Mahammad Haroon Rashid v. the State of Texas
01-19-00826-CR
| Tex. App. | Jul 1, 2021Background
- Rashid pleaded guilty to engaging in organized criminal activity (2003–2013) and was sentenced to 20 years' imprisonment; the trial court ordered restitution to nine parties, including Progressive Minerals ($750,000), David Hamilton ($47,005), and Bradley Rotter ($50,000).
- The State introduced PSI reports (Rashid’s and Hendrix’s), witness testimony from several victims who described unpaid commitment fees and loans, and voluminous bank records showing funds paid into Worldwide/Global Empire accounts.
- Progressive Minerals had sued Rashid/Global Empire after paying a $750,000 loan commitment fee that was not returned; its representative had testified in that civil proceeding (evidence summarized in PSI reports).
- Bank records in the PSI reflected deposits from Hamilton and a wire from Rotter, but neither Hamilton nor Rotter testified at the punishment hearing and the PSI contained limited detail about their transactions.
- Rashid appealed only the restitution awards to Progressive Minerals, Hamilton, and Rotter, arguing insufficiency of evidence (and that the unobjected-to PSI hearsay was inadequate); the court reviewed for abuse of discretion.
- The court affirmed restitution to Progressive Minerals but held restitution to Hamilton and Rotter was unsupported and deleted those awards.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Rashid) | Held |
|---|---|---|---|
| Whether unobjected-to PSI hearsay can support restitution | Unobjected-to PSI material is admissible/weighty under Rule 802 and may sustain restitution | PSI reports are hearsay and, per Cartwright, insufficient to prove restitution amounts | Held: PSI reports (and other evidence) could be relied on when not objected to; trial court permissibly considered PSI material |
| Whether Progressive Minerals was a "victim" entitled to $750,000 restitution (nexus/proximate cause) | PSI, bank records, and prior civil testimony show Progressive paid $750,000 to Global Empire and did not receive refund — loss was a direct/proximate result of the scheme | Insufficient nexus, timing, and venue proof to link the Progressive loss to the charged conduct | Held: Affirmed — evidence sufficient by preponderance to show Progressive’s loss was a direct/proximate result of the organized-crime conduct |
| Whether Hamilton and Rotter were "victims" entitled to restitution (nexus/proximate cause) | Bank records and PSI statements show payments to Worldwide and involvement in proposed deals | No witness testimony, no transaction terms, and insufficient proof that funds were paid with an expectation of return — speculative nexus | Held: Reversed/deleted restitution to Hamilton and Rotter for lack of evidence that losses were direct/proximate result of the offense |
Key Cases Cited
- Burt v. State, 445 S.W.3d 752 (Tex. Crim. App. 2014) (restitution is a victim’s statutory right; due-process limits on restitution)
- Hanna v. State, 426 S.W.3d 87 (Tex. Crim. App. 2014) (victim must show loss as direct result—both actual and proximate causation)
- Cartwright v. State, 605 S.W.2d 287 (Tex. Crim. App. 1980) (PSI hearsay held insufficient in earlier precedent)
- Martin v. State, 874 S.W.2d 674 (Tex. Crim. App. 1994) (restitution cannot compensate victims of other crimes for which defendant was not convicted)
- Fryer v. State, 68 S.W.3d 628 (Tex. Crim. App. 2002) (rules of evidence generally do not apply to PSI contents)
- Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1990) (abuse of discretion standard for sentencing matters)
- O’Brien v. State, 544 S.W.3d 376 (Tex. Crim. App. 2018) (each predicate offense is a manner and means of the single offense of engaging in organized criminal activity)
