COUNT 12

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants

James Bonagura, Arthur Zambardi, Joseph Tangorra, Steven L. Crea, Andrew Reynolds, Brian

Thompson and New York Blacktop 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, on or about April 6, 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 blacktop subcontract at the New York City School Construction Authority Project
at IS 254 Bronx.

COUNT 13

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants

James Bonagura, Joseph Datello, and Arthur Zambardi, 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, on or about January 27, 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 roofing subcontract at the New York City School Construction Authority Project at
IS 254 Bronx.

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