Pattern Act 52

The defendants James Bonagura, Arthur Zambardi, 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 November 1, 1998 to on or about March 31, 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 subcontract to be awarded to New
York Blacktop Corp. at the Triboro Bridge.

Pattern Act 53

The defendants Saul Heifetz and Arthur Zambardi, 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 January 7, 1999 to on or about May 14, 1999, 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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