Question 1

Jeff owns a fleet of vintage cars and he takes his favorite model, a 1947 Corvette, to a special auto body shop to have a new engine installed. Mario, the owner of the auto body shop, promises Jeff that the car will be ready in three days. However, the day after Jeff leaves the car in Mario's care, A.J. offers Mario $75,000 for the car. Mario sells the car to A.J. and puts the money he makes into an off shore account. If Mario is charged with embezzlement, he will probably be

Acquitted, because he formed the intent to take the car after it was in his possession.

Acquitted, because he got caught.

Convicted, because he formed the intent to take the car after it was in his possession.

Convicted, because he broke a promise to return the car.

Question 2

Jeff owns a vintage 1947 Corvette. Mario, an auto body mechanic, sees the car and tells Jeff that for $100 he can soup up the engine. Jeff decides to take Mario up on his offer and he leaves the car with Mario. What Jeff does not know is that Mario is not really a mechanic and that Mario has no intention of souping up the car. Instead, Mario plans on selling the car to his friend A.J., which he does for $75,000. If Mario is charged with embezzlement, he will probably be:

Acquitted, because he came into possession of the car unlawfully.

Acquitted, because he sold the car for market value.

Convicted, because he sold the car without Jeff's permission.

Convicted, because he kept the money he made from the sale.