1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI-DADE DIVISION

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 STEPHAN TOUIZER IN SUPPORT OF PLAINTIFF’S

OPPOSITION TO DEFENDANT TIMOTHY C. BOHEN’S MOTION TO DISMISS

I, Stephan Touizer, declare and state as follows:

1. I have personal knowledge of the facts contained herein and if called to testify I 

could and would competently testify thereto.

2. I am the founder of Plaintiff Scanz Technologies, Inc. (“Scanz”) and act in its dayto-day affairs as President and Chief Executive Officer. This is the role I have continuously held 

since Scanz was formed in 2003, at which time Scanz was known as MicrocapTrade, Inc. The 

Case 1:20-cv-22957-RNS Document 46-1 Entered on FLSD Docket 10/19/2020 Page 1 of 8
2

corporation changed its name to EquityFeed in 2007. None of the Scanz shareholders have 

ever nominated or even suggested that another principal lead the company, directly or 

indirectly. In 2018, EquityFeed Corporation began doing business under the trade name Scanz 

Technologies, Inc. pursuant to an internal corporate reorganization. 

3. The way that Scanz maintains its corporate records involves both electronic and 

paper files, including via cloud-based and electronic media storage facilities. Though I am not 

the Custodian of Records of the physical paper files of Scanz (that role is held by our corporate 

lawyer), I am the custodian of the company’s business records that are housed electronically in 

computer and cloud-based storage facilities. In this regard, I attest that it is Scanz’ invariable 

business practice to make and maintain all of these records and files involved in cloud-based 

and computerized storage at or about the time of the events recorded therein and in the 

ordinary course of its business. Furthermore, I attest that during each year’s internal audit 

within Scanz there is a reconciliation of the company’s paper records with its electronic records, 

and at no time since 2003 has there ever been a discrepancy between the two, such that the 

electronic records of Scanz I am custodian of are identical to any paper records maintained by 

the Company. 

4. Attached hereto as Exhibit 1 is a disc containing four video files which are 

YouTube videos posted by Timothy Bohen some six years ago, available at www.youtube.com. 

I downloaded these files directly from Youtube.com on October 17, 2020 using Snagit screen 

capture and recording software. As the Court can see, these YouTube videos reflect on the 

screen that they were posted to the Internet by Mr. Bohen at various points throughout 2014. 

The disc is being lodged with this Court concurrently herewith. In addition, URL links associated 

with each of these four videos of Mr. Bohen are as follows: 

https://www.youtube.com/watch?v=fwa4XDTP0HU

https://www.youtube.com/watch?v=zz-Tvao1YpU

https://www.youtube.com/watch?v=gjQbrmrzDFU

Case 1:20-cv-22957-RNS Document 46-1 Entered on FLSD Docket 10/19/2020 Page 2 of 8
3

https://www.youtube.com/watch?v=HNuh-dLXoQ8

Upon clicking on these hyperlinks, anybody with access to the Internet can see Mr. 

Bohen’s YouTube videos and watch the videos for themselves. 

5. Attached hereto as Composite Exhibit 2 are eleven screenshots I captured of 

moments in time within each of the four YouTube postings reflected by Exhibit 1. I captured 

these screenshots using Snagit screen capture and recording software. These eleven

screenshots reflect the following digital time-stamps within the four 2014 videos posted to 

YouTube by Mr. Bohen:

● Date Posted on YouTube: May 13, 2014

Link to Video: https://www.youtube.com/watch?v=zz-Tvao1YpU

Time code on video: 03:33 to 03:37

● Date Posted on YouTube: May 29, 2014

Link to Video: https://www.youtube.com/watch?v=gjQbrmrzDFU

Time code on video: 05:38 to 05:40

● Date Posted on Youtube: August 06, 2014

Link to Video: https://www.youtube.com/watch?v=fwa4XDTP0HU

Time code on video: 04:47 to 04:54

● Date Posted on Youtube: May 13, 2014

Link to Video: https://www.youtube.com/watch?v=zz-Tvao1YpU

Time code on video: 01:06 to 01:33 

● Date Posted on Youtube: May 13, 2014

Link to Video: https://www.youtube.com/watch?v=zz-Tvao1YpU

Time code on video: 03:06 to 03:52 

● Date Posted on Youtube: May 29, 2014 

Link to Video: https://www.youtube.com/watch?v=gjQbrmrzDFU

Time code on video: 00:01 to 00:33 

● Date Posted on Youtube: May 29, 2014

Link to Video: https://www.youtube.com/watch?v=gjQbrmrzDFU

Time code on video: 05:00 to 05:14 

● Date Posted on Youtube: March 17, 2014

Link to Video: https://www.youtube.com/watch?v=HNuh-dLXoQ8

Time code on video: 05:47 to 05:58

● Date Posted on Youtube: May 13, 2014

Case 1:20-cv-22957-RNS Document 46-1 Entered on FLSD Docket 10/19/2020 Page 3 of 8
4

Link to Video: https://www.youtube.com/watch?v=zz-Tvao1YpU

Time code on video: 00:22 to 00:38 

● Date Posted on Youtube: August 06, 2014

Link to Video: https://www.youtube.com/watch?v=fwa4XDTP0HU

Time code on video: 00:00 to 00:05 

● Date Posted on Youtube: May 13, 2014

Link to Video: https://www.youtube.com/watch?v=zz-Tvao1YpU

Time code on video: 00:00 to 00:19 

On each of these screenshots illustrated as Exhibit 2, the Court can see a man I believe 

to be Mr. Bohen in the flesh on the bottom right and left-hand corners of each screen that I’ve 

captured. The Court can also see the StocksToTrade logo on the main Launchpad module as 

well as an operational stock scanning & market analysis platform, labeled “StocksToTrade 

Application” in the Apple Mac title bar, which I represent to the Court appears to be identical to 

the one licensed to JewMon Enterprises, Inc. pursuant to the license agreement in 2013. On 

the top of the pages of Exhibit 2 (No. 3 - No. 11), I have placed in quotation marks the words 

uttered by Mr. Bohen at the foregoing nine digital time-stamps within the four YouTube videos 

identified as Exhibit 1.

6. Mr. Bohen sought and received direct access to Scanz’ stock scanning & market 

analysis platform and related technologies in October of 2013 (Scanz was known as EquityFeed 

Corporation at the time), when Mr. Bohen bought and sustained a personal subscription to our 

stock scanning & market analysis platform at a cost of USD $179.00 per month. Mr. Bohen 

maintained this relationship during the months of October 2013, November 2013, December 

2013 and January 2014. Attached hereto as Composite Exhibit 3 is a compilation of true and 

correct copies of the invoices sent directly to Mr. Bohen’s email address related to his accessing 

the Scanz platform and technologies. Attached hereto as Exhibit 4 is a true and correct copy of 

the account history maintained in the business records of Scanz with respect to Mr. Bohen’s 

account. As can be seen by that account history, Mr. Bohen paid for his subscription to our 

Case 1:20-cv-22957-RNS Document 46-1 Entered on FLSD Docket 10/19/2020 Page 4 of 8
5

platform and technologies using a VISA card ending in 4729. Mr. Bohen provided Scanz with 

his email address at tim@bohenam.com and maintained his account and all communications

with Scanz through that email address. 

7. It has always been Scanz’ custom and practice for me to attempt to provide a 

personal experience to each subscriber of our stock scanning and market analysis technologies. 

Accordingly, I regularly access our computerized databases to assess the clientele using our 

platform. In this way, I am able to monitor customer usage of the system’s modules to 

determine the most popular modules, and to also detect any individual user’s system “crashes” 

or malfunctions during critical trading hours. I recall in 2013 and early 2014 seeing in my 

regular supervision of our clientele that Mr. Bohen was actively using the Scanz products he 

purchased from us and that Mr. Bohen was a regular user of the Scanz platform during a very 

large portion of the four months reflected by the invoices.

8. At the time of Mr. Bohen’s YouTube postings in 2014 reflected by Exhibits 1 and 

2, all users of the StocksToTrade stock scanning and market analysis platform were in fact 

using the “white label” technology platform provided to Jewmon Enterprises, Inc. by Scanz 

pursuant to the license agreement referenced in the Complaint in this matter. Because of 

Scanz’ insistence on always vigorously protecting its ownership of these technologies, 

particularly during the pendency of the “white label” license agreement and at all times prior to 

approximately April of 2015, the following mechanisms and screen labeling were built into the 

“white label” product:

(a) Upon reaching the StocksToTrade website itself at www.stockstotrade.com,

every user would then see a disclaimer notification identifying that the Plaintiff (known at the 

time as EquityFeed Corporation) owned the technology that user was purchasing and accessing 

through StocksToTrade’s website. Attached hereto as Exhibit 5 is a true and correct copy of the 

defendant StocksToTrade.com’s website at the time, in 2014, which I obtained from the 

Wayback Machine (www.waybackmachine.com), by accessing the following link: 

Case 1:20-cv-22957-RNS Document 46-1 Entered on FLSD Docket 10/19/2020 Page 5 of 8
6

https://web.archive.org/web/20141217000744/http://stockstotrade.com on October 17, 2020. 

The Wayback Machine is a site that regularly houses material from the Internet going back 

decades and allows anybody to go back in time and see the identical condition of virtually any 

website’s state at a particular moment in history. The footer at the bottom of the page taken 

from the StocksToTrade website contains the following disclaimer: “The StocksToTrade 

software is powered and delivered by EquityFeed.com. When you subscribe to StocksToTrade, 

your relationship is directly with Equityfeed.com. You understand and agree that 

StocksToTrade.com is not responsible for the delivery, quality or support of the StocksToTrade 

software, or for fulfilling any of the terms of your agreement with Equityfeed.com. 

StocksToTrade.com does not warrant or assume any responsibility for, and shall have no 

responsibility or liability in connection with the StocksToTrade software or your use or reliance 

on such service. Please contact Equityfeed.com directly for customer service, billing, technical 

support or any other inquiries with respect to the StocksToTrade software;” and

(b) As a matter of redundancy and to assure repetitive disclaimer activity for all

users of StocksToTrade during the license agreement, our technologists at Scanz built into the 

StocksToTrade market analysis application a pop-up system where, while using the 

StocksToTrade application, every user would also periodically experience a pop-up window that 

randomly appeared on their screen during use of StocksToTrade. This pop-up window included 

the text “EquityFeed Application” to remind them that they were using Plaintiff’s (known as 

EquityFeed Corporation at the time) product. Composite Exhibit 2 (No. 1) hereto shows that Mr. 

Bohen during his May 13, 2014 YouTube video posting actually experienced this pop-up 

window reminding him that he was in the process of using EquityFeed’s products through 

StocksToTrade’s application. The video shows Mr. Bohen explicitly clicking the “Ok” button to 

close the pop-up window. I am informed and believe that it is Mr. Bohen’s face on the bottom 

left hand corner of the screen. I am informed and believe that Mr. Bohen saw this exact pop-up

window on numerous occasions during his utilization of StocksToTrade’s products during 2014 

Case 1:20-cv-22957-RNS Document 46-1 Entered on FLSD Docket 10/19/2020 Page 6 of 8
7

and at all times up to and including approximately April of 2015. Composite Exhibit 2 (No. 2) 

shows a system menu embedded within the StocksToTrade platform with the option “Close EF 

[EquityFeed] System” as the last option on the menu. I am informed and believe that Mr. Bohen 

saw and accessed this exact system menu each and every time he utilized StocksToTrade’s 

products during 2014 and at all times up to and including approximately April of 2015.

9. Attached hereto as Composite Exhibit 6 is a true and correct copy of corporate 

records I obtained from http://search.sunbiz.org/ confirming the Florida organization and 

existence for JewMon Enterprises, LLC, listing Timothy Sykes and Zachary Westphal as its 

principals with offices in Miami, FL, as well as its apparent name change to Millionaire 

Publishing, LLC in 2017.

10. Attached hereto as Exhibit 7 is a true and correct copy of corporate records I 

obtained from http://search.sunbiz.org/ confirming the Florida organization and existence for 

Millionaire Publishing, LLC listing Timothy Sykes and Zachary Westphal as its principals with 

offices in Miami, FL.

11. Attached hereto as Exhibit 8 is a true and correct copy of corporate records I 

obtained from http://search.sunbiz.org/ confirming the Florida organization and existence for 

Millionaire Media, LLC listing Timothy Sykes and Joann Sykes as its principals with offices in 

Boca Raton, FL.

12. Attached hereto as Exhibit 9 is a true and correct copy of the Annual Report I 

obtained from http://search.sunbiz.org/ confirming the Florida organization and existence for 

Millionaire Media I, LLC, listing Timothy Sykes and Joann Sykes as its principals with offices in 

Miami, FL.

///

///

///

///

Case 1:20-cv-22957-RNS Document 46-1 Entered on FLSD Docket 10/19/2020 Page 7 of 8
Case 1:20-cv-22957-RNS Document 46-1 Entered on FLSD Docket 10/19/2020 Page 8 of 8