, “Daris Garner” <garndari@gmail.com>, “Talor” <taylorjoness@gmail.com>, “saeed” <Abcaisauc@yahoo.com>, “Chris E. 1” , “MOM2” , “beck”
Cc: “Digital I-D filed” <file@digitalinternetdna.com>, “leo” <lmartinez@denverlegalteam.com>, “Steve K” <legal@wisertechnology.com>, “Adam Platt” , “shar” <bossmarketing2011@gmail.com>To: Mr. Lyon & Xtagged owners.
Allen Brady told me that he delivered my bundle of evidence Xtagged, Inc. papers etc.03/21/2013 exactly one year after the plaintiffs committed massive perjury on the stand.http://youtu.be/Hgxf10J-Vo0 <<<—– Video evidence of plaintiffs committing witness tampering.I have attached attorney Albrights text lie & the 2009 $2,500 cashiers check to Ryion Butcher that was given to Logan Laws to give to Ryion because Ryion was combative and wanted to fight because he was to be bought out by a black guy Shar Jenkins (Ryion is extreme racist witness: Jeff Nicklaus he went to school with Ryion) that’s why white Steve Klemark from the Denver PD Halo project I attached his ID, well Steve Klemark made $5,000 money order for Ryion Butcher Oct of 2009 and Ryion Butcher wrote back to Steve Klemark:Look at this email from Ryion Butcher 1% owner of Xtagged I was going to post one from Chis E. my attorney ask me not to. Only Media
———- message ——————-
From: ryion butcher <workkhardd@ddd.com>
Date: XXX at 11:36 PM
Subject: RE: XXX!
To: xtagged@gmail.com, xtagme@gmail.com, utxpatrol@gmail.com
Cc: xtaggedtrainer@gmail.com, dale <party@costs.com>, rdunn@wiserecigarette.com, beckiedunnz@aol.com, allenbrady@xxx.com
Private until court!!! XXX!
Look below how Ryion signs off!
Sincerely,
Ryion Butcher
1% Owner XTagged –
Entitled to 1% of all dividends and profitsWorld Peace!
Please keep in mind Mr. Lyon that the evidence bundle I gave you does not have evidence from all 11 other Xtagged owners until trial they don’t trust you guys because of Holje & Albrights lies but they will be at trial with videos.
Steve Klemark bought Xtagged.com in 2009 and Holje nor Albright ever contacted Steve, Rebecca Dunn Xtagged CEO 2009-2011 she has never been contacted.
I am going to request new pretrial date asap now that you have seen 2008 Xtagged, Inc paperwork all legit and proof of perjury & witness tampering on behalf of the plaintiffs & Daryl Acumen. I believe if this case is not dropped asap I can asked the judge to move this trial to another court based on my evidence of extreme prejudice.
Oh here’s the link that proves extortion by Ryion & Kyle: http://www.karmacause.info/John_Richards-AngelList.phpHave a great day Andy Esquivelhttp://wisertechnology.com/Home_Page.phphttp://www.karmacause.info/https://www.diigo.com/user/xtagged(Key media bcc)WWW.KARMACAUSE.INFO
Andres Esquivel KarmaCause CEO:
Sent with my Xraza-phone
There are so many ways we can make fun of Andy after he sends out emails like this one: Whyis it that none of these “Key media” personalities who are always “bcc” on all of Andy’s emails ever show up for any of his
hearings? Why is it that nobody’s ever seen this mythical “Xraza-phone” that Andy claims to use to send these emails and if there is a such thing as an “Xraza-phone”, then why did he lie to Judge Connors and tell the court he “don’t carry no phone”? Why haven’t we hard from Steve Klemark in ages except through fake Linked-In profiles and secondary references from Andy? Is the Denver Police Department really ok with Andy showing off scanned copies of Steve’s security badge to promote his own criminal activity?
In other news, Andy has a hearing tomorrow at 3pm with the Jefferson County Court in which he needs to explain why he has failed to comply with a lawful order to pay child support. As I write this, Andy owes over $20,000 in back child support for the first two of his six children and hasn’t made an effort to find a job so that he can pay the amounts which he continues to owe monthly. Andy asked for tomorrow’s hearing to buy himself more time since he has no intention of seeking work, but he has no grounds on which to argue for a reduced payment or a reduction in the amount he already owes. IN fact, Andy’s child support liability was based on minimum wage employment specifically because the court was unable to verify ANY kind of legitimate employment for Andy in the last ten years. Andy’s continuous threats of legal action and “jail” made repeatedly to members of the Colorado Child Support Enforcement office which is handling this case have not deterred the state’s attorneys or impressed the judge. For an overview of the child support case proceeding against Andy, click here [PDF].
Andy Esquivel prepares for child support hearing
Posted on March 29, 2013 in Andy's Threats
Andy Esquivel is scheduled to appear in court for a child support hearing on Wednesday. The court will try to determine how a guy who claims to have invented everything from inflatable car covers, blue-tooth enabled electronic cigarettes, numerous pornographic mobile phone apps, alcoholic energy drinks, Internet DNA, and tools to prevent mass shootings in shopping malls can’e afford to pay child support for his first two kids. Andy, who will be representing himself because eh can’t afford an attorney, will attempt to persuade the court that he should be let off the hook because he gave the $5,000 he conned out of Ryion Butcher to his ex once in an effort to convince her he was now a wealthy man. That argument would probably carry a little weight, except for the fact that the Colorado Department of Child Support Enforcement has been following the fraud trial here in Utah closely and is fully aware that Andy is a criminal.
Andy has been preparing for this hearing by calling the Colorado department of Child Support Enforcement on a daily basis threatening to sue the department and send everybody who works there to prison (sound familiar)? The calls got so disruptive that the department actually went to the trouble of having Andy’s calls routed to a special answering service so that nobody would have to talk to him unless there was some sort of “medical emergency”.
Currently Andy owes around $20,000 in back child support – and counting. It’s kind-of pathetic that a guy who claims to be such a brilliant inventor can’t even come up with a few hundred dollars a month to support his own children, but I guess you can’t expect a sociopath to get a job and pay his bills.
Pathological liar can’t keep his lies straight…
Posted on March 13, 2013 in Andy Esquivel's Scams Andy's Threats Xtagged
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…
The MySpaceTagged website as it looked in late 2007 when I first met Andy Esquivel. Notice the Skybar banner copied from PartyUtah.com and the advertisement for a fake reality TV show in the upper right-hand corner.
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.
Andy Esquivel’s mother posts bail…
Posted on March 11, 2013 in Andy's Threats Wiser Technology Xtagged
In spite of the fact that Andy Esquivel has now lost two attorneys because of his propensity for mouthing off online, our little friend from Colorado still hasn’t learned his lesson. Andy is now posting on YouTube and claiming that I’m somehow going to “prison” in connection with HIS securities fraud case. Just for fun I went ahead and called Andy out by pointing out that in fact he was the one facing fraud charges and the potential of jail time not me, to which Andy responded:
“Yeah Andy is in prison right ‘Bountiful BOY'”
Apparently, Andy has forgotten that the only reason he’s not in prison right now is that his mother bought a $10,00 bond through Surety Bail Bonds to secure his release. Because Andy has such a short memory and is getting more and more cocky about being able to walk the streets in spite of his recent incarceration and upcoming criminal trial, I thought I’d go ahead and post the details of his bail bond (which is a matter of public record) for our readers to inspect and enjoy.
[Details of Andy Esquivel’s $10,000 bond]
As you can see from these documents obtained from the court, Andy’s mother Jobita Berriel secured the $10,000 bond for her son’s release with a down payment of $540 in cash on 7/29/11 and the promise to pay the $500 balance on 8/6/2011. Without this bonding agreement with Surety Bail Bonds, Andy Esquivel would still be in prison awaiting trial. Since Andy has no money and no job, there is no way he would have been able to come up with the money himself.
Enjoy freedom Andy! Unless you’re able to prove the existence of an Xtagged conspiracy, it might not last.
Andy Esquivel explains why he’s broke…
Posted on March 2, 2013 in Andy's Threats Ron Kelsay Xtagged
In a recent email, Andy Esquivel tries to explain to his followers why he’s broke. According to Andy, it all my fault and it has nothing to do with the fact that he hasn’t bothered looking for a job in the last 10 years. He also continues to promise easy riches from a huge “lawsuit” that’s eminent, even though Andy can’t even afford an attorney to represent him in his criminal trial.
“FYI especially all of you that was helping Xtagged in 2009 we do have a multi-million $ lawsuits against Bump & scam.com we all should have been living good by now it’s because of Daryl helping bump slander Xtagged you were cheated. when you call please let us know the movie producers wants to interview all who call officer Metcalf in American Fork thx.”
As you can see, Andy is also still clinging to the fantasy that he’s the subject of an upcoming Hollywood blockbuster that will rival “The Social Network” in US ticket sales. He’s also supposedly orchestrating a huge criminal case against me in American Fork for exposing all his businesses as scams and costing Utah taxpayers billions of dollars in tax revenue.
In another part of he same email, Andy pretends to be Shar Jenkins claiming “I will be monitoring emails for Andy while he’s on a month business trip thank you all!” It funny, but when I am on business trips I monitor my own email. I guess Andy likes pretending that he’s too rich and too important to check his own messages. I wonder where And’s pretending to be?
And in other news Andy claims to have developed an iPhone app to expose corrupt lawyers like the ones who kept encouraging him to take a plea deal rather than going to trial. I have an iPhone5 and I couldn’t find any such app in the iTunes Store, but Andy provides a fake link to a non-existent page to prove that it’s actually legit. Maybe Andy will provide a screen shot of this fake app for us to share…then he can explain to the world how he can afford to develop such sophisticated software when he can’t even afford to pay child support.
Andy Esquivel on a rampage part 2
Posted on February 24, 2013 in Andy's Threats Trial Updates Xtagged
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” <karmacause@ymail.com>
Date: Feb 23, 2013 7:22 AM
Subject: Daryl & Adam have started again…
To: “Utah Investigator” <Carl@landofhealth.com>, “MOM2” <rebeccadunn4@gmail.com>, “A sweet” <asweet@utah.gov>, “kwoodwell@utah.gov” <kwoodwell@utah.gov>, “Adam Platt” <aplatt@halifaxlegalllc.com>, “Alll” <allengbrady@gmail.com>, “law firm” <info@denverlegalteam.com>, “leo” <lmartinez@denverlegalteam.com>, “shar” <bossmarketing2011@gmail.com>, “John Steer” <xtagme@gmail.com>, “chue berriel” <chueberriel@yahoo.com>, “Jobita B” <cogotavon@gmail.com>, “steve.klemark@yahoo.com” <steve.klemark@yahoo.com>, “Steve K” <legal@wisertechnology.com>, “ron” <ronkelsay@yahoo.com>, “Brian Doubleday” <brian@gwvideo.com>, “mitchthrower@gmail.com” <mitchthrower@gmail.com>, “Talor” <taylorjoness@gmail.com>, “Daris Garner” <garndari@gmail.com>, “j_park32” <j_park32@yahoo.com>, “sis2” <rockyraquel30@gmail.com>, “Jason Webb” <jason@2patent.net>, “Jason Webb” <jason@advantialaw.com>
Cc: “news 1” <anastasiya.bolton@9news.com>, “news 2” <medemma@comcast.net>, “news 3” <vargas_paula@hotmail.com>, “news 4” <jalvarado0815@hotmail.com>, “news 5” <mossgregg@yahoo.com>, “news 6” <jessica.zartler@gmail.com>, “adam5news” <aadams@ksl.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 Esquivel on a rampage part 1
Posted on February 24, 2013 in Andy Esquivel's Scams Andy's Threats Xtagged
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.
Andy Esquivel is back!!!
Posted on February 9, 2013 in Andy Esquivel's Scams Andy's Threats Trial Updates Uncategorized
Here’s Andy Esquivel’s latest statement about trial:
You hear that Daryl Acumen I will never quit until I see you and your mother Rebecca Dunn take the stand at trial!!!
Earth to Andy – your trial has been postponed, not cancelled. Don’t worry, you’ll get your day in court soon enough. Hey, since you’re so ‘eager’ for your trial to start, why don’t you save the court some time and represent yourself instead of waiting for the new public defender to come up to speed on your case (that would be a load of laughs). Better yet, just plead GUILTY and get it all over with!
As for Rebecca Dunn taking the stand at trial – don’t hold your breath. Personally I would give my left arm to be able to testify against you at trial, but since I’m only peripherally connected to this case, that’s not likely. Maybe you should ask your new attorney to call me to testify though and see how that goes over. “Hey Julie, I want Daryl Acumen to take the stand at my trial…no I’m not crazy…yes I realize he’ll only convince the Jury to put me away for a quarter of a century, but…no I haven’t lost my mind, why do you…but I don’t care if I go to jail, I just want to look good in front of my friends…OF COURSE I HAVE FRIENDS!!!”
Andy is unbelievable, but a load of laughs. Keep posting buddy. Maybe you’ll land a guest spot on Dr. Phil. I hear they have a special program coming up devoted to pathological lying sociopaths with delusions of grandeur.
Former Xtreme Sushi employee speaks!!!
Posted on February 8, 2013 in Andy Esquivel's Scams Andy's Threats
Most of you know that Andy Esquivel is a worthless scumbag who sleeps with under-aged girls and refuses to pay child support for his children, but what you probably didn’t know is that Andy also takes advantage of high school kids to make money! Following is a first-hand account form one of Andy’s former employees who was only in high school when Andy used him for cheap labor at his Xtreme Sushi shop and never paid for his work.
The testimony you are about to read has been forwarded to Davis County prosecutors to help illustrate the lengths to which Andy Esquivel will go to further his various scams and to make a buck. John Steer, Andy’s low-life cousin, is also implicated in this scheme to defraud a young man with little experience in the ways of the world because he stood by and watched Andy extort work form this high school junior in the furtherance of Andy’s schemes.
Below is the brief testimony of Dakota Iverson of Bountiful Utah:
When I was a junior in high school there was a restaurant called Xtreme Sushi in Bountiful Utah. I was attending Bountiful High school and was in need of a job, so one day I wandered into Xtreme Sushi and applied. The person who took my application and interviewed me was a man named Andy Esquivel.
Andy gave me the application and I basically got the job on the spot – quick and simple. After a couple days Andy started ranting to me about “Xtagged”. He said it was a website worth millions and billions of dollars and that it would make us all rich. This was around the same time that Twitter was invented and it’s funny because he would always say that twitter was nothing compared to Xtagged and if they could get so popular and be worth so much money then that means Xtagged is going to be worth way more!
I went on working for Andy at Xtreme Sushi for $6.50 an hour as the time passed and passed without me getting a pay check. I think it was two months before I got my first check , and I do not recall the amount of money I was finally paid. That first amount doesn’t really matter though because after that first two months, I never did see another dollar – nothing in the next four months that I worked for him. Paychecks were not what I would call a ‘usually thing’ at all while working for Andy – in fact they did not really exist. I went on for so long with out receiving money because every day without fail Andy would talk to me about Xtagged and he would say that he was giving me 1,000 shares of stock in the company. He promised that when the site took off, I would be able to sell my stock for “millions of dollars”. This didn’t get rid of my desire and right to be paid for my labor, but I trusted Andy because everything he said seemed to be in my favor. He always seemed to care about my well being (or so I thought). I trusted in Andy because he was such a good liar.
I feel stupid for believing Andy for 6 months with out receiving almost anything. I was a kid in high school so I was very gullible. Andy saw that gullibility in me and he decided to take advantage of it.
Though I did not ever complain for about not being paid, I made sure to keep track of every hour that I worked in hopes of being paid for my labor someday. After all, that is what Andy told me to do because he always promised that soon I would receive my check.One day I went to work and when I showed up at the restaurant I realized that the doors were locked and it was dark inside. A lot of thing things were missing from in the restaurant. I am not sure who removed everything, but I’m certain it was Andy. It looked like he just ran away, which I finally learned is exactly what happened. In the end he just packed up and ran away without paying me another dime and with out even saying a word.I’ve calculated that Andy owes me 89.9 hours worth of labor at $6.50 and hour, which totals up to $584.35. John Steer would be able to confirm this, because he was there while I worked all those hours. I don’t ever expect to get paid and I’ve learned my lesson about who to trust and who to avoid. Andy is definitely a person to avoid at all costs. I hope he finally gets what’s coming to him in this trial.Dakota Iverson
What kind of Christian takes advantage of young kids working their way through high school? What kind of person sits back and watches while a scam artist like Andy Esquivel extorts money from children? The answer is simple – Andy Esquivel is no Christian and John Steer is no human being. Both men are leaches and one day Karma will catch up to both of them for what they’ve done.
I’d like to thank Dakota for his courage in sharing this story. None of us likes to be conned and it’s hard to admit when it happens, but at least we can alert the world and save others from making the same mistakes. Andy Esquivel and John Steer are a collective mistake – period! Wherever they are, they should be reminded of the people they’ve hurt and the trail of lies they’ve left behind. One day soon it will catch up to both of them, and those of us who believe in justice will be there waiting and cheering.
Andres Esquivel’s attorney quits – calls Andy’s actions “repugnant”
Posted on February 8, 2013 in Andy Esquivel's Scams Andy's Threats Andy's Videos Trial Updates Xtagged
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.
Conclusion:
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
[full text of the filed motion can be seen here]
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.
Another judgement against Andy Esquivel
Posted on February 5, 2013 in Andy Esquivel's Scams Andy's Threats Karma Cause Trial Updates Wiser Technology
Poor little Andy Esquivel just can’t catch a break. Just when it didn’t look like life could get any worse with a pending criminal trial, his public defender quitting his case, another pending hearing for back child support, and a sixth illegitimate child entering the world with a dad who can’t seem to find work, Andy Esquivel gets slammed with ANOTHER judgement demanding payment of $1,575.99 from NAR Inc.
The judgement is being filed in Utah as a foreign judgement from Colorado by NAR Inc. apparently for APEX Alarm equipment and services that Andy purchased and never paid for. Obviously Andy won’t be able to pay the judgement since he’s broke, unemployed, and still pretending to be CEO of a bankrupt group of imaginary technology companies. One wonders how long it will take Andy to realize he’s an adult now and that he needs to have a job in order to live. In this day and age it’s unacceptable to continue living off of your girlfriend and her food-stamps while living at home with your mother. Any real man would by now have picked up the classifieds and found himself legitimate work as a janitor someplace.
The case details can be found here:
- Case document
- Foreign Judgment
- Affidavit of Chip Shaner Concerning Foreign Judgment
- Notice of Judgment
- Application for Writ of Execution
The court has granted NAR Inc. permission to charge Andy 8% interest until the judgement is satisfied. My hunch is that when Andy finally gets our of jail and is forced to get a job as a condition of his probation, NAR Inc. will garnish his wages to recover their funds. At minimum wage, who knows how long that is going to take, but at least they’ll eventually get their money.
Andy Esquivel gets desperate (and racist)
Posted on February 4, 2013 in Andy's Threats Wiser Technology
Over the weekend, Andy Esquivel posted the following on both his Wiser Technology and Karma Cause scam websites.
(911 info) just in from Rebecca Dunn herself, Daryl Acumen called her CRYING: “Please mom don’t let them put me in prison, please I beg you, I’m sorry”
Rebecca: “I warned you in the end Andrew, Ryion & Ladd would blame the [nigger]”
There are several problems with this post, besides the racism which I will deal with last. First of all, I haven’t spoken to my mother in years. We had a major falling out in 2008 when the severity of her mental condition became fully apparent to me, and the schism only deepened when I realized that she was still chasing con-artists like Andy Esquivel at the risk of her own personal safety. My mother has been remotely diagnosed with Borderline Personality disorder (BPD) and her fixation on con-artists like Andy Esquivel is part of her condition. Since my mother refuses to seek treatment, I’ve chosen to cut-off all contact rather than continue a losing battle trying to convince her to seek help.
I did receive the following conciliatory email from my mother in 2011 when she realized that Andy Esquivel had been a fraud all along. I’ve never posted it out of respect for her effort to make amends, but now I feel it’s probably appropriate.
Hi Daryl,
I basically stopped communicating with Andy last year and then realized that I had to expose him. Andy is stating that he is preparing a documentary based on conversations that he has recorded. He does not realize that FCC forbids the recording of conversations without the user’s prior approval. Over the past 18 months, I have sent many emails that I regret and I am certain that Andy is planning on including those and my goal was to beat him to the punch. I was prepared to send this document out early Wednesday morning; but, he just sent me a nasty email and I have no choice but to send it out now.
Daryl, we used to be so close and we have caused each other so much pain. I doubt seriously if I will ever see you again and I wonder if any of this was worth it. Please know that I love you much and I only wish you happiness. I titled the document ‘The World of Blogs and Xtagged.’ This document contains supporting emails and I’ll send it to you in four emails. I hope that some day you will find it in your heart to forgive me.
Good Luck to you and your family.
I love you.
Mom
The email was accompanied by a wealth of information in assorted documents which we have posted on our website here. Aside from this brief communication however, my mother and I remain estranged. I do still have her email address, but I do not have my mother’s phone number and wouldn’t’ call her if I did.
The second problem with this post is the fact that it doesn’t make any sense! I’m not the one facing three felony counts of securities fraud and being sued by the Utah Office of Recovery Services for years of back child support on two of my six illegitimate children (Andy gave up his paternal rights to a third after drugs were discovered in the child’s system). I’m not the one who had to plead guilty to digital harassment charges after spending a year stalking me online. Andy Esquivel doesn’t seem to get this, but he’s the only one facing potential jail time right now, not his victims and most certainly not Daryl Acumen.
The last problem I have with Andy’s post is it’s blatant racism. My mother doesn’t use the “N” word, even when attributing it to the sentiments of third parties. She may be mentally ill, but that part of her personality I’m confident has not changed. For Andy Esquivel to be desperate enough to stoop to blatant racism, even after complaining on his various websites about the racism he claims to have been subjected to by the victims of his crimes and the prosecutors holding him responsible for them, is a clear illustration that he has run out of things to say.
I’m 100% confident that Rebecca Dunn has not resumed contact with Andy Esquivel, even to inform him that she no longer wishes to be contacted by him. I know this because I get updates on her condition from a cousin who stays in contact with her. If Andy Esquivel were in contact with my mother, he would know much more about her circumstances that he professes on his various blogs. The fact that Andy has repeatedly blogged that my mother will be testifying at his criminal trial tells me that he has had no contact with her in quite some time. The fact that he continues to claim contact with her in spite of his obvious ignorance of her circumstances is laughable.
Nice try Andy. I have it on good authority that the public defender who’s about to be assigned to your case is going to insist that you accept a plea deal with the state. Maybe you should spend a little less time pretending that you have a case and a little more time looking for a job so you can afford the deal the state is going to offer you. …oh, and you might want to start paying child support while you’re at it.
Andy shows off fraud check
Posted on January 16, 2013 in Andy's Threats Trial Updates
Check for $2,500 paid for 1% of “Xtagged” – part of securities fraud case against Andy Esquivel.
Andy is now posting evidence of his crimes in the hopes that this will somehow convince the world that he’s innocent. Here’s the text of Andy’s latest post – see if you can make any sense of it:
We paid Ryion $2,500 through Logan Laws 09/14/2009 look below [at picture of check to the left]… after we gave Logan $2,500 Ryion was supposed to remove negative blogs he never did so we never paid remainder $2,500!
By reading the text above you would think that the check pictured was made out to Ryion Butcher, right? In fact close inspection reveals that the check pictured is the one Ryion Butcher wrote to Andy Esquivel in exchange for 1% of his Xtagged scam. The text in Andy’s post has absolutely nothing to do with the check in the photo. Note: accepting a ‘check’ in exchange for a ‘share of ownership’ in a company (real or fictitious) is BY DEFINITION a “securities transaction,” yet Andy Esquivel is going to try to make the case at trial that he never sold any securities.
In other words, here’s Andy trying to convince himself that the pictured check proves he tried to pay Ryion Butcher back, when in fact all it does is provide further evidence of the fact that Andy committed securities fraud as charged. It’s amazing how the minds of crazy people work. Looped logic, delusions of grandeur, fantasies of persecution – it’s no wonder poor Andy can’t get a job.
Andy Esquivel claims he could have prevented Connecticut school shooting
Posted on December 17, 2012 in Andy Esquivel's Scams Andy's Threats
Pathological lying sociopath and convicted felon Andy Esquivel continues to show the depths of his depravity with new and stunningly inappropriate emails to his victims. The following email (presented un-edited) was sent by Andy to one of his fraud victims via LinkedIn. The email claims that he, Steve Klemark (of the Denver Police Department), and Rebecca Dunn (former pretended CEO of Andy’s various scams) invented iPhone apps and other technologies under their fake shell company Wiser technology that could have prevented the Connecticut school shootings.
Claims like this one are not new. A few months back Andy likewise claimed to have invented technologies that could have prevented the Aurora Colorado theater shootings, which we called him out for as well. The depths of this scumbags depravity appear to know no bounds as he is now attempting to use the deaths of a score of children to bolster his defense against the securities fraud charges he now faces and to influence the witnesses against him.
The email follows:
———- Forwarded message ———-
From: Andres Esquivel via LinkedIn <member@linkedin.com>
Date: Sun, Dec 16, 2012 at 7:29 PM
Subject: Shootings- Steve klemark could have helped!!!
To: Chris Engelbrecht
Cc: Allen Brady <info@xooplay.org>, John Steer <xtagme@gmail.com>, Marali Madrid <marali.madrid@gmail.com>, Arelis Diaz <sweet_are@hotmail.com>, Rick Barber <ricktalkman1@aol.com>, Eduardo Blancas <eduardoblancas@gmail.com>, Cynthia Bagué <cynthiabague@aim.com>, Don Bain <donbain@comcast.net>, Chue Berriel <ChueBerriel@yahoo.com>, Cheryl Lucero <Luceroc01@aol.com>
Andres Esquivel has sent you a message.
Date: 12/17/2012
Subject: Shootings- Steve klemark could have helped!!!
Something like this OK Steve Klemark and Rebecca Dunn 2010 invented an app for an iphone that would tell you the difference between the sound of a bullet and the sound of a fire cracker but Steve went bigger a smoke alarm type device equipped with bluetooth so when bullet went off in theater not only would an alarm system sound in there but bluetooth emergency frequency would domino the alert every 30 feet showing people on Iphones where the gun went off but Steve went bigger designing bullets that make a distinct sound just by changing the shape of a bullet I don’t know what to do Steve Klemark is like Steve Jobs reborn Steve just vowed to bring down Daryl & Ryion and is consumed with that battle when he could be helping kids be safe I am at my wits end so I figured the media would know if this is important right because trust me I only told you what I can remember but it sounds important to me but maybe not. Elijah of Wisertechnology.com
Andy Esquivel brags about embezzlement
Posted on December 6, 2012 in Andy's Threats
Here’s an interesting footnote to the whole Xtagged scam story: Andy is now bragging about embezzling funds from his own fake company!
Recently Andy Esquivel has taken to threatening his ex girlfriend (mother of two of his five kids – Andy is apparently not big on marriage) with fraud charges for, as he describes it, not reporting a $5,000 payment he made to her for ‘child support.’ Andy is using this distracting argument to deflect attention away form the fact that he currently owes nearly $20,000 in back child support to ORS and has no means to pay it.
The truth is very interesting. As it turns out, Andy is talking about money he received from Ryion Butcher to purchase 1% of a fake company called “Xtagged.” Ryion gave Andy the $5,000 check for his fictional 1% after signing a fraudulent contract given to him by Andy (this, by the way, is the dictionary definition of a “securities” transaction). Andy took the cashiers check and attempted to sign it over to his ex girlfriend, but she smelled fraud someplace in the mix and declined to accept the third party check from Ryion. Andy then asked his ex to meet him at a Cypress Credit Union in West Jordan where he cashed Ryion’s check and exchanged it for another cashiers check made out in her name. Andy now claims that this $5,000 check should have been reported to ORS as ‘child support’ and the fact that it wasn’t reflects some sort of deception on his ex-girlfriend’s part.
Unfortunately for Andy, the laws surrounding this series of transactions are very clear. First of all, it is Andy’s responsibility to communicate with ORS and to notify them of any child support payments he made to his ex. Without such paternal reporting, any monies paid to Andy’s ex are considered “gifts.” The fact that Andy has been hiding from ORS for years means that he gave up the ability to self report payments while he was out of contact. The only reason ORS ever even found Andy was because the administrators of this website provided them with his address, phone number, and a photo for spot identification. It doesn’t pay to run from your parental responsibilities – especially if you’re going to be loud about it.
Secondly, the fact that Andy diverted funds specifically entrusted to him by an ‘investor’ in a company (albeit a fake company) he claimed to be principle of is legally considered embezzlement and is further evidence of fraud! I wouldn’t be surprised if the prosecution calls Andy’s ex to testify in February for the purpose of describing the depths of Andy’s criminal activity in this case. In the legitimate business world, the idea of taking money from investors and giving it to your ex-girlfriend is unthinkable! Fortunately for Andy, he’s already on trial for felony securities fraud so the revelation can’t really make things much worse than they already are.
Finally, even if the judge in Andy’s January child support hearing decides to give him credit for the $5,000 he stole from Ryion Butcher to give to his ex-girlfriend against his existing liabilities, he still owes over $15,000 in back child support. Since Andy doesn’t have a job, is completely broke, and is on trial for a felony that will make it difficult for him to find legitimate employment in the future even if he manages to stay out of jail, the odds of him being able to satisfy this obligation are remote. It must suck to be a destitute con artist with no means to support your numerous, illegitimate children.
Maybe Andy will come to his senses soon, cop a plea to stay out of prison, and will find legitimate work somewhere. I know Walmart is hiring seasonal warehouse help this time of year. With a little luck, they’ll overlook Andy’s criminal past and give him a second chance at life.
Andy Esquivel using identity theft to make case against fraud charges…
Posted on November 1, 2012 in Andy's Threats Xtagged
Andy Esquivel creates fake LinkedIn profile to “prove” that he is innocent of securities fraud
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:
- Her profile photo is Andy’s Aunt with the license plate of her vehicle (no normal person advertises their license plate, especially on LinkedIn) and actually includes an added plate on the right side that was added with a cheap photo editor like the ones Andy uses because he can’t afford Photoshop.
- “www.Xtagged.com” (which has been offline for months) is listed as her FIRST occupation, and the other companies she owns are only listed secondarily – this in spite of the fact that per primary field of work is listed as “Real Estate” not “online scams”.
- In her “summary” section, there is a bright news post with the headline “***NEW***” just like in Andy’s various real and fake profiles. She (he) then follows with six more “*NEW*” pronouncements further down the page, as if she (he) is advertising soap. No normal professional puts news flashes in their summary like this. LinkedIn isn’t MySpace or Blogger, a fact Andy struggles to comprehend.
- The Summary newsflash begins with a statement in QUOTES, as if the person writing isn’t the person who actually made the statement being transcribed. If Andy’s aunt was typing this information in her own profile, she wouldn’t be quoting herself.
- The fake profile’s author refers to “Ryan &Daryl” as if she (he) knows us personally and as if they are under the assumption that anybody reading this profile will know us by first name as well. Since I’ve never met Andy’s aunt, this is strange behavior.
- The profile urges readers to call Andy Esquivel’s convicted felon, con-artist mother and gives her phone number. First of all, why would Andy’s aunt want professionals who view her profile on LinkedIn to contact her wacked-out, drug using, convicted felon sister who is out on parole and who’s a pariah in her family to get more information about her investments? Wouldn’t it make more sense for her to refer to her own contact information, which is already available to people connected to her through her professional profile?
- Finally Andy (posing as his Aunt) goes on to list a dozen or so links to his various blogs and postings on the web. This is odd behavior for a real-estate investor in California, but typical for a blog-whore like Andy. She (he) includes links to all of Andy’s favorite snippets, from Ron the cameraman being chosen for good reason to Rebecca Dunn’s “warnings” about this and that and blah, blah, blah that only Andy Esquivel thinks is interesting.
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…
Andy Esquivel conned his own family!
Posted on October 1, 2012 in Andy Esquivel's Scams Andy's Threats Xtagged
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.
Andy Esquivel claims he could have prevented the Aurora shooting
Posted on July 25, 2012 in Andy Esquivel's Scams Andy's Threats
In a display of brazen stupidity that is shocking even to those of us who have become used to his incredible imagination, Andy Esquivel claims to have invented technology that could have prevented the Colorado theater massacre and thus could have saved lives (…if only he weren’t on trial for securities fraud).
In his latest post, Andy claims that he, Steve Klemark (a low level IT clerk at the Denver PD) and Rebecca Dunn ( a part time substitute teacher in North Carolina) invented a technology in 2010 which could have prevented the shootings and “saved lives” in Colorado. He asserts that this technology was offered to the “the people of Columbine” but that the victims of hsi fraudulent activity in Utah somehow foiled the technology transfer. He even asserts incredibly that the efforts of his fraud victims to enlist the help of the Utah justice system reflects some kind of “negligence” on their part. The actual quote as posted on Wiser technology’s homepage follows with colors and formatting intact.
“We were to post update 07-19 weekend on the 1 year anniversary of the fake security charges filed in Utah! Do to the Colorado theater massacre we had to postpone it because of the anger at Wiser Technology against Daryl Acumen, Ryion Butcher & all co-conspirators since 2009. Please let me briefly explain Wiser team, Steve Klemark, Rebecca Dunn & I in 2010 had invented new technology that we were to donate to the people of Columbine high school and this technology would have saved lives if it were not for the extreme negligence of Daryl Acumen & co-conspirators smear/slander campaign…”
If you ignore the horrible spelling and even worse grammar, basically what Andy is trying to do is pretend that the Colorado theater shooting had something to do with his recent silence regarding the securities fraud case against him. That silence is of course really due to the fact that Andy has been trying desperately to convince his own family not to press criminal charges of their own against him for the money he conned from several of them. It is typical of Andy to cling onto a tragedy of any kind and to try to use the emotional nature of the event to his own advantage, but this latest episode is absolutely DISGUSTING!!!
Andy Esquivel ordered to produce list of evidence and witnesses to the court
Posted on July 18, 2012 in Andy's Threats Trial Updates Xtagged
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.
A copy of the court order can be found here [PDF] and a as always a detailed update of the case and it’s status can be found here [PDF].
Andy bragging about big-shot lawyers
Posted on June 23, 2012 in Andy's Threats Trial Updates
Here’s a post from Andy’s website. It’s from sometime last year when he was bragging about Ron Yengich taking his case. I just thought it was sort-of funny in light of the fact that now Andy is representing himself. I guess this wasn’t all my “manipulation” after all. Sometimes the truth hurts.
Daryl blogged in video above “(Note:Andy doesn’t have an attorney and refuses to use the public defender assigned to him)” – (I wonder why?)
Now the truth: Allen Brady got Ron J, Yengich & he did take my case, but his fee is double what Ryion, Kyle and Chris put into the company! So if we have been trying to give these men back their money for 18 months just as Shar Jenkins paid $2,500 back to Logan Laws Sept,14, 2009. Why should we pay so much when we are innocent. Instead we will wait for ‘preliminary hearing’ Oct,26,2011 then all Xtagged, Steve, Allen, Shar, John, Jake and more witnesses and our evidence will be presented to the Judge if then & only then this proceeds forward to full trial then Ron J, Yengich will be retained. (Money has nothing to do with it! That’s just Daryl’s manipulation as usual.
Call Allen Brady 801.XXX.XXXX he can verify everything…
Another crazy, ranting, psychotic email from Andy Esquivel
Posted on June 19, 2012 in Andy Esquivel's Scams Andy's Threats Buzz/Wiser Karma Cause Trial Updates Wiser Car Cover Wiser E-Cigarettes Wiser Eyes Xtagged
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…
Andy Esquivel’s former attorney blocks Andy’s emails…
Posted on June 19, 2012 in Andy's Threats Trial Updates Xtagged
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
Andy Esquivel rails against his own attorney
Posted on June 19, 2012 in Andy's Threats Trial Updates Xtagged
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…
“Scam.com” user on Scam.com was always Andy…
Posted on April 12, 2012 in Andy's Threats
Scam.com user was Andy Esquivel
This won’t come as much of a surprise to anybody here, but there’s new evidence that the “Scam.com” user on the Scam.com website was in fact Andy all along.
We all knew it because Andy copied the tagline from out UtahRaves.com thread and made it the tagline of the user, but was too stupid to realize that the tagline got truncated (something any sane person would have seen right away). The “Scam.com” user always posted the most mindless and zombie-like things, and although they were all critical of Andy, they usually only repeated things many of us had already posted or simply agreed with what we said. The user never offered a fresh perspective of Andy’s scams (as a real user would have) and was usually so obnoxious that even those of us who were busy exposing Andy’s scams were annoyed by it’s posts.
Andy used to bash the “Scam.com” straw-man and say that the user was an illustration of the tactics we were using to expose him. Those of us who really did work to expose Andy saw through the ruse and rolled our eyes, but I’m sure the performance earned Andy a few brownie points among his mentally incapacitated followers.
Well just in case anybody on this blog still doubted who “Scam.com” was, the final proof is in: Andy changed the users profile name to read “Bannedddddd”.
The first obvious give-away that this is Andy and not a real user is that when the administrator of a vBulletin message board bans somebody, their username remains the same, but their tagline changes to reflect the new status. Sometimes the username appears with a line through it to make the point clear. Changing the username to “banned” would be silly because every “banned” user would have the same name…a condition frankly not even allowed by the VB database.
Second and even more obvious giveaway is Andy’s use of a string of d’s in the name. Andy is obsessed with strings of d’s because he fell in love with a skit by a comedian named Carlos Mecca a few years back that featured the him in a chicken costume singing a “deedeedee” song. Most of us here never got the joke, but Andy cracks himself up with it all the time so he references the skit any time he gets really excited. I’m sure many of you have heard Andy say “I got you now you DDDs.” It’s the kind of humor only a drug addict could understand.
Andy must have gotten bored waiting for trial and so decided to play with one of his sock-puppets over at Scam.com to amuse himself.
Pathological Liar and Con Artist Andy Esquivel Alleges Perjury
Posted on March 29, 2012 in Andy's Threats Karma Cause Trial Updates
Pathological Liar and Con Artist Andy Esquivel Alleges Perjury
As a goofy twist to a story that’s getting so tiresome and repetitive that it’s almost not worth posting about anymore, Andy Esquivel now claims that the witnesses who testified at his March 21st preliminary hearing are all guilty of perjury. Here’s the evidence:
———- message ———-
From: ryion butcher <workkhardd@ddd.com>
Date: XXXXXXXXXXXXXXXXXXXXXXX at 11:36 PM
Subject: RE: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX!
To: xtagged@gmail.com, xtagme@gmail.com, utxpatrol@gmail.com
Cc: xtaggedtrainer@gmail.com, rdunn@wiserecigarette.com, beckiedunnz@aol.com, allenbrady@hotmail.comPrivate until court!!! XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXLook how Ryion signs off!Sincerely,Ryion Butcher
1% Owner XTagged –
Entitled to 1% of all dividends and profitsWorld Peace!
…boy, nobody saw that coming.
Forget for a moment that a pathological lying idiot like Andy Esquivel accusing anybody of “perjury” is like Jack the Ripper accusing somebody of assault and consider the futility of posting an accusation of ‘perjury’ online. Wouldn’t those accusations be more appropriate for his attorney to raise in court? If the accusations had any merit whatsoever, wouldn’t his attorney have raised questions about the given testimony during cross examination already? If you were an attorney for the defense and you were holding out for trial to raise questions about witness testimony, would you advise your client to post your allegations on the web for everybody including the prosecutor to see weeks in advance?
It’s amusing to me to see how much more desperate Andy’s posting become the closer he gets to trial. First there were no charges. Then the police were going to testify in a counter suit. Then the charges had been thrown out. Then Allen Brady was supposed to be negotiating with the DA to have the case dismissed. Then there was going to be a change of venue to Colorado. Then there was this box of evidence that Andy was going to use to beat the case. Then Andy was going to have all his friends testify in his defense. Then Andy was going to reveal all the details of this huge three year conspiracy in court. Now there’s perjury. Next Andy will claim he was framed or that his appeal will exonerate him. Finally Andy will say it was all staged for a documentary about how an innocent man can get charged with fraud with an insider’s look at life behind bars.
No intelligent human being can watch the events of the last three years and conclude anything less than the obvious: Andy Esquivel is a pathological lying idiot who can’t find a job and who survives by conning mentally incompetent sidekicks like Allen Brady into paying his legal bills.
Thankfully the drama is almost over.
Andy Esquivel Pleads “No Contest” to Harassment Charges
Posted on February 17, 2012 in Andy's Threats Ron Kelsay Trial Updates
Andy Esquivel Pleads “No Contest” to Harassment Charges
January 17, 2011 A. Fork prosecutor offers Andy plea bargain (NO jail and one year probation). Andy said no thank you. WHY? because Andres Esquivel is innocent!
Apparently he changed his mind:
This morning Andy Esquivel plead “No Contest” to Class B Misdemeanor Digital Harassment charges (case#101101231) in Utah District Court. Andy was ordered to pay a $250 fine ($50 per month for five months beginning April 1st) and to break no further state, local, or federal laws for a period of 12 months. A full case update can be found here [PDF].
WE ALL WILL PROVE EVERYTHING 02/17/2012 9:30AM AT AMERICAN FORK! Steve, Shar, Allen, Gene, Denise, Jake, John, Ron and more
Today Andy, Steve, Shar, Gene, Denise, Jake, Ron and the gang proved…NOTHING!!! It was a little anti-climactic to he honest. Andy sent me 50 threatening emails over the course of 18 months. He probably sent more actually, but I configured my email server to block all his messages so I have no idea. As a result of his threatening spam, Andy was ordered to pay the state of Utah $5 per email. That’s one expensive Gmail account!
Andy’s bogus trial updates…
Posted on January 17, 2012 in Andy's Threats Trial Updates
Andy Esquivel is still trying to convince his friends that he’s in complete control of his legal situation and that things aren’t as bad as they appear. Here’s the lates from the Wiser Technology website:
Court Update; January 17,2012 in Davis County court, we all finally get to tell our side as owners of Xtagged. John Steer, Jake House, Allen Brady, Shar Jenkins, Steve klemark & more. Followed by American Fork where we all will testify against Daryl Acumen.
After we all prove that securities were never sold as Ryion & Daryl stated “hundreds were sold”.
We will continue with our lawsuit for Xtagged.
F.Y.I Wiser Technology has received a great offer from a Nevada company that we are looking into 01/18/2012.
…so where do we begin? First of all, the hearings held today in Davis County and American Fork Utah were preliminary hearings, not trials. There was no jury and nobody was the least bit interested in anything Andy Esquivel had to say. In short nobody “testified” about anything…period! In both cases, Andy’s attorney simply informed the court that he needed more time to convince his client to plead ‘guilty’ or to formulate some kind of defense. The idea that Andy or his gullible friends would get to ‘tell [their] sides of the story’ today or ‘testify against’ me is completely delusional and illustrates how mentally disturbed Andy Esquivel is.
Second, Andy is an IDIOT if he thinks he’s going to be able to convince a judge that he never sold securities, especially when the state has copies of the checks written to him by investors as well as signed documents claiming to do precisely that. I don’t know what Andy means by “hundreds were sold”. Hundreds of what? Does he mean shares? If so, then his own documents conform that Andy sold tens of thousands of shares, not hundreds.
As for a lawsuit for Xtagged, all I have to say is…next? I mean seriously, we’ve been hearing the same hollow threats about the same fictitious companies for years. Who at this point is still listening?
Finally Andy now claims that some company from Nevada, blah, blah, blah… We’ve heard that before too. it used to be entertaining, but now it’s just…whatever. The first time I ever spoke to Steve Klemark on the phone he said Andy had some BS story about investors in Nevada. Every time Andy wants to create the impression that there’s money right around the corner he brings up some company in Nevada. It’s almost a running joke, like saying ‘I’ve got some beach-front property in Arizona to sell.
I think it’s funny that Andy still has the stones to try so hard to spin his dilemma online. Everybody knows he’s guilty of fraud and within a few months he’s going to be pleading guilty to all charges. What does he think he’s gong to gain by continuing to lie?
for REAL updates, stay tuned to this website and check out “Trial Updates” section monthly. As new information comes in that is public record, we will post it here.
Legal Analysis by Adam Platt of Halifax Legal, LLC
Posted on December 6, 2011 in Andy's Threats
(My attorney’s official response to Andy Esquivel’s repeated threat to “sue”)
September 10, 2010
by e-mail
Andres Esquivel
utxpatrol@ymail.com
Dear Mr. Esquivel,
This letter is in response to your incessant refrain that you will “see [my client] in federal court.” The short response is – I very much doubt it. Although the threat has long since been rendered hollow through its shear repetition (to say nothing of the lawsuits that you have several times claimed to have already filed), I am aware of no legitimate basis that would support your initiation of legal action against Mr. Acumen. While I will not waste my client’s money outlining every reason that is so, I will endeavor to provide a rough overview.
While I cannot know the precise claims you would assert against my client, I will assume them to be substantially similar to those included in the complaint that was the focus of the YouTube video that you posted on Friday, July 23, 2010 (link), which complaint you said would be filed the following Monday – July 26, 2010.[1]
Request for Injunctive Relief
Your complaint begins with a request that the Court issue a “preliminary and permanent injunction enjoining” Mr. Acumen from blogging, which speech you allege to be defamatory. This relief is clearly barred by Article II, Section 10 of the Colorado Constitution, which provides, without qualification, that “every person shall be free to speak, write, or publish whatever he will on any subject, being responsible for all abuse of that liberty.” The Colorado Supreme Court has repeatedly held that this provision provides broader protection for speech than does the First Amendment. See, e.g., Bock v. Westminster Mall, 819 P.2d 55, 59-60 (Colo. 1991) (collecting cases).
Finally, the Colorado Court of Appeals has specifically held that defamatory speech (which Mr. Acumen’s speech is not), while actionable in damages, cannot be enjoined. DeGroen v. Mark Toyota-Volvo, Inc., 811 P.2d 443 (Colo. App. 1991) (holding that injunctive relief is not available against speech activity, because the harm to reputation is insufficient to justify that remedy).
Alternative Tort Claims
Your remaining claims – Intentional Infliction of Emotional Distress, Intentional Interference with Business Relations, and Defamation – can all be effectively categorized as defamation, and defamation-like claims. Considering claims such as yours, courts around the country have uniformly held that a plaintiff may not make an “end run” around the First Amendment by employing alternative tort labels to what is, in essence, a speech claim.[2] As a result, a court would only consider your alternative tort claims if you are able to establish the elements of a defamation claim.
However, even if the defamation claim were actionable (which it is plainly not), and your other claims could possibly proceed, there are several reasons why your alternative speech claims warrant dismissal. With regard to the “Outrageous Conduct” claim, it is worth noting that corporations – even were those listed as plaintiffs to actually exist – cannot suffer emotional distress. Thus this claim cannot be brought on their behalf. In any event, however, it is plain that Mr. Acumen’s actions – uncovering and publicizing your highly suspect business dealings is not the sort of conduct that would strike one as at all “outrageous,” especially given the precedent set by case law.
There are myriad problems with your claim for Intentional Interference with Contract as well. I’ll spare you the complete scholarly dissertation for why that is so, but suffice it to say that such a claim would require that you identify real contracts that, but for my client’s conduct, you would have been able to close. What evidence you have proffered so far appears quite implausible – a characterization that, admittedly, may push too far the boundaries of acceptable euphemism.
Defamation
Part of what makes defamation law so interesting for practitioners is the stories that come out about the plaintiffs. While defamation plaintiffs are often colorful characters, such as yourself, the real difference lies in the procedural aspects of the claim. As you may be aware, a plaintiff’s personal history and character are usually inadmissible inasmuch as they are generally irrelevant to the questions at issue in the case. But in a defamation claim, the question at issue is whether the plaintiff’s character has been damaged by the defendant. In addition, the plaintiff has the burden of proving that he has a good character that has been damaged, and that the statements in question were false.
Thus, were you to actually file suit for defamation, your character would be very much at issue. This would include your criminal history: beginning with your initial federal felony and continuing through your 2004 Utah Federal Court conviction for being a felon in possession of a firearm and its accompanying sentence to six months in federal prison. See U.S. v. Andres Esquivel (D. Utah Case No. 2:03-CR-000293-001) (reflecting also that the defendant’s bond was revoked after court-ordered drug tests in May and August 2003 revealed the presence of methamphetamine). Also at interest would be any outstanding warrants in Utah for unpaid child support (should any exist); your by-now-infamous run-in with law enforcement authorities in Bountiful (which I believe you said someone had filmed from the back-seat of your Lamborghini); as well as the three securities fraud cases pending against you in Utah.
I should note that you may perceive the previous paragraph as a threat on my client’s part. It is not. It is simply a statement of fact. When a plaintiff claims to be a man of good character who has been maligned by a defendant, that defendant has the right – and his attorney has a corresponding duty – to zealously investigate whether the plaintiff’s claim of good character is well founded.
As a result, much of our inquiry would be naturally focused on the question of whether Xtagged.com really is a “scam,” a statement that you have taken particular issue with. That would necessarily involve the investigation of the company’s finances – who invested what, and where the money went (all of which evidence would be directly relevant to the case and, should you refuse to disclose it, is almost certain to be ordered produced by the court). Another area of interest would be Xtagged’s much advertised “facial recognition technology.” I am very interested to see precisely how you managed to invent software that is capable of accurately recognizing facial features within low-resolution cell-phone pictures – a programming feat that continues to elude the rest of the country, despite the many of billions of dollars thus-far devoted to the problem.
Also relevant to Mr. Acumen’s defense against any claim premised upon his statement that your businesses are “scams” would be your easily discovered and stunningly-flagrant violations of federal intellectual property laws. The most recent example, of course, is the revelation that your Buzz/Wiser drink (along with nearly all of its website advertising) appears to have been merely a direct copy of “Security Feel Better,” a European drink that has just begun to be sold in the United States, as well as its website. You’ll likely recall the profanity-laced e-mail and cease and desist letter that you received from the manufacturer of that product.
Of course, that was not the first cease and desist letter that you received regarding your misuse of intellectual property and claim of affiliation with more famous brands. You’ll also likely recall contact by representatives from New Belgium Brewing and Mothers Against Drunk Driving.
Finally, a defendant in a defamation case is naturally concerned about damages as well. Mr. Acumen would thus subpoena evidence regarding how many subscribers Xtagged had prior to his blog postings, and how many after. In addition, he would seek solid evidence of actual orders placed for your so-called “Buzz/Wiser” drink, and for “Wiser E-Cigarettes.”
Sadly, because your case would unlikely survive a motion to dismiss, it is likely that observers would be deprived of the benefit of the colorful stories that would surely come out of any defamation case that you filed. To give just one example, your “YouTube Complaint” fails to specify the precise statements that you allege to be defamatory. This is cause for dismissal for failure to state a claim.
Were you to attempt to provide adequate specificity, you would likely find that many of the allegedly defamatory statements that you attribute to Mr. Acumen were not actually made by Mr. Acumen. While many of the posts on Mr. Acumen’s UtahRaves.com message board were posted by Mr. Acumen (all of which are identified as having been written by “dacumen”), most were not. Pursuant to Section 230 of the Communications Decency Act of 1996 (“Section 230”), Mr. Acumen cannot be held liable for the postings he did not author. Looking at the remaining posts, I believe that you will find that they constitute either true statements of fact, or statements of rhetorical hyperbole that no one would understand to be literally true and that thus cannot be the basis of a defamation action.[3] And, while you surely contest this, any other message board statements regarding you appear to clearly fall within the boundaries of substantial truth – if not literal truth.
Finally, you should be aware that should you file a lawsuit against Mr. Acumen, and the lawsuit is dismissed before the defendant is required to answer, Section 13-17-201 of the Colorado Revised Statutes provides that you “shall” be liable for Mr. Acumen’s reasonable attorney’s fees in defending the action. Given your meager financial resources, your fellow plaintiffs would most likely be held responsible for this amount.
I remain happy to discuss these issues with your attorney. However, since he cannot be bothered to respond to phone calls or e-mails, I can only assume that he does not, in fact, intend to represent you in this matter. As a result, I would be willing to answer any specific questions that you may have via e-mail, so that we may have a record of the exchange.
Sincerely,
Adam M. Platt, Esq.
[1] I should note that this letter addresses only the substantive defects in the proposed causes of action themselves and ignores the myriad procedural defects and drafting errors. For example, your complaint includes as plaintiffs “WISER E-CIGARETTE, a Colorado Corporation” and “XTAGGED, a Colorado Corporation.” As you must be aware, the Colorado Secretary of State lists no such corporations in its list of businesses licensed to operate within the state. While there is a “Wiser E-Cig, LLC” registered in the name of your mother, Jobita Berriel (registered April 23, 2010), there is not and has never been a business entity of any type registered under the name “Xtagged” within the state of Colorado (nor, I believe, in any other state).
[2] See, e.g., Caine v. Duke Communications Int’l, 24 Media L. Rptr. (BNA) 1187, 1190 (C.D. Cal. 1995) (“The employment of alternative tort labels cannot be used to evade constitutional limitations for defamation actions.”); Beverly Hills Foodland, Inc. v. United Food & Commercial Workers Union, 39 F.3d 191, 196 (8th Cir. 1994) (same, with respect to claim for tortious interference with business relations); Brown & Williamson Tobacco Corp. v. Jacobson, 713 F.2d 262, 273-74 (7th Cir. 1983) (holding that a plaintiff may not make an “end run” around the rules for defamation claims by characterizing the claim as one for tortious interference); Foretich v. Advance Magazine Publishers, Inc., 765 F. Supp. 1099, 1104-06 (D.D.C. 1991) (holding that plaintiff may not, through “creative pleading,” invoke other, non-libel torts as a vehicle for “end-running other requirements of defamation law”); Godbehere v. Phoenix Newspapers, Inc., 162 Ariz. 335, 342-43, 783 P.2d 781, 788-89 (Ariz. 1989) (applying First Amendment limitations to “any tort action relating to free speech”); Blatty v. New York Times, 42 Cal. 3d 1033, 1042-43, 728 P.2d 1177, 1182-83 (Cal. 1986); (same, with regard to tortious interference); Dulgarian v. Stone, 652 N.E.2d 603, 609 (Mass. 1995) (same, with regard to claim under state consumer protection statute); Hoppe v. Hearst Corp., 53 Wash. App. 668, 675-76, 770 P.2d 203, 207-08 (Wash. App. 1989) (same, with regard to claims for intentional and negligent infliction of emotional distress and false light invasion of privacy).
[3] It should also be noted that it appears that you have misunderstood an important point of law: Neither Mr. Acumen, nor anyone else with a website has any obligation to permit a particular person to make postings on his or her website. Moreover, Section 230 expressly provides that website hosts may edit or delete posts that they deem objectionable. That said, while Mr. Acumen has blocked computers at your IP address from posting on the UtahRaves.com message board as a result of your repeated violation of its terms of use, others are permitted to post freely.