Pattern Act 46

The defendants James Bonagura, Alessandro Palmeri, Giuseppe Palmeri, Arthur
Zambardi, Joseph Tangorra, Steven L. Crea, Andrew Reynolds, Adam Gallini, Brian
Thompson, Dominick Detore, New York Blacktop Corp., Manner Brothers Construction LLC.,
and Cleveland Construction Co. 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 on or about November 18, 1998 to on or about December 1, 1998,
in New York 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 an excavation subcontract at the New
York City School Construction Authority Project at IS 254 Bronx.

Pattern Act 47

The defendants Alessandro Palmeri, Giuseppe Palmeri, Arthur Zambardi, Joseph
Tangorra, Andrew Reynolds and Adam Gallini, committed the crime of COMMERCIAL
BRIBING IN THE FIRST DEGREE, in violation of Penal Law Section 180.03, as follows:

Said defendants, from on or about November 18, 1998 to on or about November 23,
1998, in New York County and elsewhere, conferred, and offered and agreed to confer a benefit
upon an employee, agent and fiduciary without the consent of the latter’s employee and
principal with intent to influence his conduct in relation to his employer’s and principal’s
affairs, and the value of the benefit conferred and agreed to be conferred exceeded one thousand
dollars and caused economic harm to the employer and principal in an amount exceeding two
hundred and fifty dollars.

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