Under Texas law, an employee who secretly steers his employer's money to a friend's company in exchange for a cut is not just breaking company policy - he is committing commercial bribery, theft by deception, and money laundering, each a felony that can be prosecuted even without a single act of violence. That is the framework a Frisco or Dallas-Fort Worth court would apply to the kind of inside-the-company kickback scheme now alleged against a former Nike music executive in Oregon.
A Washington County, Oregon grand jury indicted John Griffith - described in reporting as Nike's former head of global brand marketing, music supervision, and licensing - and an alleged co-conspirator, licensing-agency president Brad Mosher, on 24 felony counts each, including racketeering, aggravated theft by deception, and money laundering, according to KPTV Fox 12 Oregon. Prosecutors allege that between June 2020 and December 2022 the two ran a kickback operation that drained more than $1 million from Nike through at least 11 fraudulent transactions of $50,000 or more, as also reported by Digital Music News. The pattern described is straightforward: Griffith allegedly set inflated prices, Mosher billed Nike, and roughly half of each payment was funneled back to a shell company controlled by Griffith. Both men were arrested in early June; Griffith is out on bail, both have the presumption of innocence, and no trial date has been set.
The Nike case is an Oregon matter, but the conduct alleged maps cleanly onto Texas statutes. Here is how prosecutors and defense lawyers in Collin County and across DFW would frame a comparable case.
What Is a "Kickback" Under Texas Criminal Law?
In Texas, a secret kickback taken by an employee is most directly charged as commercial bribery under Texas Penal Code Sec. 32.43. That statute makes it a crime for a "fiduciary" - which includes an employee, agent, or anyone entrusted with acting for another - to intentionally solicit, accept, or agree to accept a benefit from a third party on the understanding that it will influence the fiduciary's conduct, without the consent of the person he serves. It is a separate crime for the outside party (here, the vendor) to offer or confer that benefit. Commercial bribery is generally a state-jail felony, but it rises to a third-degree felony when the fiduciary is an agent, employee, or servant handling money - exactly the posture of an employee approving invoices. The core idea is that an employer is entitled to its employee's undivided loyalty; taking a hidden cut for steering business is criminal, not merely a firing offense.
What Other Charges Could Stack on Top?
A kickback scheme rarely stops at one statute, and Texas prosecutors would likely stack several. Theft by deception under Texas Penal Code Sec. 31.03 would cover the money taken from the employer through inflated or fake invoices; theft is aggregated when it is part of "one scheme or continuing course of conduct," so many small payments are added together to reach a felony grade. At more than $1 million in alleged losses, a Texas theft would be a first-degree felony punishable by 5 to 99 years or life. Misapplication of fiduciary property under Sec. 32.45 targets an employee entrusted with company funds who deals with them in a way that involves substantial risk of loss. Finally, money laundering under Sec. 34.02 addresses the routing of the proceeds through a shell company or personal accounts - and in Texas, the laundering count is graded by the amount moved, reaching a first-degree felony above $300,000.
What Penalty Does Commercial Bribery Carry in Texas?
The exposure depends on which statute drives the case and the dollar amount involved. Commercial bribery itself ranges from a state-jail felony (180 days to 2 years) to a third-degree felony (2 to 10 years) depending on the fiduciary's role. But because a kickback case is usually charged alongside aggregated theft and money laundering, the practical exposure tracks the loss amount: a seven-figure loss puts the theft and laundering counts in the first-degree range of 5 to 99 years or life, plus fines up to $10,000 per count and mandatory restitution. Multiple counts arising from many separate transactions can also be run consecutively in some circumstances, which is why the number of charged transactions matters as much as the total.
What Are the Defenses to a Kickback or Commercial-Bribery Charge?
The most important defense is consent and authorization. Commercial bribery under Sec. 32.43 requires that the benefit be taken "without the consent" of the employer; if the arrangement was disclosed, approved, or fell within the employee's legitimate authority to set prices and hire vendors, the conduct may be a business dispute rather than a crime. Intent is the second battleground: theft by deception and commercial bribery are specific-intent crimes, so a defense may argue the invoices reflected real, if dedicated, market pricing rather than a scheme to defraud. Defense counsel will also scrutinize the loss calculation - challenging whether every disputed transaction was actually fraudulent directly attacks the felony grade - and will test the paper trail, the reliability of any cooperating co-defendant, and whether the case is really a civil overbilling matter dressed up as a crime.
What Happens Next in a Case Like This?
In Texas, a white-collar case of this size typically begins with a grand-jury indictment, followed by pretrial litigation over discovery, the volume of financial records, and motions to sever or consolidate co-defendants. Because the evidence is documentary rather than eyewitness, cases like this often resolve through negotiated pleas tied to restitution, or through pretrial diversion for defendants with no record and a willingness to make the employer whole. Where charges are dismissed or the defendant is acquitted, Texas law may allow expunction under Chapter 55A or an order of nondisclosure to limit who can see the record afterward. Early defense involvement - before charges are even filed - is often the difference between a felony conviction and a quiet resolution.
How L & L Law Group Can Help
White-collar allegations like commercial bribery, theft by deception, and money laundering are won or lost on the details - the invoices, the emails, the authorization chain, and the loss math. At L & L Law Group, PLLC, we defend clients across Frisco, Collin County, and the greater Dallas-Fort Worth area against fraud and theft charges, scrutinizing the government's financial evidence and protecting your rights from the first contact with investigators. If you or someone you know is facing a fraud, theft, or public-corruption investigation, call L & L Law Group at (972) 370-5060 for a confidential consultation.
Frequently Asked Questions
Is a kickback a crime, or just a fireable offense?
In Texas it can be both. An employer can fire an employee for taking secret kickbacks, but the same conduct is separately chargeable as commercial bribery under Penal Code Sec. 32.43, along with theft and money laundering. Whether it is prosecuted often turns on the dollar amount, the intent evidence, and whether the arrangement was concealed.
Does the employer have to lose money for it to be commercial bribery?
No. Commercial bribery focuses on a fiduciary accepting a hidden benefit to influence his conduct without the employer's consent. Proof of an actual financial loss strengthens a companion theft charge, but the bribery offense is about the corrupt relationship, not just the loss.
Can a fraud or theft charge be kept off my record in Texas?
Sometimes. If the case is dismissed or ends in acquittal, expunction under Chapter 55A may erase it; a deferred-adjudication outcome may qualify for an order of nondisclosure. Eligibility depends on the specific charge and result, so this should be evaluated case by case with a lawyer.
By Reggie London and Njeri London. This article is general legal information about Texas law and is not legal advice; it does not create an attorney-client relationship, and every case turns on its own facts. The individuals named are presumed innocent unless and until proven guilty. L & L Law Group, PLLC, 5899 Preston Rd Suite 101, Frisco, TX 75034. Phone (972) 370-5060.