Prosecutors are trying to force a shamed Perthshire businessman to sell his luxury holiday home in France in a bid to recoup some of his criminal earnings.
Stuart Newing-Davis is fighting to hold on to the £450,000 property, since his wife, who still lives in it, is battling mental health issues.
The details emerged in a proceeds of crime hearing at Perth Sheriff Court this week.
The Crown and Her Majesty’s Revenue and Customs (HMRC) are pursuing Newing-Davis in an effort to recoup some of the money he still owes from a massive VAT fraud.
The 48-year-old, formerly of Bankfoot, was jailed for 32 months last June after he admitted evading VAT totalling £174,179.3 while he worked as a director of Trainpeople.co.uk between March 3, 2010, and June 7, 2011.
Newing-Davis falsified accounts for the recruitment and training firm to help another of his businesses, Ptarmigan Transport Solutions, and to fund a lavish lifestyle which included the house in France and a nanny to look after his two children.
He claims the property should not be part of the equation when it comes to seizing his assets.
Paul Harvey QC, who represented Newing-Davis, at the hearing, said: “My client has a half-share to this house his wife lives in over in France.
“The nub of the matter though is whether this property should be considered in this action and my client feels it should not as his wife has been subject to the French equivalent of a compulsion order as she suffers from mental health problems.
“It’s a matter of French law and needs to be examined, but this is the main bone of contention between the parties concerned.”
Mr Harvey passed a series of documents relating to the house to Sheriff William Wood.
Depute fiscal Jennifer Johnson, who specialises in proceeds-of-crime legal cases, told the court she had received late notification of the matter from Mr Harvey.
She said she would be seeking the help of the International Co-operation Unit — part of the Crown Office and Procurator Fiscal Service — and would need more time to look into the issues.
Ms Johnson said the French property was valued at £450,000 and the Crown would be looking to seize £154,000 to represent Newing-Davis’s share.
A procedural hearing has now been set for July 20, at which Newing-Davis’s attendance is excused.
A further date for the proceeds-of-crime case will be agreed then.
