Said defendants, from in or about January 1997 through on or about the date of this
indictment, in New York County and elsewhere, acting with others known and unknown to the
Grand Jury, knowingly and intentionally entered into 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.

Such conduct had and was likely to have a particular effect upon the County of New York,
and was perfonned with intent that it would and with knowledge that it was likely to have such
particular effect therein.

Project 1

COUNT 3

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Steven L. Crea, Joseph Datello, Saul Heifetz, Lawrence Wecker and Lisa Construction Corp., of
committing 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 1997 through in or about January 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 a project known to the Grand Jury as
Project 1.

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