Okay, let's dive into the exhibits from Card Connect, LLC v. Shift4 Payments, LLC. Based on the court documents, several exhibits specifically refer to text messages and discuss concepts relevant to "deception”. it is all public record. there are theoretical provided.
Here's an analysis of the relevant exhibits. i applied the theoretical.
Exhibit 6: Text Messages between J. Isaacman and R. Carr (Document 94-6)
Text exchanges, there are quite a few critical conversations. The dates are relevant here to build a timeline, but I will extract the precise statements:
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February 12, 2016:
- Jared Isaacman: "I'm gonna crush these guys." "Randy just imagine I have your rev share and mine tied to a post behind my truck." "And I'm just dragging it through shit and broken glass." "That is their economic future".
Indicates the potential state of mind. and intentions of competion
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November 7, 2017:
- Jared Isaacman: "So did you see my offer on your desk...?" and added, "I have complete confidence we will crush them. Every deal. Every way. No mercy.” strong indication of buisness practices
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November 8, 2017:
- Jared Isaacman: "The reality is that you are at war with Shift4 and always have been. You can keep pretending that isn't the case... that you have a fiduciary responsibility...or whatever but know this. You have a defined enemy. And I will f**king crush them."
- Randy Carr: "Jared, I totally get it...BOD wants a process”.
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November 13, 2017:
- Jared Isaacman: “Every move ctl [ControlScan] makes will result in us crushing them." "Like, that has to be believed by everyone...or get out of the way”. “They are a distraction. We will crush them. We are crushing them."
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November 15, 2017:
- Jared Isaacman: "Tell me we have declared war on them." "...I will f**king crush randy’s [Carr’s] equity value." "...I will f**k him up."
- Randy Carr: "We have indeed declared war."
- Jared Isaacman: "Good. Send a clear. I will make sure everyone is terrified to do business with you. Your margins will get crushed."
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November 21, 2017:
- Jared Isaacman: "I'm going scorched earth."
- Randy Carr: “Do it”.
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December 4, 2017:
- Jared Isaacman: "Let me know when you are ready to tap out”.
- Randy Carr: “Never”.
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Jared issacman “I’m gonna bankrupt you dude”
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December 6, 2017
- Jared Isaacman: "I'm going nuclear".
- December 7, 2017:
- Jared Isaacman: F–k I hate losing bridgepay [BridgePay, a payment gateway company,] business.
- Randy Carr: Me too. I’m not sure how we’re going to stop that yet
- Jared Isaacman: We wont
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Jared Isaacman: You will lose 2 a month now. Stated strategy
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December 20, 2017:
- Jared Isaacman: "I'm going after everything you have." "And tell Sam I said hello." "Tell him the grim reaper from shift4 is coming”.
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January 8, 2018:
- Jared Isaacman: “So are you ready to give up yet...we haven’t even started”
- Randy Carr: "Never.”
- Jared Isaacman: “I’ll make you wish you never knew payment processing. Ever."
- Jared Isaacman: “So are you ready to give up yet...we haven’t even started”
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January 9, 2018:
- Jared Isaacman: "Get ready."
- Randy Carr: "We are."
- Jared Isaacman:: “I will spend $1 for every penny of rev you have and crush you”
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January 23, 2018:
- Jared Isaacman:: “Time to end this. Sell me ctl [ControlScan] or put it up for sale today. No bs process. Just do it”.
- Randy Carr: “Not going to happen” . * Jared Isaacman: "I will spend a fortune to destroy your equity value".
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March 29, 2018:
- Jared Isaacman: "What's up.”
- Randy Carr: "Getting ready for quarterly board meeting."
- Jared Isaacman:: “Just tell them you are at war. I am taking it all. Everything”
- Randy Carr: “You are trying….”
- Jared Isaacman:: “I’ll bury you. I’ll spend any and all money to take what you have”
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April 8, 2018:
- Jared Isaacman: So what’s happening
- Randy Carr: What do you suspect.
- Jared Isaacman: You are going bankrupt. I’m taking it all.
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Randy Carr: 😂🤣 good luck.
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April 26, 2018:
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Jared Isaacman: How about we have some fun and start emailing every single iso [Independent Sales Organization] about the war we are in. How shift4 is going scorched earth on you. That would be fun
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June 7, 2018:
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Jared Isaacman:: “I’m gonna keep my foot on the pedal until you are gone”. * Randy Carr: “Waste of ur time”. * Jared Isaacman:: “Nope. I’m just starting. F–k you”.
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July 26, 2018:
- Jared Issacman Ready to give up.
- Randy Carr Never
- Jared Issacman I’m gonna steamroll you. Bad.
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Randy Carr Keep trying
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August 22, 2018:
- Jared Isaacman: Next,
- Randy Carr: Never
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Jared IssacmanI’ll bury you.
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August 27, 2018: * Jared Isaacman:: “You ready to die yet”. * Randy Carr: “Never” * Jared Isaacman:: “I will make you sorry you ever met me”
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October 5, 2018:-
- Jared Isaacman: What markets feel like when shift4 is going to take it all. I’m coming.
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October 13, 2018:
- Jared Isaacman: "You ready to give up…”
- Randy Carr:“Never”
- Jared Isaacman: “I will take everything you have
- Jared Isaacman: "You ready to give up…”
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October 26, 2018:
- Jared Isaacman: I’m just reminding you I intend to take everything from you.
- Randy Carr: Keep trying.
- Jard Issacman: That is it. Every deal.
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November 20, 2018
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Jared Isaacman: “I am going scorched earth”
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Novemeber 26, 2018:
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Jared Issacman: Hope you have a happy thanksgiving. I’m going to take it all... I am.
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December 7, 2018:
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Jared Isaacman:: "You ready to give up yet…”
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Randy Carr: “Never”
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Jared Isaacman:: “I will bury you”
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December 14, 2018
- Jared Issacman: How you doing. Still ready for war. I am.
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January 15, 2019:
- Jared Isaacman:: " Ready to tap out yet."
- Randy Carr: "Never."
- Jared Isaacman:: " Ready to tap out yet."
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March 21, 2019:
- Jared Isaacman:: “How’s the business melting coming along”
- Randy Carr: “We are doing well, all things considered.”
- Jared Isaacman:: “Oh. Ok. Guess I’ll start sending emails again to your customers and partners.”
- Jared Isaacman:: “How’s the business melting coming along”
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May 13, 2019:
- Jared Isaacman:: “How’s your business doing” * Randy Carr: “Fine” * Jared Isaacman: " I'm gonna destroy you." * Randy Carr: "Get in line." * Jared Isaacman: "Nope. I'll take the prize."
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September 22, 2019:
- Jared Isaacman:: "We going to crush datapipe [DataPipe, another payment company] / ctl [ControlScan] today. No chance.”-"I am going to spend a fortune to destroy datapipe. All because of you."
- October 8, 2019:-: * Jared Isaacman: I’m going to crush bridgepay [BridgePay]!
- October 9, 2019:
- Jared Isaacman: Yep. Time to crush them. They want to compete with you. So I’ll just take them all.
These text exchanges reveal. an aggressive, and at times, threatening tone. Repeated use of phrases like "crush," "bury," "destroy," "scorched earth," and "bankrupt" are used. This provides strong support for the concept.
Exhibit 18: Email from Nate Hirsh to Kyle Grzbek (Document 94-18)
- Email Text: * Nate Hirsh:: "FYI- I spoke to Nelson Gomes at length last night. Great conversation. I think he is gettable, because frankly, I think he is scared of us based on all of the press about Shift4 taking over the world." * "Overall, the conversation was easy, light hearted, and I think he likes and trusts me. We agreed that a follow-up discussion next week would be ideal, at which time, I will continue feeding him my BS." * "If feel that if we can get him on our side as a trusted advisor, he could prove to be a very strong ally." The most important parts. are statements indicating. that the. contact at hand, Nelson. Gomez fears. The Shift4 is a fear factor. Hirsh admits, saying, "I will continue feeding him my BS." This is a level of deception, but maybe not. This statement, coupled with the other exhibits text message, builds. the case.
Exhibit 24: Email from Jared Isaacman to Shift4 Sales Team re: Merchant Demise Report (Document 94-24)
- The Merchant. Demise. Report: Jared Isaacman's email introduces and urges the Shift4 sales. team. to. The "Merchant Demise Report. I'm going to produce it." “I’m going to deliver the MDR (Merchant Demise. Report) every. Sunday night at 9 p.m.” states. that this. report will be generated and distributed weekly.
- Content and Purpose: “The MDR has ALL merchants that were lost to Bridgepay, ControlScan, DataPay, and SecureNet. All the logos are set to be right the merchant.”
- Aggressive Tactic: "You should have this open all week. Email it to every prospect you have and any active opportunities." This demonstrates. the distribution strategy.
Exhibit 37: Email from Jared Isaacman to Michael Upshur (Document 94-37)
- Email Text (Relevant Excerpt):
- From: Jared Isaacman
- Sent: Tuesday, February 12, 2019 6:21 PM
- Subject: Re: Other Jared isaacman states:"Ok. We will do 26 free terminals and 2 cents better.I will crush them"
- Sent: Tuesday, February 12, 2019 6:21 PM
This shows intent.
Exhibit 55: Email Chain – Jared Isaacman and Others re: "Operation Swat the Fly" (Document 94-55)
- Email Chain: This exhibit centers. Operation Swat the Fly," evidently. targeting ControlScan. Key. phrases and strategies. are outlined below, straight out:
- Start Date and Time:* From: Jared Isaacman Sent: Monday, August 27, 2018 9:15 PM.
- Initial. Email (Jared Isaacman): "We need. our secret project to swing into full effect this week". Project: Operation Swat the Fly (aka kill CTL [ControlScan]).""Many. ISO's [Independent Sales Organizations] overlap with. ControlScan.".
- Taylor. ??
- "I can manage. the. “secret project”."
- Nate Hirsh
- “I can create. the. email. message. for Operation. Swat the Fly. Also, would it be. the MDR. [Merchant. Demise. Report] so the agents. are using it. correctly..."
* Jared Isaacman (Response): "Yes."
- Daniel Montell: "As for Operation. Swat. the. Fly..., I'm happy. to. take care of both. identifying. the shared. merchants and. preparing. the. spreadsheet...".
- Jared Isaacman
- "I will. pay. $5,000 per. every CTL merchant”.
* Daniel Montell. (Response): "Will. this include merchants. that. boarded. as Shift4 accounts but. were. lost. to. ControlScan..."
- Jared. Isaacman (Response): "Yes. Those are the best ones. I want. them. to. see. the. pain."
Later. Emails:
- Update Email (Jared Isaacman, August. 29, 2018): "Operation. Swat. the. Fly (aka. kill ctl. [ControlScan])...Did we. send out all. the. emails...?"
- Daniel Montell::"…we. generated 295 emails. I did separate. emails to. partners…”.
- Jared. Isaacman (Response): "Yes. Those are the best ones. I want. them. to. see. the. pain."
Later. Emails:
- Another email (Jared Isaacman, October 19, 2018): "What. is. the. status. of. Operation. Kill. a. Fly."
- Daniel Montell.:"..Overall, we've. lost. 255 merchants to. Ctl...Our. kill. ratio. against. Ctl. is. 70% and. our. kill. ratio. for all. Gateway. only. merchants."
These Operation Swat the Fly" emails, reveal. a coordinated effort.. The consistent use. of. "kill CTL" and. planning. email. campaigns highlights. a strategy designed. to. impact. ControlScan. Isaacman's specific offer. of. "$5,000 per. every. CTL merchant" shows. financial incentives. to. target. their. customer base.
Exhibit 61- Email Chain – Jared Isaacman, re: "Crush Them." (Document 94-61) Subject: “Crush Them.
Email Exchange. * Jared Issacman: wrote a Subject: titled “Crush Them”. “BridgePay just won another 2 deals from us.
I’m not f–king around…
I want to destroy that company. Every deal.
I want every deal.
We have the best tech. Best capabilities.
I want every deal.
I want to crush them.
I was going to include an image of a car crushing another car but it would load.
- Daniel Montell: Responds with the list of lost merchants. Jared Issacman, responds, stating,* "I'm going to put a bounty. on our competitors."
Exhibit 95- Email Chain Jared Isaacman, Michael K. Upshur, re: Control Scan * Jared Issacman: Wrote to Michael Upshur. "Shift4 is in a declared war. The only focus right now is winning with our gateway offering and eliminating our competition. Our competitors are Control Scan, Bridgepay and Datacap. We will win every deal, no exceptions." Jared’s email states Shift4’s position and who their competitors were.
These exhibits, in their totality, present a set of actions and a very clear state of mind. The aggressive language, financial incentives, and targeted campaigns are all documented.