Elliottician
Complaint 94057 Details

Richard Swannell organised a loan with me (to refinance an Elliottician company loan) back on the 19th November 2010.

Richard was diagnosed with terminal cancer in mid June 2011. On the 1st July 2011, two months prior to Richard's death, I emailed Richard asking what he wanted to do about the loan. Richard's response was: "The loan is to the company, so nothing will change. The company is stronger than ever. I am sitting down with Daniel (Daniel McMahon, CEO of Elliottician) to formalize all this in the coming week and send you clarification. Your money is safe… whether I am here or not."

Interest on the loan was paid promptly, from the Elliottician Ltd Hong Kong bank account, up to Richard's death. After Richard's death, I wrote numerous emails because the interest payments had stopped. I received one last interest payment one month AFTER Richard's death and nothing since. In mid February of this year (2012), I received a letter from Richard's wife, Amanda (Mandy) Swannell, as executor of Richard's Will, informing me that the principle of the loan ($100,000.00) and the outstanding interest would NOT be repaid because Richard was bankrupt upon his death. Daniel McMahon and Mandy Swannell claimed that the loan was a personal one to Richard, instead of a company loan to Elliottican Ltd Hong Kong (organised BY Richard), even though Richard's emails state to the contrary and that ALL repayments came from the Elliottician Ltd Hong Kong bank account.

I do not believe Richard Swannell intended to defraud me as I had known him for quite some time. However, Daniel McMahon (supposed good friend and son-in-law of Richard) and Amanda Swannell (supposedly devoted wife of Richard) have had no hesitation in smearing Richard's name. This makes Richard Swannell out to be a criminal (which he MAY have been) and the email correspondence I have clearly implies that Daniel McMahon and Amanda Swannell were ACCESSORIES to defraud. They were both aware of the existence of the loan from the start and thus also implies that their actions could have been premeditated.

As an aside, Daniel McMahon is also the owner and CEO of VirginTrader and a registered fund manager who resides in Western Australia.

Daniel McMahon has informed me that he intends to sell the use of Elliottician software to "Metastock" and "Elliott Wave International".