If the prosecutor wanted to charge Frank with embezzlement, then Frank would already have been indicted. But Frank has not been is not an embezzler.
What this question is testing
Your task
Break the argument into its conclusion and evidence, then do exactly what the question stem asks with that structure.
Common trap
Answers that sound relevant to the topic but don't connect to the argument's actual reasoning.
Winning move
Predict what a right answer must do, then test each choice against the conclusion-evidence gap.
Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.