Moon Jockey Enterprises has revolutionized global shipping by ejecting packages intothesub-orbit atmosphere. This propulsion shipping method has lowered fuel costs to almost zero whileincreasing the global transit speed of small goods. Moon Jockey trades on the New York StockExchange for $580 per share. Moon Jockey's CEO, Coyle, is aneccentric, self-styled Renaissanceman interested in everything from Formula 1 racing to party politics to mining Venusian ore. Hehas over 18 million Twitter followers. Coyle's lofty ideas often clash with the more practicalmembers of Moon Jockey's boardof directors especially Kellerman and Murray who havepositioned themselves as Coyle's de factocounterweights.

After a particularly heated board meeting in Manhattan, Coyle and his staff, Lonnegan,Hooker, and Turner head to the airport in an Uber driven by Montana. Coyle says, "I've had itwith those pinheads, Kellerman and Murray. I may just take the company private." Before any ofthe staff could weigh in, Coyle's tweet was sent. It read, "I should just take MJE private. $$secured, ready already to blast off." Turner was worked into a frenzy. "You know there's nofunding secured or plans to take Moon Jockey private, sir," he said. "This could be a hugeproblem." Coyle replied, "Fix it, then. I worry about the vision,youworry about the rest." Turnerimmediately took out the board of director meeting minutes and added an entry: "CEO proposesmkt delist-privateequity tbd. Tabled until further notice." Turner also texted his assistant,Hansen, on vacation in Colorado-"ASAP prospectus needed on taking MJE private-investors,funding, etc. Backdate it at least 3 weeks. Close hold." Turner then sent Hansen the "Speak-No-Evil Monkey Emoji," a small cartoon of a monkey with both hands covering its mouth. Hansenread and then deleted the texts and began working on the prospectus, first altering the time on herlaptop to make the metadata appear as if it was enteredtwo weeks earlier.

In the meantime, activity abound in the Uber. Montana had one eye on the road and one onhis phone as he texted his wife, Hancock, telling her to liquidate their Ameritrade account and buyas many shares as they could of Moon Jockey, which she did. Lonnegan and Hooker were textingback and forth to one another on WhatsApp about the opportunity this presented fort hem. Inshortorder,theydiverted5,000sharesofMoonJockeystocktoalimitedliabilitycompanywith an optionto buy theshares back at $500 per share within 20 days. As they arrived at JFKairport, the Skycap,Fowler, began unloading their bags and performing the curbside check-in. As the twelve bags wereloaded and checked in, Hooker, a notorious skinflint, began the familiar futile pat down of his suitpockets. "No cash," Hooker said, exhaling loudly. "Tell you what, I got something better for you,buy Moon Jockey, like today. Take that to the bank." Fowler shook his head and muttered anexpletive. Fowler's uncle recentlydied and left him $10,000 in cash. He decides to put all of it inplay, buying just over 17 shares of Moon Jockeystock.

By now, Coyle's tweet is trending and Moon Jockey's stock price increased by more than9 percent on significantly increased volume. Itclosed up 14 percent from the previous day'strading. All of the trades above realize significant gains and Lonnegan and Hooker execute theiroptions.

You are the Assistant United States Attorney assigned to this investigation. Whowould you charge with white-collar crimes and why?

Then, pick one specific instances of criminal activity, list the elements that must be proven, and what evidence from the prompt you would use to establish each element.Make the case!