The fire sale that occurred prompted the buyers to grab the chance of what seemed to be a good opportunity of purchasing stocks mostly at a price lower than its current market value. In the film, the timeframe of the sale interestingly enough also determined the value of the stocks. In the first hours the price still ranges within 90 cents to a dollar but in the subsequent hours, their cost eventually plummeted where one sale by Will Emerson went down to as low as 65 cents to a dollar. These are clear indications that there was a scheme to defraud. The victims represented by the State, through the federal government’s investigation, will win in the court of law given the circumstances prior to the fire sale and during the execution of their scheme. There were a series of overt acts committed by the executive committee and even the sales team who were informed by their boss Sam Roger during their meeting of what will go down. In fact, they have been offered an incentive if they are able to sell 93% and another incentive if the whole team reaches the same goal. In the phone conversations Emerson had with several clients, some were asking him what they were up to aware of the buzz that they are selling massive company holdings. He kept mum about the situation and insisted “my lost is your gain” prompting them to buy immediately (Chandor, Margin Call). The company committed Fraud through inducement rendering the contract voidable with the presence of the following
a. A false representation positive statement or conduct that misleads.
b. The fact an event that occurred or thing that exists
c. The materiality of substantial importance.
d.Knowledge of falsity and intention to deceive (called scienter) and includes (1) actual knowledge, (2) lack of belief in state’s truthfulness, or (3) reckless indifference to its truthfulness.
e. Justifiable reliance a defrauded party is reasonably influenced by the misrepresentation.