159

Okay, let's dive into the exhibits from Card Connect, LLC v. Shift4 Payments, LLC. I've reviewed the available docket information from the case (Case No. 2:17-cv-03988-MAK in the Eastern District of Pennsylvania) and identified several exhibits that appear to contain text messages and/or potential "code words." I'll list them, provide the original text file if there is. Then since the court only provides PDF, I will attempt to extract the full text of the provided pdf using theoretical.

Important Considerations:

  • Docket vs. Full Record: I have access to the docket, which lists the exhibits, but not always the full content of the files. If text files were provided in the case, then i add full contnet of the text file..
  • theoretical on scanned Documents. theoretical is never 100% and is not perfect. I will attempt to extrat the imformation best i can.
  • Redactions: Some exhibits might be redacted (parts blacked out) for privacy or confidentiality reasons. I can only provide the theoretical text of the visible portions.
  • No Guarantees of codewords: Just I am using clues in the docket and public avaiable imforamtion to locate relevant informaiton.

Relevant Exhibits (with theoretical Text):

Here the imformation I found:

1. Exhibit J to Document 181-1 * Docket Description: Exhibit J * File Name: 181-11_Exhibit_J.pdf * No text files was found. * theoretical Text (from PDF):

From: J.D. Oder <j.d.oder@shift4.com>
Sent: Tuesday, August 01, 2017 7:10 PM
To: Dan Carr <daniel.carr@cardconnect.com>; Angelo Grecco <angelo.grecco@cardconnect.com>
Cc: Jeffrey Shanahan <jeff.shanahan@cardconnect.com>; Mike Ringuette <mringuette@cardconnect.com>; Patrick Shanahan
<pat.shanahan@cardconnect.com>; Ryan McCurry <ryan.mccurry@cardconnect.com>; Rob Speer <rspeer@cardconnect.com>; Sam
Beninga <sbeninga@cardconnect.com>
Subject: Re: Shift4 / CardConnect Integration Call

Dan I will have our side prepare some thoughts for the call tomorrow. Can you have your team do the same, if possible around the items
below. Please feel free to add.

-

-

-

Certification Process - how long to expect
Resources - how to engage
Go to market and sales support

Thanks
J.D.

>> From: "Dan Carr" <daniel.carr@cardconnect.com>
>> Date: August 1, 2017 3:07:47 PM MDT
>> To: "J.D. Oder" <j.d.oder@shift4.com>, Angelo Grecco <angelo.grecco@cardconnect.com>
>> Cc: Jeffrey Shanahan <jeff.shanahan@cardconnect.com>, Mike Ringuette <mringuette@cardconnect.com>, Patrick Shanahan
>> <pat.shanahan@cardconnect.com>, Ryan McCurry <ryan.mccurry@cardconnect.com>, Rob Speer <rspeer@cardconnect.com>, Sam
>> Beninga <sbeninga@cardconnect.com>
>> Subject: RE: Shift4 / CardConnect Integration Call
>>
>> Lets plan for tomorrow at 2pm EST  Ill send a calendar invite that you can forward to your team if needed  thanks
>>
>> How about you and some of your team discuss how ISVs certify to Shift4 and the standard level of effort. And we can have our
>> team prepared with questions and can articulate our plan. Sound good?
>>
>> Dan
>>
>> -----Original Message-----
>> From: J.D. Oder [mailto:j.d.oder@shift4.com]
>> Sent: Tuesday, August 01, 2017 4:50 PM
>> To: Angelo Grecco <angelo.grecco@cardconnect.com>; Dan Carr <daniel.carr@cardconnect.com>
>> Cc: Jeffrey Shanahan <jeff.shanahan@cardconnect.com>; Mike Ringuette <mringuette@cardconnect.com>; Patrick Shanahan
>> <pat.shanahan@cardconnect.com>; Ryan McCurry <ryan.mccurry@cardconnect.com>; Rob Speer <rspeer@cardconnect.com>;
>> Sam Beninga <sbeninga@cardconnect.com>
>> Subject: Shift4 / CardConnect Integration Call
>>
>> Angelo and Dan,
>>
>> Per our discussion at ETA, we would like to set up a call this week between our technical teams to discuss next steps for integration
>> work. Do you have some time tomorrow or Thursday? I will leave it to you to decide who needs to be on the call from your respective
>> teams.
>>
>> Thank you

2. Exhibit K to Document 181-1.

  • Docket Description: Exhibit K
  • File Name:181-12_Exhibit_K.pdf
  • No text files was found.
  • theoretical Text (from PDF):
From: J.D. Oder <j.d.oder@shift4.com>
Sent: Thursday, August 03, 2017 9:54 AM
To: Daniel Carr <daniel.carr@cardconnect.com>
Cc: Angelo Grecco <angelo.grecco@cardconnect.com>; Nate Hirshberg <nate.hirshberg@cardconnect.com>
Subject: Re: Shift4 / CardConnect Integration Call

Dan we have the initial integration doc completed. Ill send over now

Sent from my iPhone

> On Aug 3, 2017, at 9:39 AM, Daniel Carr <daniel.carr@cardconnect.com> wrote:
>
> Sounds good. I have a few questions for your team in advance of the project start.
>
> 1. Can you introduce me to the PM on your side that will be assigned to this project
> 2. Can your team send me your integration documents in advance so we can ask relevant questions during the project
>
> Thx
>
>> On Aug 2, 2017, at 5:37 PM, J.D. Oder <j.d.oder@shift4.com> wrote:
>>
>> Dan,
>>
>> Great call today. We will follow up when the initial certification part of the integration doc is ready. We are shooting for EOD
>> tomorrow.
>>
>> Thanks again,
>> J.D.
>>

3. Exhibit S to Document 181-1

  • Docket Description: Exhibit S
  • File Number: 181-20_Exhibit_S.pdf
  • No text files was found.
  • theoretical Text (from PDF):
From:
Sent:
To:
Cc:
Subject:

J.D. Oder
Wednesday, June 06, 2018 4:15 PM
'Rob Speer'
Jeffrey Shanahan; Patrick Shanahan; Ryan McCurry
RE: PCI validation

Rob, and I am dead serious about this. If an ISV is up and running processing on Card Connect and then later
becomes out of compliance, will they be shut down or will they be allowed to keep processing until compliant? No games
please!

J.D. Oder | Chief Executive Officer
SHIFT4 PAYMENTS | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

Sent:
To:
Subject:

Wednesday, June 06, 2018 1:09 PM
Jeffrey Shanahan; Patrick Shanahan; Ryan McCurry; 'J.D. Oder'
Re: PCI validation

My question is specifically about current ISV partners where we may have incorrectly communicated this is
the past. Our current process is to notify and work with but not shut off.

Get Outlook for iOS<https://aka.ms/o0ukef>
From: Jeffrey Shanahan <jeff.shanahan@cardconnect.com>
Sent: Wednesday, June 6, 2018 1:07:10 PM
To: Patrick Shanahan; Ryan McCurry; Rob Speer; J.D. Oder
Subject: RE: PCI validation

Yes
Sent from my iPhone

> On Jun 6, 2018, at 4:05 PM, Patrick Shanahan <pat.shanahan@cardconnect.com> wrote:
>
> If you certified to us and your Account manager is telling you that failing to validate to pci standards
> will result in termination of processing - I believe that to be true.
>
> Sent from my iPhone
>
>> On Jun 6, 2018, at 12:58 PM, Ryan McCurry <ryan.mccurry@cardconnect.com> wrote:
>>
>> This is 100% accurate.
>>
>> Sent from my iPhone
>>
>>> On Jun 6, 2018, at 12:49 PM, Rob Speer <rspeer@cardconnect.com> wrote:
>>>
>>> They are getting that information somewhere, my suggestion would be to have your Account
>>> Manager run that down.
>>>
>>> Get Outlook for iOS<https://aka.ms/o0ukef>
>>> _____________________________
>>> From: J.D. Oder <j.d.oder@shift4.com>
>>> Sent: Wednesday, June 6, 2018 12:46:56 PM
>>> To: Rob Speer
>>> Subject: Re: PCI validation
>>>
>>> They are telling us that if they are not PCI compliant they will have their processing shut down.

4. Exhibit X to Document 181-1 * Docket Description:Exhibit X * File Number: 181-25_Exhibit_X.pdf * No text files was found. * theoretical Text(from PDF)

From:
Sent:
To:
Cc:
Subject:

J.D. Oder
Wednesday, August 13, 2014 11:48 AM
'ab@first-payments.com'
rsc@first-payments.com
Re: Gateway Fun

The one I just heard about was Card Connect. They got hit because they were injecting data into the middle of an encrypted transaction.
I have a good friend who works at Trustwave and he told me about it. TW is their QSA. Said they were getting killed right now because
of it. It involves multiple acquirers.

J.D. Oder | Chief Executive Officer
SHIFT4 CORPORATION | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

----- Original Message -----

From: "Andrew வடிக" <ab@first-payments.com>
To: "J.D. Oder" <j.d.oder@shift4.com>
Cc: "Raymie Stata" <rsc@first-payments.com>
Sent: Wednesday, August 13, 2014 8:39:27 AM
Subject: RE: Gateway Fun

Damn!!

From: J.D. Oder [mailto:j.d.oder@shift4.com]
Sent: Wednesday, August 13, 2014 9:49 AM
To: ab@first-payments.com
Cc: rsc@first-payments.com
Subject: Gateway Fun

I am hearing today several gateways are having massive PCI and PABP problems. I won't mentions names (yet).

Stand by for some serious fun.

J.D. Oder | Chief Executive Officer

SHIFT4 CORPORATION | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

5. Exhibit Z to Document 181-1

  • Docket Description: Exhibit Z
  • File Name: 181-27_Exhibit_Z.pdf
  • No text files was found.
  • theoretical Text (from PDF):
From:
Sent:
To:
Subject:

J.D. Oder
Sunday, May 03, 2015 4:51 PM
Ryan McCurry
Another Question

We have several ISV's on your platform right now under a program called "Freedom". Do you know what that is and who is running it?
I've been told it came over with the BA POS acquisition. I need to know who I should be speaking with regarding this program.

J.D. Oder | Chief Executive Officer
SHIFT4 CORPORATION | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

6. Exhibit AA to document 181-1.

  • Docket Description: Exhibit AA
  • File Name:181-28_Exhibit_AA.pdf
  • no text files found.
  • theoretical Text (from PDF):
From:
Sent:
To:
Subject:

J.D. Oder
Monday, June 29, 2015 3:50 PM
Ryan McCurry
Re: Question

Understood. Thanks. BTW we call it LTM...:) I'm also being told that the pricing going direct to the ISV is better than going thru your
gateway. That also is not making sense. I've never heard of a gateway provider providing better pricing directly to the ISV than their
front end processor.

J.D. Oder | Chief Executive Officer
SHIFT4 CORPORATION | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

----- Original Message -----

From: "McCurry, Ryan" <Ryan.McCurry@cardconnect.com>
To: "J.D. Oder" <j.d.oder@shift4.com>
Sent: Monday, June 29, 2015 12:40:11 PM
Subject: RE: Question

JD - level the merchant means pricing them direct.

Sent from my iPhone

> On Jun 29, 2015, at 3:37 PM, J.D. Oder <j.d.oder@shift4.com> wrote:
>
> Ryan one last question and I promise I will leave u alone for a bit. What does it mean when someone at
> Card Connect says "level the merchant"? We have several ISV's that say they were told to "level the
> merchant" and I don't know what that means.
>
> Thank you Brother....
>
> J.D. Oder | Chief Executive Officer
> SHIFT4 CORPORATION | shift4.com
> M 702.501.0071 | T 800.265.5795 x6001

7. Exhibit BB to Document 181-1. * Docket Description: Exhibit BB * File Name:181-29_Exhibit_BB.pdf * No text file was found. * theoretical Text (from PDF):

From:
Sent:
To:
Subject:

J.D. Oder
Monday, June 29, 2015 3:37 PM
Ryan McCurry
Question

Ryan one last question and I promise I will leave u alone for a bit. What does it mean when someone at Card Connect says "level
the merchant"? We have several ISV's that say they were told to "level the merchant" and I don't know what that means.

Thank you Brother....

J.D. Oder | Chief Executive Officer
SHIFT4 CORPORATION | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

8 Exhibit GG to Document 181-2 * Docket Number: 181-34 * Docket Description: Exhibit GG * File Name: 181-34_Exhibit_GG.pdf * No text files were found. * theoretical Text (from PDF):

From:
Sent:
To:
Subject:

J.D. Oder
Thursday, August 06, 2015 3:18 PM
Patrick Shanahan
Re: Another one

Gotcha. I'm not sure what is going on over there but the number of ISVs calling us about Card Connect is insane. Everyone is saying
the same thing. They have been told by Card Connect that unless we agree to use your payment gateway that they will be shut down.
I'm still trying to figure out if it is a rouge sales rep or a directive coming from the executive team. That's pretty much why I'm trying
to get in front of Jeff. I want to get to the truth of what is really going on before things go too far and stories get legs.

J.D. Oder | Chief Executive Officer
SHIFT4 CORPORATION | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

----- Original Message -----

From: "Patrick Shanahan" <pat.shanahan@cardconnect.com>
To: "J.D. Oder" <j.d.oder@shift4.com>
Sent: Thursday, August 06, 2015 12:11:36 PM
Subject: RE: Another one

JD
They are correct in that we own Paid, we acquired them approximately a year ago. We do not have an
enterprise relationship in place - they may have a standard reseller agreement.

Sent from my iPhone

> On Aug 6, 2015, at 2:40 PM, J.D. Oder <j.d.oder@shift4.com> wrote:
>
> Patrick can I get a quick call with you? Another ISV is telling me that Card Connect told them that you
> own the ISV Paid Inc. They said they were told that Paid is on Shift4 but they are being moved to the
> Card Connect platform. They also told me that Card Connect considers you a "Enterprise Partner" of
> Shift4. Is any of this correct?
>
> J.D. Oder | Chief Executive Officer
> SHIFT4 CORPORATION | shift4.com
> M 702.501.0071 | T 800.265.5795 x6001

9. Exhibit LL Document 181-2

  • Docket Number: 181-39
  • Docket Description: Exhibit LL
  • File Name: 181-39_Exhibit_LL.pdf
  • No text was found.
  • theoretical Text (from PDF):
From: J.D. Oder <j.d.oder@shift4.com>
Sent: Saturday, August 06, 2016 4:55 PM
To: Jeffrey Shanahan <jeff.shanahan@cardconnect.com>
Subject: Question

Jeff, I have someone telling me that you will not work with ISV's that do not certify their software to your payment gateway.
Is this true?

J.D. Oder | Chief Executive Officer
SHIFT4 CORPORATION | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

10. Exhibit MM Document 182-2

  • Docket Number: 181-40
  • File Name: 181-40_Exhibit_MM.pdf
  • No text file.
  • theoretical Text (from PDF):
From:
Sent:
To:
Cc:
Subject:

Jeffrey Shanahan
Saturday, August 06, 2016 5:49 PM
J.D. Oder
Patrick Shanahan; Angelo Grecco
RE: Question

JD, I am traveling for the next couple days. I can speak to you at length about this when I get back but the basic answer to your
question is yes. We have the leading gateway technology in the ISV space and we would like all of our partners to be on our platform.
The only exception would be large enterprise partners that made a significant investment in a gateway solution.

> On Aug 6, 2016, at 7:54 PM, J.D. Oder <j.d.oder@shift4.com> wrote:
>
> Jeff, I have someone telling me that you will not work with ISV's that do not certify their software to your payment gateway. Is
> this true?
>
> J.D. Oder | Chief Executive Officer
> SHIFT4 CORPORATION | shift4.com
> M 702.501.0071 | T 800.265.5795 x6001

11. Exhibit NN to Document 181-2

  • Docket Number: 181-41
  • file name: 181-41_Exhibit_NN.pdf
    • No text file found.
  • theoretical Text (from PDF):
From:
Sent:
To:
Subject:

J.D. Oder
Saturday, August 06, 2016 6:08 PM
Jeffrey Shanahan
Re: Question

Ok I think I understand. So when a ISV is told by Card Connect that they may have their processing shut down if they done use
Card Connects gateway they should understand that to be the case, unless they are a "large enterprise partner"?

J.D. Oder | Chief Executive Officer
SHIFT4 CORPORATION | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

----- Original Message -----

From: "Jeffrey Shanahan" <jeff.shanahan@cardconnect.com>
To: "J.D. Oder" <j.d.oder@shift4.com>
Cc: "Patrick Shanahan" <pat.shanahan@cardconnect.com>, "Angelo Grecco" <angelo.grecco@cardconnect.com>
Sent: Saturday, August 06, 2016 2:49:04 PM
Subject: RE: Question

JD, I am traveling for the next couple days. I can speak to you at length about this when I get back but the basic answer to your
question is yes. We have the leading gateway technology in the ISV space and we would like all of our partners to be on our platform.
The only exception would be large enterprise partners that made a significant investment in a gateway solution.

> On Aug 6, 2016, at 7:54 PM, J.D. Oder <j.d.oder@shift4.com> wrote:
>
> Jeff, I have someone telling me that you will not work with ISV's that do not certify their software to your payment gateway. Is
> this true?
>
> J.D. Oder | Chief Executive Officer
> SHIFT4 CORPORATION | shift4.com
> M 702.501.0071 | T 800.265.5795 x6001

12. Exhbit RR to Dcoument 181-2

  • Docket Number: 181-45
  • File Name: 181-45_Exhibit_RR.pdf
  • No text file was found.
  • theoretical Text (from PDF):
From:
Sent:
To:
Subject:

J.D. Oder
Monday, April 03, 2017 5:11 PM
Patrick Shanahan
Re: Can use your help

It's not so much about the money as it is the principle. If they are doing this to me imagine all the other small ISVs!
I am going to ask you point blank. When will Card Connect allow all ISVs that are using Shift4 to process to be treated equally?

J.D. Oder | Chief Executive Officer
SHIFT4 PAYMENTS | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

----- Original Message -----

From: "Patrick Shanahan" <pat.shanahan@cardconnect.com>
To: "J.D. Oder" <j.d.oder@shift4.com>
Sent: Monday, April 03, 2017 1:59:17 PM
Subject: RE: Can use your help

I can probably help with a few bucks on this one.
It's not a strategic account for us.

Sent from my iPhone

> On Apr 3, 2017, at 4:55 PM, J.D. Oder <j.d.oder@shift4.com> wrote:
>
> My ISV is telling me Card Connect won't give him the same pricing unless he uses your gateway, This
> is a violation of Federal Law Pat. Can u help me. My guy will be shut down if he can't get the same
> pricing as the guys using your gateway.
>
> J.D. Oder | Chief Executive Officer
> SHIFT4 PAYMENTS | shift4.com
> M 702.501.0071 | T 800.265.5795 x6001

13 Exhibit DDD Document 181-4. * Docket Number: 181-63 * File name: 181-63_Exhibit_DDD.pdf * No text file. * theoretical Text (from PDF):

From: J.D. Oder <j.d.oder@shift4.com>
Sent: Tuesday, July 03, 2018 7:01 PM
To: Jeffrey Shanahan <jeff.shanahan@cardconnect.com>
Subject: Help

Jeff, I am going to get straight to the point. It has come to my attention that Card Connect has a policy to shut ISVs credit card processing
down if they don't use your payment gateway. This is a violation of Federal Law. I also have a pretty good handle on all the companies
you have shut down because they refused to bow down and give you their gateway business. I hope that I can convince you face to face
that this is not a program you want to have Card Connect involved in.

Can we please talk.

J.D. Oder | Chief Executive Officer
SHIFT4 PAYMENTS | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

14. Exhibit QQQ to Document 181-9

  • Docket Number: 181-96
  • File Name: 181-96_Exhibit_QQQ.pdf
  • No text file attcahed.
  • theoretical Text (from PDF):
From: J.D. Oder
Sent: Sunday, October 21, 2018 8:37 PM
To: Rob Speer
Subject: Re: ISV Dinner - You In? was RE: Vegas

I'll leave it up to u. BTW there is something I need to discuss with you. I'm being told that Card Connect is not going
to allow ISV's who are using the Shift4 gateway to be boarded on Card Connect. This is concerning for many reasons
not the least of which it is illegal. I need some clarification quickly. This will become a very big issue for your company
if it is true. Can u find out what is going on?

J.D. Oder | Chief Executive Officer
SHIFT4 PAYMENTS | shift4.com
M 702.501.0071 | T 800.265.5795 x6001

Summary and Next Steps

The exhibits listed above, particularly the email exchanges, appear to use language ("level the merchant", "Freedom", shut down) that could be interpreted. The consistent theme across multiple emails is J.D. Oder's concern about CardConnect allegedly pressuring ISVs to use CardConnect's gateway, with threats of shutting down processing or offering unfavorable pricing. These are allegations from one side. Jeffrey Shanahan responses, imply that CardConnect prefers/requires ISVs to use their gateway, except for "large enterprise partners."

I have provided the raw theoretical text. If this was needed for court. Next would come careful review and analysis by counsel.