Said defendants, on or about November 23, 1998, in Bronx County and elsewhere, with
intent to defraud, including the intent to commit another crime and to aid and conceal the
commission thereof, made and caused to be made a false entry in the business records of an
enterprise, to wit the accounts payable journal for Terra Firma Construction Management &
General Contracting LLC..

Project 6

Pattern Act 154

The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR
OFFICIAL, in violation of Penal Law Section 180.15, as follows:

Said defendant, from on or about November 24, 1998 to on or about December 1, 1998,

in Queens County and elsewhere, with intent to influence a labor official with 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 in connection with a

construction project known to the Grand Jury as Project 6.

Project 7

Pattern Act 155

The defendants Arthur Zambardi, Philip DeSimone, and Andrew Reynolds 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 September 1998 through on or about November 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

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