Said defendants, from on or about September 1, 1998 to on or about June 30, 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 concrete and masonry subcontract
at the New York City School Construction Authority Project at IS 254 Bronx..

COUNT 9

AND THE GRAND JURY AFORESAID, by this indictment, accuses 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., of

O 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 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.

81