Documentary Evidence of Non-Performance, Reversals and Evasion.
The written commitments and the conduct that followed.
The record traces an engagement that failed, a refund acknowledged but never paid, and recovery efforts frustrated by shifting explanations, imposed conditions and silence. The documents and dated sequence provide the basis for the publisher’s assessment of sustained bad faith.
Principal subject, engagement, contractual obligations and documented conduct
Principal subject
Mr Shirona Gunawardhana — President of Market Kinetics LLC; Managing Member and Strategist of CONTACTANT Capital LLC. Based in Fort Wayne, Indiana.
Other individuals
Mr Courtney Olujobi — Project Lead, Market Kinetics LLC; Managing Partner, CONTACTANT Capital LLC. Mr Samuel Muzaliwa — listed as a managing member of Market Kinetics in Nevada filings; no conduct is alleged against him.
Corporate entities
Market Kinetics LLC: Nevada entity recorded as revoked. Successor and associated entities: CONTACTANT Capital LLC and CONTACTANT Capital Partners LLC, formed in Delaware on 4 and 7 March 2024 respectively while the refund remained outstanding. View the corporate records and connections.
Engagement
Service Agreement dated 22 June 2023. The original 12–14 week timeframe was extended to 31 December 2023, taking the engagement to over 26 weeks. No funding was secured and no substantive contractual milestones were achieved.
Amount paid
Mr Shirona Gunawardhana collected US$65,500 through Market Kinetics by international wire transfer in June–July 2023: US$61,000 in service fees and a US$4,500 non-refundable filing fee.
Contractual refund obligation
US$61,000 was contractually due for refund under Clauses 2ix(b) and 5(c), and the obligation was repeatedly acknowledged in writing. The 15 March, 15 June, 5 July and 19 July 2024 deadlines passed without payment. US$0 refunded; US$61,000 remains outstanding.Read the contractual provisions.
Documented conduct
Repeated assurances and extensions without contractual delivery.
Responsibility transferred without the required written amendment; management changes invoked to distance the principals from earlier commitments.
Refund commitments reaffirmed, then reversed; successive payment deadlines ignored.
Individual claims separated from the collective obligation; invoices routed through imposed personal and postal channels.
Recovery instructions complied with, repayment withheld and the introducing party blocked. All communication ceased.
Recovery and related account
Australian and US legal demands issued in October 2024 and March 2025 were ignored. An independent professional contact separately reported materially similar abandoned commitments in an unrelated matter. Read the recovery account · Read the separate professional account.
Evidence base
Executed agreements, payment records, email and private correspondence, recorded communications, official corporate filings and formal legal letters. View the exhibit index.
The contractual duties Mr Gunawardhana and Market Kinetics failed to fulfil.
Details
Fee structure
US$61,000 in service fees + US$4,500 non-refundable filing fee (Total: US$65,500)
Timeline
12–14 weeks from project start
Clause 2ix(b)
Full refund if Market Kinetics fails to raise the specified amount
Clause 5(c)
"If Market Kinetics is unable to raise funds… MK agrees to refunding all fees… with the exception of filing fees"
Section 14
All amendments must be in writing
Section 6
Market Kinetics bears full legal and financial responsibility
Section 20
"It is with trust and good faith that we enter into this legal business agreement"
Other unfulfilled covenants
"The parties agree to be mutually and truthfully bound by the terms set forth in this Agreement" · "maintain truthful and timely communication" · "conduct the fundraising" · "Maintain transparency throughout the project"
03 / Part one
Part One: The Refund Sequence
January–July 2024. An acknowledged refund, revised explanations, reaffirmation, reversal and repeated default.
January 2024
Refund Commitment
Following termination on 6 January 2024, Mr Olujobi acknowledged the failed timeframe and committed Market Kinetics to refund US$61,000 by 15 March. The promise was explicit; the deadline was broken.
To the extent that we did not meet the agreed-upon timeline, we will honor our refund clause as requested. We will refund USD$61K below by March 15th 2024. Thank you for the opportunity and we will communicate as needed until then.
— Mr Courtney Olujobi, Market Kinetics
Exhibit A — termination notice of 6 January 2024 and the reply of 7 January 2024.
March 2024
False Management Transition Claim and Revised Refund Timeline
Market Kinetics claimed new management and ownership, said Mr Olujobi had departed and described Mr Gunawardhana’s role as “limited advisory”. It dismissed 15 March as an error and substituted 15 June, without disputing the refund obligation.
The same correspondence said Mr Gunawardhana requested expedited repayment, contradicting the attempt to distance him from the matter. No formal management change was disclosed; the preserved Nevada record later showed revocation.
March–June emails signed “Brittney” came from [email protected]. Retained metadata indicates infrastructure shared with Mr Gunawardhana’s correspondence; this supports scrutiny of the explanation but does not alone establish the email author.
A New Funding Proposition While the Existing Refund Remained Unpaid
In May 2024, Market Kinetics claimed two interested funding groups and offered an introduction to “Matt”, whose CONTACTANT connection is inferred. The client declined. A proposed new engagement did not discharge the existing refund obligation.
May 2024
The Obligation Expressly Reaffirmed
On 27 May, Market Kinetics expressly reaffirmed the refund and again identified Mr Gunawardhana as involved in expediting it.
Just to be clear we have not refused to refund what you have paid us. A member who is no longer with us made an error not looking at the contract. Mr Gunawardhana wanted us to expedite the refund and we will abide by the agreement.
Nineteen days later, Market Kinetics reversed its position, blamed the client’s communication and refused to expedite repayment. It disputed neither the amount nor the obligation and supplied no particulars substantiating its accusation of bad faith.
The email instructed: “You can wait until we refund you the amount of US$61,000.00 or have your attorney write to us to go into arbitration” and demanded: “Please don’t send us anymore email replies or negotiations.”
Upon receiving this email we had an internal discussion and we decided not to expedite because our management does not believe your communication is in good faith. After carefully examining all email correspondence we concluded your side has always blamed Market Kinetics and never taken accountability on your behalf.
The 5 and 19 July deadlines passed without payment or transfer confirmation. The latter extension was granted at Mr Gunawardhana’s own request. Further accommodation again secured nothing.
04 / Part two
Part Two: How Recovery Was Resisted
August 2024–March 2025. Recovery discouraged, claimants separated, instructions followed; all communication ceased.
August 2024
Strategic Resistance Regarding Legal Recovery and Direct Evasion
Mr Gunawardhana invoked purported new leadership linked to BlackRock, Vanguard and State Street who could “just litigate and delay the process spending more than what is owed.” The prospect of expensive resistance was put to a person seeking an acknowledged refund.
$100K is not much for them to spend on legal… former BlackRock, Vanguard and State Street or affiliated power players.
— Mr Shirona Gunawardhana, LinkedIn
August 2024
Invoice Routing and Creditor Separation
Mr Gunawardhana required invoices in the introducing party’s personal name, delivery to a Fort Wayne address and printed-mail communication. The process addressed only that individual’s contribution, disregarding the larger sums contributed through the client entity. Even this restricted route produced no payment.
Make the invoice from you not [the company you represent]. Please follow the instructions… Keep our communications via printed mail.
— Mr Shirona Gunawardhana, messaging platform
August–October 2024
Compliance, Silence and Blocking
The introducing party complied fully: invoices were reformatted, correspondence restricted to postal channels and hardcopies dispatched at personal expense. No repayment followed. After a final appeal concerning personal savings, Mr Gunawardhana blocked the individual. The person who had vouched for him was left unpaid and without a functioning channel for resolution.
You going silent is so frustrating… This is a huge part of my life savings though it maybe small in the US context and it hurts so much. Please can you settle as promised?
— Introducing party, final message before blocking
2024–2025
Evasion of Arbitration and Formal Legal Demand Processes
Market Kinetics directed the client to have an attorney write regarding arbitration. A September demand was redirected to its “Legal Department” after Mr Olujobi disclaimed ownership. When Australian and US counsel issued formal demands, those demands were ignored. All communication ceased. Invoking legal process became another means of avoiding resolution.
05 / Part three
Part Three: A Pattern Beyond This Engagement
The introducing party’s experience and an independent account of comparable abandoned promises.
Related conduct
Conduct Extending to Other Parties
The introducing party’s personal contribution, compliance and subsequent blocking extend this record beyond company-to-company correspondence. Their recovery experience is documented above.
March 2026
A Separate Account of Abandoned Commercial Promises
A professional contact with direct prior dealings reported materially similar abandoned commitments in an unrelated commercial matter. This is a separate account, not proof of every assertion in this engagement; it raises a serious concern that the conduct was not isolated.
To be fully transparent, he has done something similar to us and abandoned his promises. He has not fulfilled his promises from another business pursuit. It is sad. He has proven himself to be untrustworthy.
— Independent professional contact
Exhibit D — written account from an independent professional contact. Source identity protected.
Formal demand letters were issued through legal counsel in two independent jurisdictions. Both letters were entirely ignored by Market Kinetics LLC and Mr Gunawardhana. All communication ceased.
Australian Legal Demand
October 2024
We are instructed that you are indebted to [our client] in the amount of US$61,000, pursuant to the agreement dated 22 June 2023 wherein Market Kinetics LLC was engaged to raise funds for our client’s project within a stipulated period of 12-14 weeks.
— Australian Legal Counsel, October 2024
If the total outstanding amount of US$61,000 is not paid within 7 days of the date of this letter, we are instructed to commence legal proceedings without further notice to you.
— Australian Legal Counsel, October 2024
United States Legal Demand
March 2025
Market Kinetics has acknowledged and admitted on multiple occasions that it owes [our client] a refund of Sixty-One Thousand Dollars ($61,000). Despite such admissions, Market Kinetics has failed to issue the Refund.
— US Legal Counsel, March 2025
[Our client] has become increasingly concerned about the legitimacy of your business and this transaction. Market Kinetics and its principals do not appear to have the requisite broker/dealer registrations and licenses to provide the services offered under the Agreement, which not only potentially subjects Market Kinetics to further liability, but may also subject the individuals involved to liability in their individual capacities.
— US Legal Counsel, March 2025
We have also learned of other entities that appear to share identical ownership and websites and offer the same services without the proper registrations and licenses, which heightens the concerns expressed herein.
— US Legal Counsel, March 2025
Both demands were ignored.
07 / June 2023–March 2026
Chronological Timeline of Events
All events referenced are fully substantiated by preserved and independently verifiable documentary evidence. Events marked in red record a deadline missed, a request refused or a demand ignored.
View the detailed chronology of events 34 events
Before June 2023A trusted mutual contact introduces Mr Gunawardhana and invests alongside the client. Fund Launch membership and claimed funding relationships establish confidence.
22 June 2023Service Agreement executed: 12–14 weeks, refund obligation, written variations and good faith.
June 2023First instalment paid by international wire; project commences.
July 2023Second instalment paid by international wire.
July 2023Final instalment completes US$65,500: US$61,000 service fees and US$4,500 filing fee.
Original delivery period12–14 weeks expire without funding or milestones. Extension to 16 weeks granted.
August 2023Responsibility transfers to Mr Olujobi without the required written amendment.
September–December 2023Further extensions run to 31 December. Requested documentation supplied; no contractual performance.
November 2023Request to release approximately 2% of targeted funds for project requirements refused.
31 December 2023Extended deadline expires following an engagement lasting over 26 weeks. No funding, services or substantive milestones.
6 January 2024Client terminates for complete non-performance.
7 January 2024Mr Olujobi acknowledges failure and promises US$61,000 by 15 March.
February–March 2024Repeated processing assurances; client budgets around the promised refund.
2 March 2024“New management” dismisses 15 March as an error; substitutes 15 June; links Mr Gunawardhana to expedited payment.
4 March 2024CONTACTANT Capital LLC formed, file 3207296. Associated materials name Mr Gunawardhana and Mr Olujobi as Fund Managers.
March 2024Client explains severe financial consequences and requests an immediate 50% refund.
7 March 2024CONTACTANT Capital Partners LLC formed, file 3230178, three days after the first entity.
March 2024Emails signed “Brittney”; sender states: “I am not in the liberty to make decisions.”
15 March 2024Original refund deadline broken. No payment or confirmation.
April 2024Partial refund refused: “April and May are very expensive months due to the tax season.”
May 2024Two interested funding groups and introduction to “Matt” offered. Client declines; refund unresolved.
27 May 2024Refund reaffirmed: “We have not refused to refund… we will abide by the agreement.”
15 June 2024Nineteen-day reversal. Client blamed; amount undisputed; arbitration or indefinite wait demanded; further emails rejected.
July 2024Payment reminders receive no response.
5 July 2024Further refund deadline broken. No payment.
19 July 2024Extension granted at Mr Gunawardhana’s request also broken.
August 2024Expensive legal resistance invoked; invoices routed to Fort Wayne, targeting only the introducing party’s portion.
August–October 2024All instructions followed. No refund; all communication ceased and the introducing party was blocked.
September 2024Demand copied to principals and entities. Mr Olujobi disclaims ownership; redirects to Market Kinetics’ Legal Department.
October 2024Australian counsel demands US$61,000 within seven days. Demand ignored.
Late 2024All communication ceased. Preserved Nevada record: revoked. CONTACTANT materials show continuing roles and a “95% success rate” claim.
March 2025US counsel demands repayment and raises registration/associated-entity concerns. Demand ignored.
2025–2026Fund Launch disclaims credentials or endorsement. An independent professional reports similar abandoned promises.
16 March 2026Stated resolution deadline passes without payment or a response.
08 / Supporting documents
Exhibit Index
The record refers to Exhibits A–G. Exhibit B is included in this draft; the remaining exhibit files are pending. The references and descriptions are retained below. Contact the publisher to request access to source material not included here.