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  1. #1
    Join Date
    Sep 2010

    Xtagged.com - Andy Esquivel charged with Fraud!

    There's a pathological lying sociopath out there named Andy Esquivel who's created a string of fake websites to scam people out of tens of thousands of dollars. The scams have been going on for some time, but the law is finally catching up with this thief and his brainless minions.

    Last week the Davis County Prosecutor formally charged Andres "Andy" Esquivel with three felony counts of securities fraud (State Case #111701135)! The first two third degree felony counts carry a maximum jail sentence of 5 years per count. The third count, a second degree felony, carries a maximum sentence of 15 years in prison.

    Andy claims to have sold "Xtagged.com" to a company called Bump.com (official spokespeople of which say they've never even heard of Andy Esquivel) for "hundreds of millions of dollars." This lie and others keep new suckers coming and throwing money into other bogus projects like Karma Cause, Xooplay, Wiser Car Covers, and the Wiser Pad (an iPad competitor that looks strangely similar to a Samsung Galaxy).

    This nutcase won't be on the streets much longer (thank God) but if you come across one of his websites or wacky YouTube videos, run for the hills!

    Note: Andy claims to be suing Google and has a Twitter page called "DieGoogleDie," but continues to use YoyTube as his primary method of promotion. he's obviously unaware that Google owns YouTube, which gives you an idea of how smart he is.

  2. #2
    Join Date
    Aug 2011

    Re: Xtagged.com - Andy Esquivel charged with Fraud

    Daryl Acumen, Andy does not own Xooplay... Shar Jenkins and his Father along with Key Harper and Wiser Technology do. Cease and desist now our attorneys will contact you soon. XOOPLAY

    Daryl post that this crime is FELONY! $1,000 Bail in not felony

    Daryl post Xooplay will put your name, address blah, blah, blah

    XooPlay S.T.D ALERT SITE!!!
    It's not our goal to expose peoples STD! It is our goal to make them aware that they never pass their S.t.d or they will end up on our list!
    20 Jul

    Daryl lies @ XOOPLAY because his HERPES gave us the idea...

    Steve Klemark, Allen Brady, John Steer and myself Shar Jenkins will have our day in court soon;


    And here below is some truth about harassment lie that Daryl manipulated to the American Fork police. Daryl's email's to Andy;

    ---------- Forwarded message ----------
    From: Daryl Acumen
    Date: Thu, May 20, 2010 at 8:53 AM
    Subject: RE: My name is Zeb!
    To: "[email protected]"

    Dear jackass, you don't ing HAVE a son!!!

    Daryl Acumen
    Admin / Owner

    Regional Manager
    Napkin Nights, Salt Lake City

    -------- Original Message --------
    Subject: Re: My name is Zeb!
    From: "[email protected]"
    Date: Wed, May 19, 2010 1:03 pm
    To: "Daryl Acumen"

    DON'T WORRY ABOUT WHAT WE REG, I told zeb not waste his time you hater look I got some ideas for u partyutah e cig partyutah ****** drink how desperate do I have to make u look DDD stop calling Allen too he don't want to here you sniffel anymore and daryl you don't have to email me I am here in slc you need anything come down to office
    Sent from my HTC on the Now Network from Sprint!

    ----- Reply message -----
    From: "Daryl Acumen"
    Date: Wed, May 19, 2010 12:32 PM

    Subject: My name is Zeb!
    To: "GOTINFO"

    Cc: ,


    Cute link. ** the way, when are you guys going to register the names "Wiser Electronic Cigarette, inc." and "Wiser LLC" with the Colorado Secretary of State? Usually it's a good idea to start a company before you announce it's acquiring or being acquired ** another. You do know it's a crime in Colorado to impersonate a private investigator, right? Did you guys ever comply with that cease and desist letter from New Belgium Brewing? Was Allan able to help you dial that number for the SEC? While you're waiting to get in touch with Solomon, here's the case number for the Federal Trade Commission: [26458904]. How are those donations to MADD working out for you guys?

    I'm wide awake...are you?

    -------- Original Message --------
    Subject: My name is Zeb!
    From: GOTINFO
    Date: Wed, May 19, 2010 12:10 pm
    To: Daryl Acumen
    Cc: [email protected], [email protected]

    We all had made a joke saying that you guys would be our Ginny pigs to shown how xtagged is needed, my name is ZEB here is link to our attorney and phone numbers do not email me again (oh i forgot you don't know my email or due youuuuuu!(HINT) your going to wake up to a nightmare trust me link below

    https://who.godaddy.com/WhoIs. aspx?prog_id=GoDaddy&domain= WISERECIGARETTE.COM

    Private Investigator
    [email protected] www.Xtagged.com (GOTINFO)
    Last edited by Xooplay; 08-13-2011 at 02:12 PM.

  3. #3
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud

    First of all, there is no "Zed." The email you attached to your post is an example of Andy Esquivel (who invented Xooplay but hides behind a couple of brainless friends of his including Shar Jenkins, Steve Klemark, Alan Brady and his cousin John Steer) impersonating a private investigator...which is a serious crime in Colorado.

    Second, bail amounts don't determine whether a crime is a felony or not, the seriousness of the crime does. Andy's harassment charges escalated to a felony when he started making threatening phone calls to me and to my family AFTER an American Fork Police detective called him and his lawyer and EXPLICITLY told them to leave us alone.

    Third, Shar Jenkins is a dorky little nobody who fancies himself a "marketing expert" and who refers to his "daddy" (supposedly some guy with all sorts of ties to Hollywood...whatever) every time anybody doubts his legitimacy. His performance as "Wiserman" in Andy Esquivel's Wiser E-Cigarette ads makes it clear how seriously he is to be taken.


    Fourth, if you ACTUALLY HAD an attorney, they would tell you that it is blatantly slanderous to post on a message board (as you morons repeatedly do) that I have some sort of STD. Have fun with that and we'll see how far it gets you.

    Fifth, Wiser Technology is a blatant scam (as clearly demonstrated in this Scam.com thread: http://scam.com/showthread.php?t=131863) and it's proprietor is currently awaiting trial for three felony counts of securities fraud. The company didn't even legally exist until members of this website pointed out here that you'd never bothered to register it with the Colorado Secretary of State and somebody in haste went out and paid the $50 bucks to do so.

    Finally take your posted "cease and desist" threats and shove them up your ass! My attorney sent you all a lengthy brief several months ago explaining Colorado's free speech laws to you and never got a response from your imaginary 'legal team.' If any of you have any sense, you will stop wasting your time posting hollow threats here and will gather your pennies together so you can defend your leader Andy Esquivel in court on the 24th. Good luck with that, ** the way!

    Here's an email from Allen Brady's mother which sheds light on the legitimacy of Xtagged.com and Andy Esquivel:

    From: Georgia Brady [email protected]
    Date: Fri, 9 Apr 2010 11:38:20 -0700 (PDT)
    To: [email protected], [email protected], [email protected]
    Subject: 10% ownership of Xtagged

    April 9, 2010

    To Whom It May Concern:

    Last week, Andy set up a meeting with me, our lawyer and Steven K. McCormic
    for yesterday in Sandy, Utah at 11:00 a.m. As usual, he didn't keep his
    commitment and is still jerking us around.

    What is it going to take to get all of you to understand that Allen and I
    have the right as part owners of Xtagged to know who all the new owners
    are, the name and contact information of your lawyer so we can send the
    proper paper work to him that will show we legally own part of Xtagged? I
    know that Andy is blocking our every efforts so you don't find out what a
    liar he is. Like it or not, Andy has committed fraud and if you continue
    to protect him, you will be part of his fraud game and guilty **
    association according to the law.

    Now, we can get this information peacefully and professionally or we can
    get it the hard way. Your choice. If I don't get this information for my
    lawyer within the next 24 hours, Andy and Xtagged plus everyone
    associated with him will be turned over to the Federal Division of
    Securities for fraudulent activities Monday morning. Andy has done
    fraudulent business in 5 or 6 states, making it a Federal offense. Not
    only will they get our information for us but Andy will end up in prison

    So, do we do this peacefully and professionally or the hard way? Your
    choice - 24 Hours!

    Please email the information to Georgia. Thank you.

    Georgia Brady
    [email protected]
    Last edited by utahraves; 08-15-2011 at 08:07 AM.

  4. #4
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud

    Next Wednesday Andy the con-artist will be appearing in court on 3 fraud charges for the people he has scammed here in Utah. More of Andys victims are coming forward so I'm sure more charges will come. See you in court.:judges:

  5. #5
    Join Date
    Sep 2010

    Thanks! Beckie, for coming forward.

    Rebecca Dunn Co-founder of WiserTechnology.com @ KarmaCause.org and EX-CEO of Xtagged.com has stepped down after learning of all the lies and drug use of Andy. The funny thing they still have her picture up on there site and her blogs. She has provided a mountain of evidance proving what a scam Andy and his companys really are.

  6. #6
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud

    Yes, and here's just one striking example!

    from: rebecca dunn
    to: Steve klemark

    date: Fri, Jul 1, 2011 at 11:18 AM
    subject: Are you aware of this?

    Hi Steve,

    I apologize for emailing this to you at work; however, I’ve never been successful in getting responses from your other email. I think that you are aware that since last September, I have limited my dealings with Andy. I cut off relationship again with him I think in October or November when I realized that he was consuming high levels of marijuana. Each time I cut off any relationship with him, he finds a way to creep back into my life. I have maintained a detailed record of all documentation relating to Andy; this was done for several reasons. I had been scammed previously and did not want to travel that route again. That’s why when you asked me last spring to come aboard, I asked if you had seen any sign of drug abuse or any sign of Andy being a scam. The second reason is that Andy asked me to maintain a record because he felt that his life would make a good book or movie.

    The reason that I suspected Andy of being a scam is because he harnessed the same traits as the person that scammed me before. For example, he only uses first names of people; he makes a point of isolating the various players to ensure they do not speak to each other; and scam artists become extremely agitated when they feel one is getting close to figuring them out. Steve, it took me a while to believe that you were real and it was quite obvious to me in the beginning that the emails that I was copied in on initially were not from you. Since I had not seen any of your writing, it wasn’t until much later that I realized that the emails were not written ** you. After further investigation, I realized that many of the items that I had written about and placed in the document that I created in WIX were not legitimate. The concepts sounded good; however, I haven’t seen any finished products. I really became concerned last fall when Andy slowly tried to come back into my life.

    I think that it was in November that I decided to throw Andy a carrot and he took it. I sent him a link about violence that was occurring in Mexico. A few days later, I was copied in on an email that Andy sent to Leonard stating that he was in the same town that appeared in the link in Mexico to see how he could help. Initially, he contacted me stating that he was on vacation in New Mexico with his mom and her finance. Suddenly, the trip became a dry run for the new car cover that he had been testing. Then I began getting calls from Andy stating that the testing was going well, that they had been in hell storms, they had to tow the Mustang and a bunch of other lies. Suddenly, I received a photograph of a picture that was supposed to have been taken at a Wendy’s and it was quite obvious that the photograph was taken in the United States and the car cover was probably downloaded from the Internet.

    Andy really became annoyed with me for not participating in a meeting with Leonard, Andy’s Mom and Shar. I had considered calling into the meeting; initially, I did most of the communicating with Leonard regarding the bloggers. Leonard warned Andy early on to stop blogging and I explained to Andy (based on conversation with Leonard) that Leonard would have to defend Andy’s character in front of a judge and we both urged Andy to stop blogging. Unfortunately, I could never get this through his head. When I found out that he had made up Zeb the investigator, the homeless person, and Gary the busman (that he referred to as Gary Thebus), there was no way I would allow myself to appear in court unless I was willing to perjure myself.

    In reviewing my email over the past few weeks, I thought that I had carefully gone through all of the messages. I then decided to review all of the messages in the sent file. In doing so, there were messages sent to an Adam (I don’t know who this is); a John (I guess this is Daryl’s old boss from Omniture whom I may have met when I visited Daryl’s office), Mitch Thrower, and someone from Bump. I never drafted, approved of, nor did I send these emails. This was my first time seeing these. This is not my writing style nor would I have ever sent out something so sloppy. In one email, he pretends that he is asking for my advice and then I answer it in another email. Steve, this is not me. There was also an email in my ‘Sent’ file that I sent to the ‘Wiserman.’ I did not send this as well. I saw another message from Cory that Andy had sent. The other thing that was alarming was a message pretending to be written ** Daryl on Scam.com. I know Daryl’s handwriting and this blog definitely was not written ** Daryl; it was obviously written ** Andy. I shall send these to you in separate emails.

    Andy has always made a point of telling me that he only keeps you around because he needs a ‘White Boy.’ I am beginning to see other young men enter into his camp and I would not want anyone to get involved with Andy. Are you aware that John’s bother and his friend from Social Fuel are only eighteen years of age and were still in high school? These are nice young men and so is Dustin. I hope that you agree that they need to be protected.

    As for Andy, I am not concerned about the video and I do hope that he and John Steer (if John is involved) know that it is illegal to tape someone without their permission. I can and probably will bring legal charges against Andy with the FCC as he openly admitted to recording our conversation. I already have the forms. I also have an email where he illegally recorded the person from Bump. If he indeed taped the entire conversation of the two of us, it is definitely more damaging to him than to me unless he altered them. I am now getting messages at home from someone pretending to be a collection agency. The messages don’t mention me ** name; however, I know that it is Andy because it is the same 800 number as Wiser Technology.

    If you would like to discuss further, I can be reached at home today and possibly tomorrow. My number is 252-XXX-XXXX.



  7. 09-29-2011, 06:34 AM

  8. #7
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud

    The victims of this scam have created a new blog to keep track of the case. The new blog can be reached at http://www.xtagged.co

    for updates on the fraud case, go to http://www.xtagged.co/files/cases/11...01135-case.pdf
    Last edited by utahraves; 12-08-2011 at 09:12 AM.

  9. #8
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud

    New domain for the Xtagged blog (the first one was sort-of a joke). You can now go to http://www.xtagged.co for more information about Andy Esquivel's scams.

  10. #9
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud

    Audio transcripts of Andy Esquivel's securities fraud hearign are now available online:



  11. #10
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud!

    A trial date has finally been set in the felony securities fraud case of Andy Esquivel, who is the subject of this thread. The trial will commence on October 24th at 8am. For details, click here: http://xtagged.co/trial-date-set-in-fraud-case/

  12. #11
    Join Date
    Jan 2007
    Stow, OH SOL III

    Re: Xtagged.com - Andy Esquivel charged with Fraud!

    I, for one, have been keeping a tab on this and have been reading the updates.

    Not financially involved in any way. I just find it to be interesting reading. :spin2:

    Personally, I'm still waiting for my own court summons. LoL.
    Ignorance more frequently begets confidence than does knowledge: it is those who know little, and not those who know much, who so positively assert that this or that problem will never be solved by science. -C. Darwin

  13. #12
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud!

    The official pre-trial hearing transcript is now available for review here http://xtagged.co/official-pretrial-...now-available/

  14. #13
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud!

    Here's Andy's latest post about this thread:

    Ryion & Daryl fooled Utahns & SEC with fake SCAM.COM profile they created, Rebecca creates SCAM.COM2 to prove how they did it these two screenshots & video prove Ryion, Daryl & co-conspirators will go to prison - YouTube
    Note date 10/24/2010 as Ryion slanders Xtagged, Wisertechnology.com & Allen Brady, Allen pretended to be racist with Ryion to protect his companies Xtagged & Wiser Tech. Ryion remember Jeff Nickolas from high school he remembers you!
    Meanwhile, the last pre-trial hearing has come and gone and Andy will face trial for securities fraud on February 27th. Details are as usual found in the official case transcript here - http://xtagged.co/files/cases/111701...01135-case.pdf

  15. #14
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud!

    Well, a lot has happened in a year!

    In a nutshell, Andy Esquivel is currently in jail. Late last year he finally decided to take on a new public defender (after the last one quit in disgust and it became clear he couldn't handle the case himself). The new requested an evaluation by two psychiatrists to determine whether Andy was mentally competent to stand trial. Andy met with one, but failed to see another, so the Judge ordered Andy held without bail until he completed that evaluation.

    Audio of January 7th hearing: http://xtagged.co/files/esquivel_insane.m4a

    On February 11th, the court revealed that the second psychiatrist had count Andy mentally incompetent to stand trial because he suffers from severe delusions (including that he's an inventor, legitimate business-man, and that there's a conspiracy against him...you know, all the crap he posted on here). The court then ordered Andy "held for restoration" (of sanity) until further notice. A competency review was set for August to determine whether Andy is sane yet, or requires continued treatment. Andy was committed to the Utah State Mental Hospital for treatment.

    Audio from February 11th hearing: http://xtagged.co/files/021114_hearing.mp3

    So in a nutshell, Andy Esquivel has been incarcerated at Davis County Jail since January. he will remain in custody indefinitely unless he can convince a psychiatrist that he's been cured of the various delusions that caused him to steal thousands of dollars form investors and post various psychotic rants on this forum. Once he admits that he was insane and comes to terms with his insanity, the case will resume and he will stand trial for three felony counts of securities fraud. The minimum sentence for those charges is a year in prison, with a maximum of 25 years total.

    Andy is off the streets and the courts have confirmed what we always knew - the guy is nuts! Now all that remains is for the courts to order restitution for his victims so we can all move on with our lives. :-)

    For the latest updates, visit us at http://xtagged.co

  16. #15
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud!

    Andy Esquivel was convicted of two felony counts of securities fraud on October 7th. Here's his guilty plea statement for the record:

    "During the period of time from March 2008 through April 2009, I operated a business known as Xtagged. I represented Xtagged was an Internet based business in which the user created an online profile for meeting & dating. During that period of time I met with 3 individuals. At various meetings, I represented that Xtagged was a registered LLC, that Xtagged was patented & the Dept. of Motor Vehicles had authorized Xtagged to communicate and access their databases. That MySpace, Michael Jackson & Google were interested in purchasing Xtagged & that in near future Xtagged would become a public corporation.

    Based upon my representations, these individuals purchased ‘stock’ in Xtagged. They did not receive any return on their investment as promised and I failed to return their investment when asked. A records search showed Xtagged was never registered in the state of Utah and no patents held in it’s name. The DMV was contacted and they never gave permission for Xtagged to access their database. No evidence exists that any offer to purchase Xtagged was made or that it ever went public." – Andres Esquivel (8/19/2014)

  17. #16
    Join Date
    Sep 2010

    Re: Xtagged.com - Andy Esquivel charged with Fraud!

    Andy Esquivel is currently paying reparations to his fraud victims in the amount of $500/mo. His probation was revoked and is now being handled directly by the court, so Andy cannot miss a payment or he will be sent to jail. Furthermore, the Utah Department of Securities completed its investigation of Xtagged and found that Andy did in fact violate securities law and commit fraud. The UDS fined Andy $16,250 on top of the reparations and fines he needs to pay in his criminal fraud case.

    In total, Andy has been ordered to pay $45,541.03 to his victims and various state agencies. His tax returns are being appropriated and his wages garnished. The last word here is that justice was served, in no small part because of threads like this one on Scam.com!

    Note: Andy's accomplices don't post online anymore. Steve Klemark, Shar Jenkins, Allen Brady, etc. have all vanished. Only Andy Esquivel is left to mop up this mess from this scam.

    Utah Department of Securities Order: http://xtagged.co/files/cases/sd-11-0033/11003310.pdf
    September 26th court hearing: http://xtagged.co/files/cases/111701...5-20170926.mp3
    Probation violation report: http://xtagged.co/files/cases/111701...ons_report.pdf
    Conviction: http://www.xtagged.co/files/cases/11...1135-final.pdf

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