(Bloomberg) -- A senior executive accused of stealing millions of dollars from investors by lying about the the extent of his firm’s fine wine collection won a bid to appeal a decision to extradite him to the US. 

Andrew Fuller, the ex-chief financial officer of Bordeaux Cellars Ltd., is accused by US prosecutors of defrauding investors out of at least $99 million through the alleged Ponzi scheme. Fuller appealed against a previous London court’s decision that he should be sent to the US to face criminal charges. 

A High Court judge ruled Thursday that the appeal should be allowed and there was a “real concern” that the judge asked and answered the wrong questions. A date for the appeal is yet to be set. 

Fuller and the firm’s founder, Stephen Burton, face fraud and money laundering charges in the US. They flew to investor conferences in several countries raising money by misleading investors about the firm’s lenders and vintage and size of the wine collection, according the court documents cited in an earlier hearing.

Fuller’s lawyers argued at the hearing that the appeal should go ahead as most of the loss and harm that the alleged offenses created were not in the US.

Lawyers representing Fuller and the US didn’t immediately respond to requests for comment. 

In 2019 Burton pleaded guilty to money laundering in a UK court in connection with Bordeaux Cellars and was sentenced to less than four years in prison.

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