IS 93 Project

Pattern Act 8

The defendants, Steven L. Crea, Anthony Pezzullo, Arthur Zambardi, Saul Heifetz,

Santo Lanzafame, Jeremiah Sullivan, Sr., John Cucchiarella, Mikolaj Poiatowski, Thomas

Zmich, DIBA Corp., Grand Train Corp. and Mietek Mason Contractors Inc., committed the

crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of

General Business Law Sections 340 and 341, as follows:

Said defendants, from in or about January 1998 through in or about December 1998, in
Queens County and elsewhere, acting with others known and unknown to the Grand Jury,
knowingly and intentionally engaged in a contract, agreement, arrangement and combination in
unreasonable restraint of trade and competition, to wit, to restrain competition in the
construction industry throughout the City and State of New York by means of price fixing, bid
rigging and other anticompetitive arrangements relating to the New York School Construction
Authority Project at IS 93 Queens.

Pattern Act 9

The defendants, Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, DIBA Corp. and
Grand Train Corp., committed the crime of BRIBING A LABOR OFFICIAL, in violation of
Penal Law Section 180.15, as follows:

Said defendants, on or about April 24, 1998, in Queens County and elsewhere, with
intent to influence Thomas Zmich, a labor official, to wit a Local 1 Builders and Allied
Craftsmen Union shop steward, in respect to his acts, decisions, and duties as a labor official,
conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon
such labor official.

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