COUNT 14

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

James Bonagura, Arthur Zambardi and Philip DeSimone, 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 March 4, 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 subcontract to be awarded to Barbuto Roofing Corp.

COUNT 15

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

James Bonagura, Arthur Zambardi, 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, from on or about November 1, 1998 to on or about March 31, 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 subcontract to be awarded to New
York Blacktop Corp. at the Triboro Bridge.

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