COUNT 10

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Alessandro Palmeri, Giuseppe Palmeri, Arthur Zambardi, Joseph Tangorra, Andrew Reynolds
and Adam Gallini, of committing 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 November 18, 1998 to on or about November 23,
1998, 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.

COUNT 11

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant
James Bonagura of committing 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.

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