Moroccan Fitness Mogul’s Prison Sentence Suspended on Appeal in Check Fraud Case

Moroccan justice struck hard in the first instance, then eased off on appeal. The "court decided to partially annul the first instance judgment, particularly regarding the restitution of the check at the heart of the dispute, while confirming the other elements of the judgment," reports Challenge, specifying that the businessman’s sentence was reduced on appeal to two years suspended. He had received a two-year prison sentence in the first instance.

"Honestly, this case is painful, because the facts alleged against my client date back to August 2019, and concern a check given as a guarantee, for reasons that we have extensively explained to the court," admits Mohamed Aghanaj, member of Jonathan Harroch’s defense team, in a statement to the press. According to him, the defense presented a document signed by the plaintiff himself, attesting that the check in question had been issued as a simple guarantee. "The reality is that it’s the plaintiff who owes my client the sum of 2.5 million dirhams, because he’s the one who sold him a business, not the other way around," adds the lawyer.

It emerges from his explanations that the dispute concerns neither City Club nor the group’s sports activities, but is rather linked to the acquisition of a restaurant. According to him, resorting to the criminal court was not justified despite previous commercial disputes between Jonathan Harroch and his partner who filed a complaint against him. "The first instance judgment was severe and disproportionate," the lawyer fumes with anger. "The documents and elements presented by the defense were ignored. We are facing a double injustice, especially as unfounded rumors were circulating about the existence of other checks without funds involving Mr. Harroch, which may have influenced the assessment of the case."

Aghanaj acknowledges that giving a check as a guarantee constitutes an offense punishable by law. However, he emphasizes that Moroccan jurisprudence generally favors suspended sentences in this type of case. "The initial judgment surprised even observers, especially in a tense media context around my client, and this case has unfortunately suffered from it," he continues.