1 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

SCANZ TECHNOLOGIES, INC., fka 

EQUITYFEED CORPORATION, A 

Canadian (Quebec) Corporation 

Plaintiff, 

vs. 

JEWMON ENTERPRISES, LLC, a Florida 

limited liability corporation; TIMOTHY 

SYKES, an individual; ZACHARY 

WESTPHAL, an individual; TIMOTHY 

BOHEN, an individual; MILLIONAIRE 

PUBLISHING, LLC, a Florida limited 

liability corporation; MILLIONAIRE 

PUBLISHING, LLC, a Colorado limited 

liability corporation; MILLIONAIRE 

MEDIA, LLC, a Florida limited liability 

corporation and STOCKSTOTRADE.COM 

INC., a Delaware corporation, 

Defendants. 

Case No. 20-cv-22957-RNS 

DECLARATION OF DEFENDANT TIMOTHY C. BOHEN 

IN SUPPORT OF MOTION TO DISMISS PLAINTIFF’S COMPLAINT 

I, Timothy C. Bohen, declare and state as follows: 

1. I am a named defendant in this action. I present this declaration in support of my 

motion to dismiss Plaintiff’s Complaint. I am over 18 years old. I have personal knowledge of 

the facts contained in this declaration, and, if called as a witness, will testify as to their accuracy. 

Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 1 of 20
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I am a Resident of Michigan and Have No Connection to Florida 

2. I am not currently and never have been a resident of the State of Florida. Since 

2000, I have resided in Sheridan, Michigan, and I have been a Michigan resident since birth. 

Attached as Exhibit A is a redacted copy of my Michigan driver’s license. 

3. I do not currently and never have had a Florida driver’s license. 

4. I am not currently and never have registered to vote in Florida. 

5. I do not currently and never have had an office, a phone number, or mailing address 

in Florida. 

6. I do not currently and never have owned personal or real property, or assets in 

Florida. 

Prior to April 2016, I Did Not Have a Relationship With Any of the Defendants 

7. I am the sole member of Bohen Asset Management, LLC (“BAM”), a Michigan 

limited liability company, which was organized in November 2008. Attached as Exhibit B are 

BAM’s Articles of Organization, as maintained by Michigan’s Department of Licensing and 

Regulatory Affairs. 

8. In April 2016, BAM became an independent contractor to StocksToTrade.com, Inc. 

(“STT”). Prior to that date, neither I personally nor BAM had worked with or provided services 

in any capacity to any of the defendants named in this action. Attached as composite Exhibit C 

are redacted copies of: (i) BAM’s IRS Form W-9 submitted to STT on April 30, 2016, to support 

STT’s first payment of fees to BAM incurred for services rendered in April 2016; and (ii) BAM’s 

invoice No. 1009, dated April 30, 2016, to STT for services rendered in April 2016. BAM ceased 

providing services when I became a salaried employee of STT in November 2016. 

Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 2 of 20
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9. On November 11, 2016, I became a salaried employee of STT, working from 

Sheridan, Michigan. I continue to work in that capacity to date. Attached as composite Exhibit 

D are redacted copies of my IRS Forms W-2 for tax years 2016–2019. 

10. I am not currently and never have been an employee of Timothy Sykes or Zachary 

Westphal. With the exception of STT, as described in paragraph 9 above, I am not currently and 

never have been an employee of any of the other defendant entities, including JewMon Enterprises, 

LLC; and Millionaire Publishing, LLC (whether the Florida or Colorado entities alleged in the 

Complaint); and Millionaire Media, LLC. 

11. I do not currently own and never have owned an interest, nor do I currently hold 

and never have held management positions in any of the defendant entities. I also never have been 

granted a power of attorney to act on behalf of any of the defendant entities. 

I Did Not Participate in the Conspiracy Alleged in the Complaint 

12. The Complaint alleges that I participated in a conspiracy with the other defendants 

to first “misappropriate” and then “utilize” Plaintiff’s product or software, including those defined 

in the Complaint as “Scanz Assets” and “Scanz Trade Secrets.” (Compl. ¶ 39). As I explain 

below, I did not and could not have entered into such a conspiracy. 

13. According to the Complaint, the conspiracy to “misappropriate” began “in the 

spring of 2013,” when Plaintiff and JewMon Enterprises, LLC, entered into a “license agreement” 

(id. ¶¶ 26, 39) and continued through “late April of 2015,” with the execution of that agreement’s 

“Termination Notice.” (Id. ¶¶ 30, 39). I am not a party to either document and was not aware of 

and did not participate in their negotiation. As explained above, I have never worked for or 

provided services to JewMon, either personally or through BAM. Further, it was only during and 

after April 2016 that I, through BAM, began providing consulting services to STT and then became 

Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 3 of 20
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a STT salaried employee in November 2016. Accordingly, neither I nor BAM had any 

involvement with STT at either of the dates alleged in the Complaint—spring of 2013 and April 

2015—and did not and could not have entered into any purported conspiracy at the time to 

misappropriate or steal secrets or information allegedly covered under the “license agreement” 

between Plaintiff and JewMon, or the Termination Notice of that license agreement. 

14. For same reason—because I was not involved with any of the defendants prior to 

April 2016—I also did not and could not have agreed to or in fact “cooperated with” Timothy 

Sykes and Zachary Westphal to “utilize” the corporate defendants as vehicles to allegedly 

misappropriate or steal secrets or information covered under the “license agreement” or the 

Termination Notice of that license agreement. Id. ¶ 39. Nor did I enter into an agreement with 

any of the defendants to “mislead” Plaintiff regarding the Termination Notice’s content or the use 

of Plaintiff’s secrets or information following that Termination Notice. 

15. In connection with BAM’s engagement with STT beginning in April 2016 and my 

employment with STT beginning in November 2016, I never have entered into an agreement with 

any of the defendants, within or outside of Florida, to “misappropriate” or “utilize” Plaintiff’s 

product or software. In fact, I am not aware of and have never knowingly used in any capacity, 

including as an STT employee or as BAM’s sole member, any product or software owned or 

developed by the Plaintiff, including those defined in the Complaint as “Scanz Assets” and “Scanz 

Trade Secrets.” (Id. ¶ 2). 

16. To the extent that I may have unknowingly used a “misappropriated” product or 

software belonging to the Plaintiff during BAM’s engagement with or my employment at STT, I 

was unaware at the time of the product or software’s provenance, that it belonged to the Plaintiff, 

or that it may have been misappropriated from the Plaintiff. 

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Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 5 of 20
EXHIBIT A 

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EXHIBIT B 

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EXHIBIT C 

Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 13 of 20
Form W-9

(Rev. December 2014)

Department of the Treasury

Internal Revenue Service

Request for Taxpayer

Identification Number and Certification

Give Form to the

requester. Do not

send to the IRS.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

Bohen Asset Management LLC

2 Business name/disregarded entity name, if different from above

I I Trust/estate

X c

n

i i

Q . 0

3 Check appropriate box for federal tax classification; check only one of the following seven boxes:

[7] Individual/sole proprietor or I I C Corporation I I S Corporation | | Partnership

single-member LLC

[H Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶

Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for

the tax classification of the single-member owner.

[~1 Other (see instructions) ▶

4 Exemptions (codes apply only to

certain entities, not individuals; see

instructions on page 3):

Exempt payee code (if any)

Exemption from FATCA reporting

code (if any)

(Applies to accounts maintained outside the U.S.J

5 Address (number, street, and apt. or suite no.;

6 City, state, and ZIP code

Sheridan, Ml 48884

Requester's name and address (optional)

7 List account number(s) here (optional)

!?':iill Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid

backup withholding. For individuals, this is generally your social security number (SSN). However, for a

resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other

entities, it is your employer identification number (EIN). If you do not have a number, see How to get a

TIN on page 3.

Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for

guidelines on whose number to enter.

Social security number

o r

■ i/Tilll Certification

Employer identification number

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2 I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am

no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding

because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage

interest paid acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and

generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the

instructions on page 3.

Date*

icttons

Lf/jo/l-Oti

General Instructions

Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. Information about developments affecting Form W-9 (such

as legislation enacted after we release it) is at www.irs.gov/fw9.

Purpose of Form

An individual or entity (Form W-9 requester) who is required to file an information

return with the IRS must obtain your correct taxpayer identification number (TIN)

which may be your social security number (SSN), individual taxpayer identification

number (ITIN), adoption taxpayer identification number (ATIN), or employer

identification number (EIN), to report on an information return the amount paid to

you, or other amount reportable on an information return. Examples of information

returns include, but are not limited to, the following:

• Form 1099-INT (interest earned or paid)

• Form 1099-DIV (dividends, including those from stocks or mutual funds)

• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)

• Form 1099-B (stock or mutual fund sales and certain other transactions by

brokers)

• Form 1099-S (proceeds from real estate transactions)

• Form 1099-K (merchant card and third party network transactions)

• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T

(tuition)

• Form 1099-C (canceled debt)

• Form 1099-A (acquisition or abandonment of secured property)

Use Form W-9 only if you are a U.S. person (including a resident alien), to

provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject

to backup withholding. See What is backup withholding? on page 2.

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number

to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If

applicable, you are also certifying that as a U.S. person, your allocable share of

any partnership income from a U.S. trade or business is not subject to the

withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are

exempt from the FATCA reporting, is correct. See What is FATCA reporting? on

page 2 for further information.

Cat. No. 10231X Form W-9 (Rev. 12-2014)

Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 14 of 20
Bohen Asset Management LLC

tim@bohenam.com

INVOICE

BILL TO

Stocks To Trade

Bohen Asset Mgmt.

aMM

INVOICE* 1009

DATE 04/30/2016

DUE DATE 05/01/2016

TERMS Due on receipt

ACTIVITY

Services

Services Rendered for April 2016

QTY

1

RATE AMOUNT

BALANCE DUE

Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 15 of 20
EXHIBIT D 

Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 16 of 20
a Employee’s social security number

OMB No. 1545-0008

Safe, accurate, 

FAST! Use

Visit the IRS website at 

www.irs.gov/efile

b Employer identification number (EIN)

c Employer’s name, address, and ZIP code

d Control number

e Employee’s first name and initial Last name Suff.

f Employee’s address and ZIP code

1 Wages, tips, other compensation 2 Federal income tax withheld

3 Social security wages 4 Social security tax withheld

5 Medicare wages and tips 6 Medicare tax withheld

7 Social security tips 8 Allocated tips

9 10 Dependent care benefits

11 Nonqualified plans 12a See instructions for box 12 C

o 

d 

e

12b

C

o 

d 

e

12c

C

o 

d 

e

12d

C

o 

d 

e

13 Statutory 

employee Retirement 

plan

Third-party 

sick pay

14 Other

15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name

Form W-2 Wage and Tax 

Statement 2016 Department of the Treasury—Internal Revenue Service

Copy B—To Be Filed With Employee’s FEDERAL Tax Return. 

This information is being furnished to the Internal Revenue Service.

StocksToTrade.Com, Inc.

222 Main St, STE 500

Salt Lake City UT 84101 0

0

Timothy C Bohen 0

Sheridan MI

MI

Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 17 of 20
a Employee’s social security number

OMB No. 1545-0008

Safe, accurate, 

FAST! Use

Visit the IRS website at 

www.irs.gov/efile

b Employer identification number (EIN)

c Employer’s name, address, and ZIP code

d Control number

e Employee’s first name and initial Last name Suff.

f Employee’s address and ZIP code

1 Wages, tips, other compensation ome tax withheld

3 Social security wages 4 Social security tax withheld

5 Medicare wages and tips 6 Medicare tax withheld

7 Social security tips 8 Allocated tips

9 Verification code 10 Dependent care benefits

11 Nonqualified plans 12a See instructions for box 12 C

o 

d 

e

12b

C

o 

d 

e

12c

C

o 

d 

e

12d

C

o 

d 

e

13 Statutory 

employee Retirement 

plan

Third-party 

sick pay

14 Other

15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name

Form W-2 Wage and Tax 

Statement 2017 Department of the Treasury—Internal Revenue Service

Copy B—To Be Filed With Employee’s FEDERAL Tax Return. 

This information is being furnished to the Internal Revenue Service.

StocksToTrade Com Inc

222 Main St, STE 500

Salt Lake City UT 84101 0

0

Timothy C Bohen 0 D

Sheridan MI 48884

MI

Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 18 of 20
a Employee’s social security number

OMB No. 1545-0008

Safe, accurate, 

FAST! Use

Visit the IRS website at 

www.irs.gov/efile

b Employer identification number (EIN)

c Employer’s name, address, and ZIP code

d Control number

e Employee’s first name and initial Last name Suff.

f Employee’s address and ZIP code

1 Wages, tips, other compensation 2 Federal income tax withheld

3 Social security wages 4 Social security tax withheld

5 Medicare wages and tips 6 Medicare tax withheld

7 Social security tips 8 Allocated tips

9 Verification code 10 Dependent care benefits

11 Nonqualified plans 12a See instructions for box 12 C

o 

d 

e

12b

C

o 

d 

e

12c

C

o 

d 

e

12d

C

o 

d 

e

13 Statutory 

employee Retirement 

plan

Third-party 

sick pay

14 Other

15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name

Form W-2 Wage and Tax 

Statement 2018 Department of the Treasury—Internal Revenue Service

Copy B—To Be Filed With Employee’s FEDERAL Tax Return. 

This information is being furnished to the Internal Revenue Service.

StocksToTrade Com Inc

135 S State College Blvd, Ste. 200

Brea CA 92821 0

0

Timothy C Bohen 0 D

DD

Sheridan MI 48884

MI

Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 19 of 20
a Employee’s social security number

OMB No. 1545-0008

Safe, accurate, 

FAST! Use

Visit the IRS website at 

www.irs.gov/efile

b Employer identification number (EIN)

c Employer’s name, address, and ZIP code

d Control number

e Employee’s first name and initial Last name Suff.

f Employee’s address and ZIP code

1 Wages, tips, other compensation 2 Federal income tax withheld

3 Social security wages 4 Social security tax withheld

5 Medicare wages and tips 6 Medicare tax withheld

7 Social security tips 8 Allocated tips

9 10 Dependent care benefits

11 Nonqualified plans 12a See instructions for box 12 C

o 

d 

e

12b

C

o 

d 

e

12c

C

o 

d 

e

12d

C

o 

d 

e

13 Statutory 

employee Retirement 

plan

Third-party 

sick pay

14 Other

15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name

Form W-2 Wage and Tax 

Statement 2019 Department of the Treasury—Internal Revenue Service

Copy B—To Be Filed With Employee’s FEDERAL Tax Return. 

This information is being furnished to the Internal Revenue Service.

StocksToTrade Com Inc

135 S State College Blvd, Ste. 200

Brea CA 92821 0

0

Timothy C Bohen 0 D

DD

Sheridan MI 48884

MI

Case 1:20-cv-22957-RNS Document 39-1 Entered on FLSD Docket 10/05/2020 Page 20 of 20