The former Bosnian ambassador to the United Nations cannot be extradited on mere accusations that he stole $2.4 million in government money while working in New York, a divided federal appeals court ruled Wednesday.

The 2nd U.S. Circuit Court of Appeals, addressing a question of first impression, said Muhamed Sacirbey could not be ordered to Bosnia because a treaty to which the United States is a party only authorizes extradition where an individual is “charged” with a crime, but “nothing more than a criminal investigation of Sacirbey is now pending in Bosnia.”

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