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The Atlanta Journal-Constitution
Published on: 06/13/08
Wearing a dark gray pin-striped suit, former Smyrna resident James P. Robinson solemnly looked on as he was charged Thursday with three felony counts on allegations he played a role in a kickback scheme when he was a purchasing manager at Home Depot's Atlanta headquarters.
Answering only "yes sir" to U.S. Magistrate Judge E. Clayton Scofield III, Robinson said he understood he was being charged with one count of conspiracy to defraud Home Depot and two charges of tax evasion.
Robinson, 43, is the second manager to agree to waive his right to be indicted, in a process called a criminal information hearing. A plea hearing for both Robinson and Anthony Tesvich, 42, who attended a similar hearing May 29, has been scheduled for June 30 in front of U.S. District Judge Richard W. Story.
Robinson was fired in July 2007 after an investigation initiated by the FBI, the Internal Revenue Service's criminal investigation unit, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Justice Department.
Robinson is one of three former Home Depot employees the Justice Department believes were caught up in the kickback scheme.
According to a forfeiture complaint filed in January, Robinson was in charge of buying tile flooring for the nation's second-largest retailer. A Home Depot employee from 1999 to 2007, Robinson allegedly profited by accepting a cashier's check for $53,321 to purchase a 2006 QX56 Infiniti SUV, funneled through a company Tesvich created to represent overseas vendors. Robinson also allegedly accepted a cashier's check of $33,575 from a Venezuelan tile manufacturer to pay off a 2004 Cadillac Escalade. The same tile company also funneled more than $679,000 to Robinson that he used to buy two investment homes in Tennessee, the complaint says.
At the time, Home Depot's policy prohibited kickbacks and restricted gifts to $50. It now has a zero-tolerance policy.
Robinson's attorney, Thomas J. Ford III of Alpharetta, refused to comment to the media at the hearing.
If convicted, Robinson faces maximum penalties of 20 years on the wire fraud conspiracy and five years on the tax charge.
In a statement, Thomas O. Barnett, the assistant attorney general for the Justice Department's antitrust division in Washington, said, "Taking kickbacks from suppliers undermines the competitive process."
Robinson, who now lives in North Carolina, was released on a signature bond pending the next hearing.
Commenting on the case, Home Depot spokesman Ron DeFeo said: "Maintaining our ethical standards is extremely important to the Home Depot. The company does not tolerate unethical behavior that violates our code of conduct. We're pleased to cooperate with the U.S. attorney's office to help bring this matter to this point."
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