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               Payments, a retrospective
               Payments, a retrospectiv                  e      The most renowned case was when I was the star witness
                                                                for the U.S. Department of Justice in the criminal case
                                                                against Jeremy Johnson and fellow iWorks executives. It
                                                                was sobering to testify in a case where a man’s liberty was
                                                                at stake. I saw firsthand the methodical and overwhelming
                                                                evidence the U.S. attorneys brought to bear. The statement,
                                                                Don’t make a federal case out of it, remains etched in my
                                                                mind.

        One professional's                                      Accelerated innovation

                                                                During this period, developers and payments executives
        journey - Part 3                                        learned that maintaining PCI compliance was expensive
                                                                and unnecessary. Divergent evolution produced the
                                                                superior semi-integrated solution. PC based solutions
        By Ken Musante                                          became a liability and gave way to cloud based solutions,
                                                                card accepting apps and smart terminals.
        Napa Payments and Consulting
                                                                The pace of innovation quickened. Terminals became an
        [Editor's note: This is the third and final article in Ken Musante's retro-  afterthought and way to accept cards in a PCI-compliant
        spective series. Parts 1 and 2 are available at  www.greensheet.com/  fashion and with EMV capabilities. Wallet apps became a
        emagazine.php?article_id=7365  and www.greensheet.com/emaga-  thing. One of the first wallet apps was launched in 2012
        zine.php?article_id=7402 , respectively.]               by a joint venture between Verizon, AT&T and T-Mobile.
              n 2008, First National Bank of  Arizona/Nevada    Unfortunately, they named their wallet app the same as a
              was heavily invested in the mortgage market and   yet to be identified Middle Eastern terrorist group — ISIS.
              was among the first banks to fail. Its subsidiary   The name was most unfortunate.
        I Humboldt Merchant Services became an asset of
        the FDIC and was sold to Moneris Solutions, U.S. as a   Further, another failed large merchant payment consortium
        distressed asset.                                       added credence to Mastercard and Visa’s contention that
                                                                escalation of U.S. payment card interchange rates and fees
        I was blessed to lead a company from cradle to grave,   was justified because merchants on their own could never
        but it was a dishonorable death. I assisted with Moneris'   build as efficient a payment card acceptance network.
        integration of Humboldt and driving sales. I reported to
        Greg Cohen, and while I was treated well, the situation   Eureka Payments had a large merchant that grew
        was difficult. We sold the Humboldt Merchant Services   exponentially. The merchant was referred to me by an
        name and high-risk portfolio to Marc Gardner. It was a   ISO because the account was in danger of being closed for
        great fit. I’m pleased the Humboldt name lives on.      factoring. I worked with the merchant and the processor to
                                                                register the business as a payfac and fit within the newly
        Running a small ISO                                     developed payfac rules.

        After 18 months, during the depths of the great recession,   The merchant was subsequently purchased by a national
        I left to start a direct-to-merchant ISO, Eureka Payments.   media company and grew virally through its free app and
        My partners, Steve Kimberling and Scott Bartlett, and I   additional utilities for youth sports teams and their fans,
        built a niche portfolio. About the same time, the Durbin   players and payers. The age of the payfac, as a legitimate
        Amendment passed, rolling back debit rates for regulated   vehicle for processing, had come.
        debit transactions and effectively disabling the efficacy of
        the three-tier pricing model.                           A new chapter

        The liability shift for non-EMV transactions went into   To  be close to my  children,  I accepted  a position  with
        effect as well. Magnetic stripe terminals, which had lasted   WePay, a large payfac, now owned by JPMorgan Chase.
        for decades, were replaced by EMV devices that failed   I was a product manager assisting developers  with
        monthly and cost three times as much.                   integrating card-present functionalities into WePay’s
                                                                card-not-present  environment. It was  great  first-hand
        As an executive of a small ISO, I picked up a new skill:   experience managing the scrum cycle and understanding
        expert witness testimony. This began because a former   sustainable  engineering alongside marketing  wants and
        client  reached  out,  believing  my  knowledge  of  the   roadmap realities. At times, the "viable" within "minimum
        card brand rules and industry norms qualified me. I     viable product" became elusive, and reality clashed
        reluctantly accepted an assignment. Doing so opened an   with deadlines, but I sat shotgun in the ride to card-
        entirely new line of work. (For more details, visit https://  present device certification and integrations. I met some
        napapaymentsandconsulting.com/blog/f/expert-testimony.)  wonderful people, but two and a half years at a large bank
                                                                is an eternity.
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