Posted on October 2, 2017 in Uncategorized
I am ashamed to admit it, but I completely dropped the ball on this one.
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.
Recommended Order on Motion for Default [PDF]
Order on Motion for Default [PDF]
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!
Posted on February 26, 2013 in Andy Esquivel's Scams Andy's Videos Karma Cause Wiser E-Cigarettes Wiser Eyes Wiser Technology Xtagged
I was surfing the web today and I stumbled across a series of exceptionally well made Andy Esquivel fan videos that I think you will all enjoy! In case you lose the link to this post, a permanent link to these videos is now included in the fan videos section under videos in the main navigation above.
Posted on January 25, 2013 in Andy's Videos Karma Cause Wiser Eyes
While shuffling through old videos, I found one I’d almost forgotten about. It’s Andy’s King Christ video in which he talks about his new religious movement and it’s associated charities.
This video is especially educational because Andy touches on so many of his numerous scams. He briefly touches on his e-cigarette and then brags that 50% of the proceeds are going to his fake Karma Cause charity. He also brags that used e-cigarettes sold through his now defunct Wiser E-Cig company would be refurbished and donated to homeless shelters (because they’re all just dying to get their hands on more e-cigarettes).
Next Andy talks about his fake Wiser Eyes HD sunglasses, which are actually MyVu Solo EV video glasses and are of course not actually HD at all. I think it’s hilarious how Andy thinks a weak photo-paint job on the MyVu solo product image can fool people, but whatever. He goes on to mention that the sunglasses are 1080p, which of course the MyVu’s are not. The irony is that Andy can’t even afford to buy a pair of MyVu’s to show off in this video – he has to rely on images swiped from eBay.
Andy goes on a rant about how he’s going to personally rebuild Solomon’s temple (and Herrod’s temple because he apparently doesn’t know the difference) and allow people to walk through the temple in HD with the Wiser Eyes Sunglasses so the temples will “never be torn down again.” The funny thing about this of course is that the movement is called “King Christ” and one of the main teachings of Christ is that we don’t need to go to a physical temple to worship God because God lives in all of us – even pathological lying sociopaths with felony records like Andy.
Finally Andy rounds out his rant by bragging about the Chimera phone, which of course never materialized, and how it along with Andy’s other fake companies, bogus charities and imaginary technologies is going to change the world. At the top of the video you can see that all these world changing, beginning with the launch of the Wiser Eyes Temple, were supposed to have happened last December 21st. The Karma Cause website also mentions the magical December 21st date and claims to kick off the world change campaign with a million dollar donation to humanity (from a guy who can’t even afford to pay his back child support).
I wish Andy would give us an update on all his fake charities and how many people they’ve saved. Maybe he can preach to us from the witness box at his own fraud trial – I’m sure that will impress the judge and the jury. Hey Andy, if you’re reading this (and I know you are) don’t forget to have your lawyer tell everybody how many lives you could save if they just ignored all the money you stole and let you go free.
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…
Posted on February 7, 2012 in Andy Esquivel's Scams Wiser Eyes
Just to illustrate how the Wiser con works, here’s an image of a pair of MYVU Solo EV video glasses (top image) and an image from the Wiser technology website of the Wiser Eyes HD video glasses Andy pretends to manufacture. Notice the uncanny resemblance between the to!
Only an idiot could look at these two images and take Andy Esquivel seriously. Aside from the obvious Photoshop work on Image #2, it is clearly the same photo. No wonder Andy is on trial for fraud!
Notice what a terrible job Andy did blocking the “MYVU SOLO PLUS EV” label from the black space above the glasses? You can still see the black box he drew to cover it up…pathetic!