Me. MOHAMED HOUZMALI
A lawyer registered with the Nador Bar since 2021, I specialise in business law, commercial law, family law, real estate law and criminal law

Learn how to classify the fraud, compile evidence, file a complaint, request an asset freeze and pursue compensation.
Nadia Berrada
Legal Editor — Tax Law
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An investment scam in Morocco is not merely an investment that went wrong. For conduct to constitute fraud, Article 540 of the Criminal Code requires fraudulent manoeuvres intended to deceive the victim and obtain the delivery of money, securities or property. A fake platform, fabricated profit statements, falsely claiming to be a financial adviser or promising a guaranteed return are serious indicators. A loss arising from a clearly disclosed risk is not, by itself, sufficient to establish the offence.
Article 540 punishes fraud with one to five years’ imprisonment and a fine of 500 to 5,000 MAD. Additional charges may be brought where the scheme involves forged contracts, a false identity, money laundering or the unlawful conduct of a regulated activity. Criminal punishment and compensation are separate matters: imprisonment punishes the offender, while restitution of funds and damages require the victim to submit a specific civil claim.
The breach of trust offence under Article 547 of the Criminal Code concerns a different situation. The money was initially entrusted lawfully for a specified purpose, then misappropriated or dissipated to the detriment of its owner. This includes, for example, a manager who receives funds to purchase specified shares but uses them for personal purposes. In its ordinary form, breach of trust is punishable by six months to three years’ imprisonment and a fine of 200 to 2,000 MAD, subject to any aggravating circumstances provided for by law.
Banking and market activities are also regulated. Law No. 103-12 on credit institutions governs, in particular, the receipt of funds from the public and replaces former Law No. 34-03. Law No. 43-12 establishes the Moroccan Capital Market Authority, while Law No. 44-12 governs public offerings and the information required from issuers. A company that collects savings, provides investment advice or offers financial instruments without authorisation may therefore commit both a financial offence and fraud.
Ponzi schemes and certain MLM structures become criminally suspicious when returns to earlier participants are paid with money from new entrants, without any genuine economic activity. The same applies to a forex or crypto platform that displays fake profits and then demands a purported release tax. In practical terms, the case file must demonstrate the initial deception, the transfer of funds, the loss and the link between these elements. This classification will guide the Public Prosecutor’s Office, the AMMC and seizure applications.
Before alerting the offender, save everything that could disappear. Retain the contract, general terms and conditions, prospectuses, bank details, Western Union receipts, transfer orders and statements showing the debit. Download transaction histories from the platform before the account is blocked. If the money passed through a relative’s account, that person should also request their statements and prepare a declaration explaining the origin and destination of the payment.
WhatsApp, Telegram and Messenger conversations and emails may be submitted in criminal proceedings. Article 286 of the Code of Criminal Procedure establishes freedom of evidence, unless otherwise specifically provided, but the court assesses the reliability of each item. An isolated, undated screenshot is easily challenged. Export the full conversation, retain the original phone, record the number, profile address and date, and promptly have a judicial officer draw up an official report where the financial stakes justify it.
Electronic evidence is recognised by Articles 417-1 et seq. of the Code of Obligations and Contracts, introduced by Law No. 53-05 on the electronic exchange of legal data. It must still be possible to identify its author and guarantee the integrity of the document. An original file, its metadata and an unaltered backup carry more weight than a series of cropped images. For a website, the official report should record the exact address, time, legal notices, commercial promises and, if possible, the domain name.
Next, prepare a two- or three-page chronology. For each event, state the date, contact person, promise made, amount paid and corresponding exhibit. Distinguish the capital actually paid from fictitious profits displayed on the screen. Add known identities, telephone numbers, vehicle registration numbers, addresses, OMPIC companies and bank references. This table saves the judicial police considerable time and enables the judge to identify quickly the accounts to be seized.
Never hack an account to obtain evidence or publish the suspect’s personal data on social media. Evidence obtained unlawfully may trigger separate proceedings against the victim and alert the offender before their property is frozen. Instead, provide investigators with a working copy while retaining the originals. For foreign-language documents, the Public Prosecutor’s Office or court may require a translation prepared by a sworn translator.
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A lawyer registered with the Nador Bar since 2021, I specialise in business law, commercial law, family law, real estate law and criminal law
Holder of a Bachelor’s degree in Legal Sciences (Private Law) – French Section, awarded in 2013, Maître Zakaria BELKASSEH also holds a Master’s degree in Legal Sciences – Business Law Option, with the grade « Bien », from the Faculty of Legal, Economic and Social Sciences – Rabat Agdal – Université Mohammed V in 2015 In February 2016, he was sworn in and registered with the Casablanca Bar Association, placing his know-how and his constant determination to succeed at the service of the clients of CABNET BELKASSEH LAW FIRM, in order to provide them with a quality service that meets their expectations and requirements.
A lawyer since 1993 and a member of the El Jadida Bar since 2015, holder of a doctorate in law and admitted to practise before the Court of Cassation. With more than thirty years of legal practice and representation before the Moroccan courts, I handle civil law, commercial and business law, real estate law, family and matrimonial law, and administrative law. I provide legal advice, representation and the defence of my clients' interests throughout the national territory, favouring effective legal solutions tailored to each situation.
Three avenues may be pursued together. Reporting the matter to the AMMC helps determine whether the operator is authorised, link multiple cases and, where appropriate, initiate an administrative inspection. A criminal complaint allows the authorities to identify offenders, conduct searches, seize devices and prosecute the fraud. A civil claim seeks restitution of the capital and compensation for the loss. Caution: a form sent to the AMMC or Bank Al-Maghrib never replaces a complaint filed with the Public Prosecutor’s Office or judicial police.
The AMMC receives complaints and reports concerning financial instruments, market participants and unlawful solicitations of investors. It may investigate within the limits of its powers, penalise certain breaches and refer facts potentially constituting an offence to the Public Prosecutor’s Office. Its public warnings, including those issued in 2025 against unauthorised offerings, may usefully be attached to the case file. However, the AMMC neither tries the fraudster nor reimburses victims itself.
An ordinary complaint is addressed to the King’s Public Prosecutor at the territorially competent Court of First Instance or filed with a police or Gendarmerie service. Article 40 of the Code of Criminal Procedure entrusts the King’s Public Prosecutor with receiving complaints and deciding what action to take. This avenue is accessible and does not require a security deposit. The Public Prosecutor’s Office may order an investigation, prosecute directly, refer the matter to an investigating judge where required by law or justified by its complexity, or close the case without further action.
A complaint accompanied by an application to join the proceedings as a civil party is provided for by Articles 92 et seq. of the Code of Criminal Procedure. It is submitted to the competent investigating judge and initiates public prosecution subject to the statutory conditions, after referral to the Public Prosecutor’s Office. The judge may require a security deposit to guarantee payment of a potential civil fine if the complaint is abusive. This avenue does not mean that every allegation will automatically be upheld: the application may still be ruled inadmissible or the case dismissed if the requirements are not met or evidence is lacking.
Article 7 of the Code of Criminal Procedure allows a victim who has suffered personal, direct and certain harm to seek compensation before the criminal court. The victim may also bring a separate claim before the civil court under Articles 77 and 78 of the Code of Obligations and Contracts. In practice, initiating parallel civil proceedings too early may result in a stay pending the outcome of the criminal case. The strategy depends mainly on identifying the offender, the existence of seizable assets and the urgency.
Begin by determining the competent court. The place where the fraudulent manoeuvres occurred, where the funds were transferred, where a suspect lives or where the loss materialised may determine jurisdiction under the rules of the Code of Criminal Procedure. A victim from Marrakech is not necessarily required to travel to Casablanca merely because a platform displays an address there. However, an investigation involving several cities may be centralised by the Public Prosecutor’s Office and assigned to a specialised judicial police unit.
The complaint must identify the complainant, set out the facts in chronological order, state the amounts paid and present the possible legal classifications without turning the document into a legal treatise. Address it to the King’s Public Prosecutor, with a numbered schedule of exhibits. Request a receipt, complaint number or official report reference. An ordinary complaint is generally free: there is no mandatory national 20 MAD tax stamp upon which its admissibility depends. Costs may nevertheless arise for copies, legalisations, translations or ancillary documents.
During the interview, reread the official report before signing it. Check the amounts, dates, account numbers and distinction between money invested and profits merely displayed. Immediately report any risk of flight, closure of premises or transfer abroad. Provide the exact address of the receiving bank and the transfer references. Economic and financial crime units mainly handle structured or complex cases, but the victim may file the complaint with the local service, which will forward it if necessary.
If you receive no information, send a written follow-up to the Public Prosecutor’s Office, quoting the reference and attaching only new exhibits. The Mahakim portal can be used to track certain proceedings once a court reference has been assigned, but not all confidential investigations. A few weeks of silence does not necessarily mean that the case has been closed. Bank enquiries, digital expert examinations and multiple interviews often take several months, especially when a network uses nominees or operates across several judicial districts.
If the case is closed without further action, the victim may submit new evidence, apply to the King’s Prosecutor General where legally appropriate, or consider a complaint accompanied by an application to join the proceedings as a civil party. Closure does not, by itself, have the authority of a final judgment. However, this second avenue must be prepared carefully: a precise account, usable exhibits, an address for service where required by law and the security deposit set by the judge. A vague complaint against several people whose individual roles are not identified risks being ruled inadmissible or dismissed.
No uniform security deposit is set nationally for a complaint accompanied by an application to join the proceedings as a civil party. The judge determines the amount and payment deadline based on the case and the complainant’s resources. Amounts observed in practice may range from a few hundred to several thousand dirhams, but this range reflects court registry practice, not a 2026 tariff. Those who meet the statutory conditions may enquire at the court’s legal aid office. Failure to pay within the prescribed period may jeopardise admissibility.
Obtaining a conviction is of little value if the accounts have been emptied in the meantime. As soon as the complaint is filed, prepare a map of known assets: bank accounts, registered real property, vehicles, company shares, businesses and receivables held by third parties. Merely asserting that the suspect will arrange their insolvency is generally insufficient. Produce evidence of recent withdrawals, sale advertisements, messages indicating flight, company dissolutions or transfers between accounts that make the threat concrete.
In civil proceedings, an application may be submitted to the president of the court for authorisation of a protective measure, particularly under the provisions of the Code of Civil Procedure governing ex parte orders and seizures. Article 148 governs ex parte orders in matters assigned to it. Depending on the asset concerned, the lawyer will seek a protective seizure or garnishment in the hands of a bank or debtor. It is necessary to establish a claim that appears well founded and a risk justifying the measure.
An urgent order can sometimes be obtained within a few days, but the frequently advertised period of 24 to 72 hours is neither guaranteed nor prescribed by law. It depends on the court, the quality of the supporting evidence and the precise identification of the asset or garnishee. The order must then be enforced and served by a judicial officer. For a bank, the notice must correctly identify the institution; for registered real property, compliance with the formalities before the ANCFCC is decisive.
During a criminal investigation or judicial investigation, the Public Prosecutor’s Office and investigating judge have search and seizure powers under the Code of Criminal Procedure. The mechanisms established by Law No. 43-05 on combating money laundering may also apply where the funds are the proceeds of an offence. However, the victim cannot directly instruct the bank to freeze assets. The victim provides the authorities with the relevant references and submits a reasoned memorandum explaining the need for prompt action.
Beware of excessively broad applications. Freezing all of a person’s assets in respect of a poorly documented claim may be challenged and expose the applicant to an application to discharge the measure or a claim for compensation. The amount sought should be consistent with the capital paid, directly established costs and a reasonable estimate of the loss. Third-party accounts cannot be seized merely because they belong to a relative of the suspect; their involvement, a fraudulent transfer or a debt genuinely owed to the offender must be demonstrated.
Fraud under Article 540 is an offence. Contrary to the five-year period still frequently cited online, Article 5 of the Code of Criminal Procedure generally sets a four-year limitation period for criminal proceedings in respect of offences, subject to special rules and legislative amendments applicable to the facts. The starting point depends on the nature of the offence and the date on which it was committed. A concealed scam or one involving successive transfers therefore requires a chronological analysis rather than an automatic calculation from the date of discovery.
The limitation period is interrupted by prosecution or investigation measures that meet the requirements of the Code of Criminal Procedure; a new period then begins to run. A mere private reminder, a letter sent to the platform or an administrative report to the AMMC does not necessarily have this effect. A civil claim brought before the criminal court follows the corresponding procedural rules. Before the civil court, Article 106 of the Code of Obligations and Contracts notably provides for a five-year period from the date the victim becomes aware of the damage and the person responsible, without exceeding twenty years after the harmful act.
Court timelines vary considerably. A straightforward investigation may be completed within a few months, while a case involving several banks, expert assessments and letters rogatory may last several years. As a practical indication, a financial investigation of moderate complexity often lasts approximately six to twenty-four months, without any guarantee. Following committal for trial, the criminal proceedings may require several hearings. An appeal followed by an appeal to the Court of Cassation will extend the proceedings further. General statistics from the Ministry of Justice do not predict the duration of an individual case.
Lawyers' fees are freely agreed under Law No. 28-08. In practice in 2026, the complaint and investigation-monitoring phase may be billed at between 5,000 and 20,000 MAD for an average case, or more if several cities, companies or countries are involved. Representation before the criminal court may be subject to an additional fixed fee of 3,000 to 10,000 MAD or more. These amounts are ranges observed in practice, not an official tariff, and must be set out in a clear fee agreement.
Add the costs of a judicial commissioner, translations, copies, travel and expert assessments. Service or a series of procedural acts may cost from a few hundred to more than 1,500 MAD, depending on the number of recipients and the distance. A complex accounting expert assessment may cost several thousand dirhams, sometimes 3,000 to 15,000 MAD or more. The deposit required from a civil party is set by the judge. Always ask the court registry or the professional for an updated breakdown: no indicative scale should be presented as a guaranteed legal cost.
The application to join proceedings as a civil party must quantify the harm suffered. The first item is the capital actually transferred, less any repayments already received. Bank charges, transfer costs, expenses directly caused by the acts and, where demonstrated, moral damage may be added. Fictitious gains displayed by the platform are not automatically compensable. A promise of a 20% monthly return does not become a certain claim merely because it appears on a manipulated dashboard.
Articles 77 and 78 of the Code of Obligations and Contracts establish liability for fault that has caused damage. The victim must establish personal, direct and certain harm, as well as its connection with the alleged acts. Attach a table of transfers, statements, partial repayments and expenses. For a victim company, operating losses must be documented through its accounts and, often, an expert assessment. An overall claim without supporting documents is frequently reduced by the court.
The criminal judgment may order restitution and damages if the civil claim is admissible and proven. Once the decision is enforceable, it must be served and then enforced by a judicial commissioner. The commissioner may trace and seize assets within the limits of the enforcement order: a bank account, vehicle, real property, trade receivable or seizable shares. A conviction does not always result in voluntary payment. Enforcement must be monitored, certain searches repeated and transactions intended to arrange insolvency kept under review.
As a general rule, there is no Moroccan public fund guaranteeing reimbursement of losses suffered through an investment scam. The AMMC and Bank Al-Maghrib do not take the perpetrator's place. If the perpetrator is insolvent, the judgment may remain partially unenforced despite a final conviction. This is why early seizures and the identification of beneficial owners are important. Where there are several victims, coordination helps reconcile the accounts, but each victim must itemise their payments and harm.
An amicable settlement remains possible, but it must be secured. Identify the acknowledged debt, payment schedule, guarantees, consequences of default and the effect on the application to join proceedings as a civil party. Withdrawal of the civil claim does not necessarily terminate criminal proceedings, which the Public Prosecutor's Office may continue. Do not withdraw a complaint in return for a mere oral promise or an initial token payment. Also have it verified that a clause does not artificially recharacterise the fraud as a freely accepted risky investment.
For a forex or crypto platform, report the matter to the AMMC when the offer resembles an investment or a financial instrument service. Bank Al-Maghrib may be informed when an institution under its supervision, a means of payment or a misleading claim of banking authorisation is involved. Attach the website address, digital wallets, transaction identifiers and bank account details. These administrative steps are complementary; they do not suspend the limitation period or replace a criminal complaint.
Cryptoassets make tracing more difficult, but a blockchain transaction is not invisible. Its identifier, wallet address, time and amount allow a specialised investigator to track certain movements. Also retain proof of the initial purchase from an exchange platform and login emails. Never send new funds to a company claiming it can recover the crypto in exchange for an advance payment: fraudulent recovery agencies specifically target victims who are already vulnerable.
In an MLM scheme, the police and the court will examine whether sales were genuine, the economic margin and the source of remuneration. If the money comes mainly from entry fees and recruitment, with products serving as a front, fraud may be considered. Produce the commission plan, lawfully recorded meetings, messages requiring recruitment and earnings tables. The fact that the victim received some commissions does not necessarily negate the deception, but these sums must be declared when calculating the harm.
When the platform or scammer is located abroad, Moroccan jurisdiction does not automatically arise solely from the victim's Moroccan nationality. It is assessed according to the place where the offence was committed, the effects produced in Morocco and the rules of the Code of Criminal Procedure concerning offences committed outside the Kingdom. The Public Prosecutor's Office may use mutual legal assistance, international letters rogatory or applicable bilateral conventions. These steps often add many months and depend on the cooperation of the requested State.
A Moroccan residing abroad (MRE) who becomes a victim while in France, Spain or another country should consider both legal systems. They may file a complaint in their country of residence if the solicitations or payments occurred there and contact the Moroccan authorities if a perpetrator, account or assets are located in Morocco. The Moroccan consulate does not replace a police service or criminal prosecution office. It may provide guidance, legalise certain documents within its powers and facilitate the execution of a power of attorney for a lawyer in Morocco.
The power of attorney must expressly authorise the filing of a complaint, the application to join proceedings as a civil party, the appointment of a lawyer and, where necessary, protective measures. Depending on the country, it will be executed before the consulate, a notary or the local authority, then legalised or apostilled where required under the applicable rules. Have its form checked before sending it. A general banking power of attorney or a merely legalised signature may not be sufficient for certain procedural acts or to enter into a settlement.
The first mistake is waiting for a repayment promised every week. Meanwhile, the accounts are emptied and the limitation period continues to run. The second is relying solely on a report to the AMMC or the bank. These institutions may use the information, but they do not automatically initiate criminal proceedings. The third is publicly warning the perpetrator before any protective measure is taken. A Facebook post may cause data and assets to disappear without providing the judge with any additional evidence.
Another difficulty is poorly preserved digital evidence. Cropped screenshots without a number or date are vulnerable to challenge. Do not hand over your only phone without making a backup, and do not alter the original files. Also avoid a collective complaint that adds together losses without distinguishing each victim's transfers. A joint case may reveal the scheme, but each person must provide their identity, communications, payments, repayments received and individual harm.
A lawyer experienced in business criminal law begins by checking the legal classification, territorial jurisdiction and limitation period. The lawyer prepares a usable chronology, identifies the companies and coordinates the complaint with a seizure request. During the investigation, the lawyer may file written submissions, request measures permitted by the procedure, monitor expert assessments and respond to arguments portraying the fraud as a mere commercial risk. The lawyer also quantifies the civil claim to avoid compensation being reduced due to insufficient supporting documents.
The lawyer's involvement becomes particularly useful when several bank accounts are involved, the perpetrator uses shell companies, the funds have left Morocco or an urgent seizure is contemplated. For a limited loss and a clearly identified perpetrator, filing a complaint personally remains possible. In all cases, require an agreement stating the scope of the engagement, the hearings included, costs, fees relating to appeals and the terms of any additional success fee.
No lawyer can guarantee recovery. The outcome depends on the evidence, investigations, legal classification adopted and, above all, the solvency of those responsible. The correct approach is to act quickly without acting blindly: preserve the originals, file a structured complaint, target identified assets and sign no improvised agreement. A methodical case increases procedural effectiveness, but it can never turn an insolvent debtor into a solvent one.
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