1. Given that Sisuphan returned the cash, was it fair of the dealership’s general manager to terminate Sisuphan’s employment? Why or why not?

2. Why was Sisuphan convicted of embezzlement instead of larceny? What is the difference between these two crimes?

As the Director of Finance at Toyota of Marin (the dealership), [Appellant Lou Surivan] Sisuphan managed the financing contracts for vehicle sales and worked with lenders to obtain payment for these transactions. Sisuphan complained repeatedly to management about the performance and attitude of one of the finance managers, Ian McClelland (McClelland). General manager Michael Christian (Christian) opted not to terminate McClelland “because he brought a lot of money into the dealership.”