As everyone who’s been following this blog knows, years ago three scam victims of Andy Esquivel banded together and filed a complaint alleging that Andy improperly sold them shares in a scam he was running at the time called “Xtagged”. This blog was instrumental in organizing those victims and served as a central distribution point for all evidence against Andy and his accomplices.
We all know the results: Andy plead guilty to two 3rd degree felony counts of securities fraud, spent some time in jail, a little more time in a mental institution, and was eventually ordered to pay his victims back over $13,000 plus interest. The outcome of case #111701135 has been the central theme of this website for years, but there’s a little known side story that everyone (including this author) completely forgot about.
You see, BEFORE the Davis County Prosecutor’s office formally filed charges against Andy, in fact before any of this was even in the hands of the Davis County Prosecutor, it was first handed over to the Utah Department of Securities. That’s right, for those of you who don’t remember, the ORIGIN of this case, immediately after the Bountiful police department, was a state agency specifically charged with enforcing state securities and exchange law.
The Utah Department of Securities (UDS) reviewed the evidence handed over to them by the Bountiful police department very carefully and made a recommendation for prosecution to the Davis County Prosecutor’s office. Before the first hearing was ever held in case #111701135, Andy was required to appear before the Utah Department of Securities and to try to explain why he shouldn’t face disciplinary action by that agency. Andy met with the UDS and along with Allen Brady, made a complete fool of himself. Video and blog posts about that meeting can be found elsewhere on this website.
The UDS proceedings were ultimately put on “hold” pending the outcome of the criminal case against Andy. Everybody forgot about it, including me! I did make note the Utah Raves thread that was the predecessor of this website explaining that UDS would be holding a hearing immediately after the case was resolved to determine what acton (if any) should be taken against Andy, but that was the last time anybody has said or posted anything about those proceedings…until now.
Hold onto your hats and sit down!
Unfortunately for Andy, the Utah Department of Securities DID NOT FORGET ABOUT HIM!!! Just as they informed Andy back in 2011, UDS did in fact hold a hearing immediately after Andy filed his plea deal in Davis County’s 2nd District Court. That hearing was held on March 25th, 2015 @ 9:00am and Andy failed to attend.
On March 25th, UDS Enforcement officer David Hermansen filed a “recommended order on motion for default”, to which the presiding judge responded in the affirmative. On March 26th, that motion was granted and a default order was filed.
What the order states in brief is that (a) Andy Esquivel did in fact knowingly sell “securities”, (b) that those “securities” were fraudulent, and (c) Andy is responsible for the consequences of his actions. The Utah Department of Securities therefore ordered that Andy pay $16,325 in penalties! $3,250 was due immediately, while the remaining $13,000 could be reduced on a dollar-for-dollar basis by proof Andy Esquivel was instructed to provide within 30 days of reparations payments made to his victims. In other words, by April 25th, 2015 (two years and seven months ago), Andy was required to prove that he had payed something to his victims or he would be liable for the full $16,250. Andy never provided any such evidence, because at that time he had in fact not paid a dime in reparations to his victims. Thus, the full judgment currently stands.
In addition to the financial penalties against Andy, he is barred forever from selling securities in Utah or having any dealings whatsoever with licensed securities dealers. That means all the fundraising efforts Andy is currently undertaking for Smiley Heroes are illegal and will very likely get him further disciplinary action by UDS.
Before I wrote this post, I was under the impression that including child support, Andy Esquivel owed approximately $29,291.03 in various judgements and fines for his criminal activity. Now I understand that the actual amount is $45,541.03!
Andy, if you are reading this, do yourself a favor and contact the Utah Department of Securities at (801) 530-6628 immediately to make arrangements to satisfy this judgement. Reference case#SD-11-0033.
I will be updating the total owed on the homepage to reflect this new information. I’m sincerely sorry for not following up on the UDS case against Andy. I don’t know why it slipped my mind. At least we know exactly how deep of a hole Andy managed to dig himself into. At the rate he’s going, it will take him nearly eight (8) years to dig himself back out…good luck!
This is a remote post from the airport so will be brief:
Andy was sentenced today. 90 days in jail with credit for the 200+ days served so far. Andy was ordered to pay $500 in legal fees, $800 fine, and was ordered to pay $13,000 in restitution to his victims!
Andy was sentenced to 36 months probation, during which time he cannot use alcohol or drugs, must submit to random drug and alcohol testing, cannot enter establishments where alcohol is sold (clubs and bars), and must get and keep a job! He must also refrain from all criminal activity.
Andy immediately posted this video claiming that he only took the plea deal to keep Ryion, Kyle and Chris from making billions of dollars by suing Bump.cpm – whatever. Here’s a guy who couldn’t even afford a private defense attorney…how the hell is he supposed to be able to pay someone to help him sue a well funded startup?
Andy Esquivel has plead Guilty to two felony counts of securities fraud! No matter what he says from here out about the “conspiracy” against him, the fact is he’s a criminal, a serial felon, and a crook.
The plea followed over six months in custody including a stint at the Utah State Mental Hospital where after treatment Andy was found competent to stand trial for his crimes. As part of Andy’s plea deal, a single 2nd degree felony count of securities fraud was dropped. Andy remains free on $10,000 bond pending his sentencing on October 7th.
Andy celebrated his release from jail by posting on Diigo and bashing those who have helped see him charged with his crimes. He’s tried to hitch his wagon to Mark Shurtleff and John Swallow by implying that somehow the conspiracy against him is related to their recent indictment. The reality of course is that Andy’s case is in no way related to anything but his own criminal activity and that there is no ‘conspiracy’ against him, only a desire to see him pay for his crimes.
The maximum penalty for each of the two 2nd degree felonies Andy has now confessed to is 5 years in prison. Given Andy’s behavior prior to and during his trial, the victims and the authors of this blog obviously hope that Andy is sentenced to the maximum. He’s certainly proven that he has absolutely no remorse for his actions and will continue his criminal activity as soon as he is free.
I will post the audio from Andy’s competency hearing as soon as it arrives. In the meantime, stay tuned for more psychotic rants from this pathological lying sociopath and the brainless minions who worship him.
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!
Pathological lying sociopath and convicted felon Andy Esquivel, who is representing himself in his own securities fraud trial, has published his witness list for trial. We’re sharing it here to help others understand how crazy Andy really is and to display the full extent of Andy’s criminal activity. The words below are Andy’s with the truth in brackets.
Daryl Acumen: he recommended law firm look at the seven email video Allen fired Daryl from Xtag in 07 to hire his mother Rebecaa Dunn as Xtagged CEO, Daryl then started this conspiracy with Ryion etc. #0069 [The fact is I never worked for Xtagged, so I could never have been fired. That said, I can’t wait to testify against this lunatic and to explain to a jury how crazy he really is…if he’s dumb enough to put me on the stand.]
Jason Webb: Xtag patent/corps attorney he told all Xtagged owners he could only sell securities #0070 [Jason was found to have acted improperly by convincing certain fraud victims that Xtagged was a solid investment. His law firm faced disciplinary action by the Utah Department of Securities for the actions of Webb, which violated securities law.]
Saeed Kermani: started Single & Dating/patent 06 & 07 #0071 [Andy’s old boss at Comcast]
Mehraz Sheikhi: was paid back $10,000 just as Ryion B. was paid back $2,500 through Logan Laws #0072 [One of Andy’s fraud victims]
Logan Laws: Logan & Ryion teamed up for $5,000 & after Logan begged Andy to separate them due to Ryion Butcher being a A—hole these are Logan’s words about Ryion to Shar Jenkins & texts #0073 [One of Andy’s fraud victims, eager to testify against Andy]
Steve Klemark: Wisertechnology.com CIO I have attached his Denver Halo P.D ID Steve Bought Xtagged in 2009 & he made Ryion B. $5,000 money order… Steve stop going with Andy to court in Utah because Steve said prosecutor J.C.Y. & Mr. Holje was conspiring. Steve made two videos… #0074 [Low-level IT guy at the Denver PD who supposedly purchased Xtagged for $24 Million dollars.]
Shar Jenkins: not only paid Logan Laws $2,500 money order he offered everybody buy-outs just as Steve K. did and Allen Brady and many more… #0075 [One of Andy’s brainless minions who pretends to be some sort of marketing guru.]
Kirk Yuhnke: Fox13 now Denver Fox31 my first prime time interview for my invention of car tags I offered Kirk Yuhnke 1% ownership of system Sindy was witness look at attachment file D.I.D #0076 [A Fox News reporter who doesn’t know nor care who Andy Esquivel is.]
Sindy Manzano: worked for Xtagged 06 to present in 05 the Deseret News did story on Sindy Manzano D.I.D file #0077 [Andy’s live-in girlfriend and mother of three of Andy’s six illegitimate children. She lives on welfare because she claims she can’t work due to this blog.]
Trevor Riley: Xtagged Inc Bank manager and helper his email FB attachments are to his attorney #0078 [A random bank clerk who Andy pretends has something to do with this case.]
Allen Brady: Wisertechnology.com CEO I think Allen has told you plenty and gave you his paper work Allen and his family attempted many time to buy-out the plaintiffs they just attacked Allen and his mother… #0079 [Andy’s mindless puppet who is illiterate and an admitted drug addict.]
John Steer: He was second victim at hero’s computers 09 in Bountiful, John can verify conspiracy John also made up paperwork for Ryion Butcher & Taylor he was second in command at Xtagged #0080 [Andy’s cousin and accomplice in most of Andy’s fraudulent schemes.]
Jake House: ran our Bountiful Sushi shop with John Steer Jake is co-owner of Xtag & has exact paperwork as Ryion Butcher and Jake has made video testimony online against Ut plaintiffs #0081 [Another random co-conspirator of Andy’s.]
Jeff Parker: My first partner we bought first system stickers together Jeff has exact paper as Ryion and was at trial Feb, 26, 2013 #0082 [A random guy Andy found to support him at court because everybody else had finally figured out Andy was a fraud.]
Daris Garner: My third partner 06 after Jeff Parker we all worked for Saeed K. at Comcast, Daris has the same paperwork as Ryion B. and was at pretrial Holje would not speak to Daris nor Albright… #0083 [Another Xtagged fraud victim.]
Andre Rawka: John Steer gave Andre 1% ownership free for all the media Dre brought to Xtagged and yes it was the same paperwork as Ryion’s. Dre is now a climbing star in Utah #0084 [Some local rapper who Andy convinced to endorse his various scams for a price.]
Zachary Edwards: John Steer gave 1% ownership to Zac same reason as Dre above Zac can also verify conspiracy attacks on Xtagged.com, Wiser e-cig, Wisertechnology.com, Karmacause.com etc. #0085 [Another Xtagged scam victim.]
Taylor Jones: John Steer gave ownership to Taylor from our Sushi shop in Utah yep same paperwork as plaintiffs. Taylor then brought our attention to Jason Cowdin for Xtagged real estate app, #0086 [Another Xtagged scam victim.]
Jason Cowdin: Taylor Jones got ownership for Jason C. from John Steer & I yep John gave Jason same paperwork as plaintiffs. Jason C. was responsible for big VC meeting one with his mentor that stated “Andy is not about money” then second meeting with Social Sam people. #0087 [Another Xtagged scam victim.]
Brain Davis: Mel & Brian 3% ownership of Xtagged Brian’s with Bountiful Brian Davis paperwork. #0088 [A real-estate investor from Ogden who refused to deal with Andy because Andy was never able to provide evidence that he was a legitimate.]
Chue Berriel: of CEA Property’s Investments llc co-OWNER of Xtagged since 2008 Daryl & Ryion tried to manipulate Chue by contacting her son Edward Gonzales as court has been in progress look at Chue’s statement on LinkedIn #0089 [Andy’s aunt who was scammed out of tens of thousands of dollars. Andy spoofed her identity on LinkedIn to pretend that she wasn’t on the verge of turning him into the police.]
Ladd Quayle: plaintiff Kyle Cluff gave ownership to Ladd Q. you have copy of Kyle’s email to Andy telling Andy to give Ladd ownership of Xtagged here’s Ladd’s latest email April 8 2013 below #0090 [One of Andy’s victims who is eager to testify against him at trial.]
Professor John Richards of B.Y.U: he would not meet until our paperwork & no scam was confirmed Ladd has all emails from Steve klemark because Steve Bought Xtagged Dec of 2009… #0091 [Met with Andy once and saw through his garbage within minutes and refused to meet with him ever again.]
Rebecca Dunn: Xtagged.com C.E.O 2008-2011 I have provided seven emails dating 01-25-08 to 03-02-08 that proves all you have copies of our Xtagged CEO Final warning letter. #0092 [Andy conned Rebecca into thinking she was CEO of his various scams. She eventually realized that Andy was a fraud and turned over piles of evidence against Andy to the courts. She will not be at trial.]
Andrew Couch of Bump.com: #0093 Andrew told all Xtagged workers “We are going to put Andy in prison no matter what” Andrew conspired with Daryl A. & Ryion B. to smear/slander Xtagged and then re-filed patent in May of 2010, Andrew’s & Andy’s 2007 [Principal at Bump.com who has been harassed by Andy for years. Has no interest in Andy or this case.]
Jonathan King: ex-FBI agent I meet with in 2009 plaintiff Kyle Cuff arrange meeting I told him about The smear/slander conspiracy back in 2009 and I gave him 40% ownership of Xtagged… #0094 [iSafe executive who knows better than most how much of a fraud Andy is. The company came very close to suing Andy Esquivel for compromising their name by claiming that his scam was endorsed by them.
Final witness Leonard Martinez & his assistant: Allen Brady and I gave them $2,575.00 in 2010 to pay Plaintiff Chris E… Leonard can also confirm smear/slander conspiracy 2010 through 2013 #0095 [Leonard Martinez dumped Andy Esquivel as a client years ago because he realized that Andy was not only a fraud, but also crazy. Leonard was the first of Andy’s string of lawyers to abandon Andy as a client in disgust.]
Well not really, but in the following email [PDF] from Andy Esquivel to his e-cigarette supplier in China, Andy CLAIMS to have sold Wiser technology to some people with “lots of money” and tries to convince his supplier to reduce the size of his order because the $4,000 he managed to steal and Western Union to China was all he would be able to send. Andy’s supplier responds with a follow-up email [PDF] stating that they will not send any more e-cigarettes until Andy wires the balance owed.
William I sold Wiser technology I am under contract and I cannot talk about it, until my attorney says it’s ok. And the new owners have lots of money you don’t want to lose this account its big just send the difference in e-cigs send half of both batteries any color, NO mint! if you want they don’t care they want to carry both anyway William and they will order from you they are just spooked about giving more cash money. I will make you a deal you send 230 and I personally will western union the rest of money just as I did before with $4.000 I told you in email that they told me not to western union the money and I did anyway of my own personal money.
All of this is an obvious scam. If Andy had really sold Wiser technology (which didn’t legally exist at the time) to a group of people with lots of money’ then why was he having such a hard time coming up with the rest of the cash for the e-cigarettes he ordered…which were the company’s only product? What did Andy do with the money from the supposed sale? If he sold his company, then why didn’t he have enough money to pay his ex for back child support (I’ve already sent a copy of this email to ORS)? Why couldn’t he pay the scammed Utah investors back?
The bottom line is, Andy Esquivel is a very talented liar. It takes a lot of guts to spout nonsense that is so utterly unbelievable and to be able to keep a straight face so that people actually wonder if there’s a shred of truth in what you are saying.
Andy Esquivel LOVES to brag that he’s being followed by hoards of press. Here’s an email [PDF]from his former attorney Leonard Martinez warning him not to talk to any members of the press, particularly Heidi Hemmatt of KDVR Fox 31 in Denver.
We worked with Heidi to set up the interview with Andy because we were sure he was dumb enough to go through with it. We had her call Allen Brady to organize the meeting and Allen (having the IQ of a tape-worm) agreed. Heidi specializes in exposing con-artists and criminals like Andy Esquivel.
Subject: Re: Interview with Heidi
From: Leonard Martinez <email@example.com>
Date: Thu, October 21, 2010 11:30 am
If you are talking about Heidi Hemmat from Fox news, then absolutely NO. He is under
investigation and he is not to talk to anyone especially media!!
As you can see, Leonard was adamant that Andy not talk to the press because at the time he was “under investigation.” Now that Andy has been indicted, that advice goes double, which is probably why Andy fired him. Andy is a sociopath with a huge ego, so he’ll never stop claiming that the press is following him around, but at least we know he once received sound legal advice to avoid them like the plague.
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.
Here’s Andy Esquivel’s latest statement about trial:
I am Back! Hello everyone my name is Andy Esquivel I would like to thank Team Wiser Allen, John, Shar, Leonard etc. as you may have heard by now trial was cancelled again. I will get my day in court no matter how long it takes. I will not take misdemeanors they are trying to force to save themselves from a lawsuit all because Ryion & Daryl lied to the Utah S.E.C!
You hear that Daryl Acumen I will never quit until I see you and your mother Rebecca Dunn take the stand at trial!!!
Earth to Andy – your trial has been postponed, not cancelled. Don’t worry, you’ll get your day in court soon enough. Hey, since you’re so ‘eager’ for your trial to start, why don’t you save the court some time and represent yourself instead of waiting for the new public defender to come up to speed on your case (that would be a load of laughs). Better yet, just plead GUILTY and get it all over with!
As for Rebecca Dunn taking the stand at trial – don’t hold your breath. Personally I would give my left arm to be able to testify against you at trial, but since I’m only peripherally connected to this case, that’s not likely. Maybe you should ask your new attorney to call me to testify though and see how that goes over. “Hey Julie, I want Daryl Acumen to take the stand at my trial…no I’m not crazy…yes I realize he’ll only convince the Jury to put me away for a quarter of a century, but…no I haven’t lost my mind, why do you…but I don’t care if I go to jail, I just want to look good in front of my friends…OF COURSE I HAVE FRIENDS!!!”
Andy is unbelievable, but a load of laughs. Keep posting buddy. Maybe you’ll land a guest spot on Dr. Phil. I hear they have a special program coming up devoted to pathological lying sociopaths with delusions of grandeur.
Over the weekend, Andy Esquivel posted the following on both his Wiser Technology and Karma Cause scam websites.
(911 info) just in from Rebecca Dunn herself, Daryl Acumen called her CRYING: “Please mom don’t let them put me in prison, please I beg you, I’m sorry”
Rebecca: “I warned you in the end Andrew, Ryion & Ladd would blame the [nigger]”
There are several problems with this post, besides the racism which I will deal with last. First of all, I haven’t spoken to my mother in years. We had a major falling out in 2008 when the severity of her mental condition became fully apparent to me, and the schism only deepened when I realized that she was still chasing con-artists like Andy Esquivel at the risk of her own personal safety. My mother has been remotely diagnosed with Borderline Personality disorder (BPD) and her fixation on con-artists like Andy Esquivel is part of her condition. Since my mother refuses to seek treatment, I’ve chosen to cut-off all contact rather than continue a losing battle trying to convince her to seek help.
I did receive the following conciliatory email from my mother in 2011 when she realized that Andy Esquivel had been a fraud all along. I’ve never posted it out of respect for her effort to make amends, but now I feel it’s probably appropriate.
I basically stopped communicating with Andy last year and then realized that I had to expose him. Andy is stating that he is preparing a documentary based on conversations that he has recorded. He does not realize that FCC forbids the recording of conversations without the user’s prior approval. Over the past 18 months, I have sent many emails that I regret and I am certain that Andy is planning on including those and my goal was to beat him to the punch. I was prepared to send this document out early Wednesday morning; but, he just sent me a nasty email and I have no choice but to send it out now.
Daryl, we used to be so close and we have caused each other so much pain. I doubt seriously if I will ever see you again and I wonder if any of this was worth it. Please know that I love you much and I only wish you happiness. I titled the document ‘The World of Blogs and Xtagged.’ This document contains supporting emails and I’ll send it to you in four emails. I hope that some day you will find it in your heart to forgive me.
Good Luck to you and your family.
I love you.
The email was accompanied by a wealth of information in assorted documents which we have posted on our website here. Aside from this brief communication however, my mother and I remain estranged. I do still have her email address, but I do not have my mother’s phone number and wouldn’t’ call her if I did.
The second problem with this post is the fact that it doesn’t make any sense! I’m not the one facing three felony counts of securities fraud and being sued by the Utah Office of Recovery Services for years of back child support on two of my six illegitimate children (Andy gave up his paternal rights to a third after drugs were discovered in the child’s system). I’m not the one who had to plead guilty to digital harassment charges after spending a year stalking me online. Andy Esquivel doesn’t seem to get this, but he’s the only one facing potential jail time right now, not his victims and most certainly not Daryl Acumen.
The last problem I have with Andy’s post is it’s blatant racism. My mother doesn’t use the “N” word, even when attributing it to the sentiments of third parties. She may be mentally ill, but that part of her personality I’m confident has not changed. For Andy Esquivel to be desperate enough to stoop to blatant racism, even after complaining on his various websites about the racism he claims to have been subjected to by the victims of his crimes and the prosecutors holding him responsible for them, is a clear illustration that he has run out of things to say.
I’m 100% confident that Rebecca Dunn has not resumed contact with Andy Esquivel, even to inform him that she no longer wishes to be contacted by him. I know this because I get updates on her condition from a cousin who stays in contact with her. If Andy Esquivel were in contact with my mother, he would know much more about her circumstances that he professes on his various blogs. The fact that Andy has repeatedly blogged that my mother will be testifying at his criminal trial tells me that he has had no contact with her in quite some time. The fact that he continues to claim contact with her in spite of his obvious ignorance of her circumstances is laughable.
Nice try Andy. I have it on good authority that the public defender who’s about to be assigned to your case is going to insist that you accept a plea deal with the state. Maybe you should spend a little less time pretending that you have a case and a little more time looking for a job so you can afford the deal the state is going to offer you. …oh, and you might want to start paying child support while you’re at it.
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 <firstname.lastname@example.org>
Date: Sun, Dec 16, 2012 at 7:29 PM
Subject: Shootings- Steve klemark could have helped!!!
To: Chris Engelbrecht
Cc: Allen Brady <email@example.com>, John Steer <firstname.lastname@example.org>, Marali Madrid <email@example.com>, Arelis Diaz <firstname.lastname@example.org>, Rick Barber <email@example.com>, Eduardo Blancas <firstname.lastname@example.org>, Cynthia Bagué <email@example.com>, Don Bain <firstname.lastname@example.org>, Chue Berriel <ChueBerriel@yahoo.com>, Cheryl Lucero <Luceroc01@aol.com>
Andres Esquivel has sent you a message.
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