Tommy and Niki Were Both Bright and Ambitious Young Analysts

Tommy and Niki were both bright and ambitious young analysts with Premier Investments Inc. The president announced that they were both under consideration for promotion to vice- president and a hefty increase in salary. Given recent scandals in the financial world, Tom knew that the president was anxious to uphold the company's reputation for honesty. Tom therefore concocted an allegation that Niki had wrongfully diverted client funds to her own personal use. The president immediately fired Niki upon hearing the allegation. It eventually became clear, however, that Tom's allegation was totally false and that Niki had never acted improperly. Niki then sued Tom for malicious prosecution. The judge, however, rejected her claim. The judge might properly have found in favour of Tom on the basis that

A) The truth came to light before Niki had been charged with any crime.
B) company records showed that Tom was a better employee than Niki.
C) Tom's primary motivation was to hurt Niki, rather than help himself.
D) Niki had committed fraud while working for another company years earlier, even though Tom knew that she was not guilty of the crime that he alleged.
E) the tort of malicious prosecution is available only against a police officer.