Money laundering: defence and release of seized assets

We have assisted several individuals and companies facing prosecution, or mere suspicion, of money laundering. Maître Abdelatif Laamrani was a banker before becoming a lawyer and is the author of Droit bancaire marocain (LexisNexis). We therefore read a bank statement, a chain of transfers or a corporate structure the way financial investigators do.

Has your account just been frozen, or have you been summoned? Call the firm before any interview, including on our emergency line +212 661-066-690. It is at the earliest stage that suspicion can be kept from turning into prosecution.

The legal framework in Morocco

The subject is governed by Law No. 43-05 on combating money laundering, as amended and supplemented since its adoption. In essence, money laundering means concealing the illicit origin of assets or funds, or acquiring, holding or using them knowing that origin. It always requires a predicate offence: without one, there is no money laundering. The law provides for imprisonment and fines, confiscation of assets, and also covers the liability of legal entities.

How an investigation starts

The starting point is often a suspicious transaction report sent by a bank, a notary or another regulated professional to the National Financial Intelligence Authority (ANRF), which may then refer the matter to the prosecutor. Depending on the case, accounts are frozen or seized, the judicial police issue summonses, bank records are requested and a judicial investigation is opened. Each of these steps deserves close scrutiny.

Lines of defence

• Lawful origin of funds: reconstructing and documenting it (contracts, deeds of sale, financial statements, inheritances, transfers from abroad).
• Predicate offence: showing it is not established, without which there is no money laundering.
• Intent: knowledge of the illicit origin must be proven.
• Procedure: lawfulness of the requests for records, freezes, seizures and interviews.
• Proportionality: challenging seizures that go beyond what the investigation justifies.

Freezes, seizures and recovery of assets

We act early, as soon as an account is frozen or a summons is received, to keep suspicion from turning into prosecution. We act later, before the investigating judge and the trial court, to obtain the release of seized assets and their return, including for relatives and third parties acting in good faith whose property has been caught up in the case.

Companies, directors and compliance

A money laundering allegation damages a company's standing and banking relationships. We defend companies and their directors, and also advise them upstream on their due diligence obligations, drawing on our practice in banking law and banking regulation. For digital assets, see our Fintech & crypto-assets page.

International cases

The funds involved often cross borders: transfers from Europe or the Gulf, companies abroad, accounts held by Moroccans living abroad. As a member of the Casablanca, Paris and Montréal Bars, Maître Laamrani follows these cases on both sides. Where money laundering is prosecuted alongside drug trafficking, see also our Drug offence lawyer page.

Frequently asked questions

What is money laundering under Moroccan law?

In essence, concealing the illicit origin of assets or funds, or acquiring, holding or using them knowing that origin. It is governed by Law No. 43-05.

My bank has frozen my account. What should I do?

Do not wait, and avoid informal explanations. Identify the basis of the freeze, gather proof of where the funds came from and prepare any interview with a lawyer.

Can you be convicted of money laundering without a predicate offence?

No. Money laundering requires a predicate offence, and showing that it is not established is one of the key lines of defence.

How do I prove the lawful origin of funds?

With documents: contracts, deeds of sale, financial statements, tax returns, inheritance deeds, proof of transfers from abroad. We reconstruct the flow of funds the way a financial investigator would.

Can seized assets be recovered?

Yes, the release of seized assets and their return can be sought from the investigating judge or the trial court, particularly for property belonging to third parties in good faith.

Can a company be prosecuted for money laundering?

Yes. Law No. 43-05 also covers the liability of legal entities. We defend companies and their directors and help them prevent the risk.

I receive funds from abroad or hold crypto-assets. Am I at risk?

Such flows can trigger a suspicious transaction report. The best protection is a complete paper trail. If a problem arises, we step in from the first freeze.