Confiscation of Assets

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Confiscation Order - Third Party Interest - Director - Shares & Business Saved

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Re: TBB Ltd

An owner of a beauty salon with a turnover of more than £1.4 million, became very concerned after various members of her family had been arrested, investigated and convicted for a drugs conspiracy. Although there was no suggestion of any criminality whatsoever against our client, her concern arose from the fact that one of the shareholders (who had also been a previous director) had now been convicted of conspiracy to supply Class A drugs and was now facing confiscation proceedings. Our client was quite clearly concerned about the powers available to the court under Poca legislation and that the business was at risk if it was construed as a potential asset of the defendant in these proceedings.

We advised our client and her business to take all the necessary steps to assert her claim and devised a strategy designed to protect her interests in the firm. We analysed the business records and prepared evidence that clearly showed that our client was the actual owner and beneficiary of the company and that the defendant had no practical interest apart from being guarantor to a business loan. The prosecution accepted our assertions and withdrew their claim before the matters going to a full hearing.

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