COUNT 16

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Saul Heifetz and Arthur Zambardi, 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 January 7, 1999 to on or about May 14, 1999, 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 17

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 January 7, 1999 to on or about May 14, 1999, 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.

85