Pattern Act 48

The defendant James Bonagura committed the crime of COMMERCIAL BRIBE
RECEIVING iN THE FIRST DEGREE, in violation of Penal Law Section 180.08, as follows:

Said defendant, from on or about November 18, 1998 to on or about November 23,
1998, in New York County and elsewhere, without the consent of his employer and principal
solicited, accepted and agreed to accept any benefit from another person upon an agreement and
understanding that such benefit would influence his conduct in relation to his employer’s and
principal’s affairs and the value of the benefit solicited, accepted and agreed to be accepted
exceeded one thousand dollars and caused economic harm to the employer and principal in an
amount exceeding two hundred and fifty dollars.

Pattern Act 49

The defendants James Bonagura, Arthur Zambardi, Joseph Tangorra, Steven L. Crea,

Andrew Reynolds, Brian Thompson and New York Blacktop Corp., 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 April 6, 1999, 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 a blacktop subcontract at the New York City School Construction Authority Project
at IS 254 Bronx.

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