Andy Esquivel gets tough on the court!  On April 10th, Andy posted the following on his Diigo blog:
04/08/2013 Ladd Q. (6924 read) – karmacause@ymail.com – WHY are the plaintiffs paperwork called securities but not Ladd’s, Allen’s, Jeff’s, etc. all true Xtagged owners want this fake securities case dropped A.S.A.P!
As you can see, Andy is mad!  He wants to know why Ladd Quayle’s Xtagged paperwork isn’t referred to as a “security” while the Ryion, Chris and Kyle’s paperwork is.  That is a very good question, and it’s probably something Andy can ask the court on May 14th at his pre-trial hearing.  If Andy is forceful enough about this apparent discrepancy  he might actually be able to convince the judge to throw the case out prior to the June 12th trial date.  Andy might even consider presenting the judge with Allen Brady’s paperwork, as well as paperwork for the shares sold to his cousins and aunt to bolster his case.  If the court is so convinced that Ryion, Kyle and Chris’ paperwork all constitute ‘securities’, then you would think the Utah courts would have said something about the paperwork of those other Xtagged owners as well.  I’m sure there’s a valid reason why only the paperwork for these three defendants was considered when bringing securities fraud charges against Andy, but he has a right to know what those reasons were.
Good luck Andy!  Maybe you should consider writing a letter to the court to expedite the process.  You’ll have to include all the subject paperwork as to add weight to your case for a dismissal, but at least you won’t have to wait until May 14th for a decision.
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  • Update… The three victims that wee the inspiration for this blog have all been paid back in full. I’ve confirmed that they all received their restitution checks in...

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