rigging and other anticompetitive arrangements relating to a construction project at 354
Broadway.

COUNT 20

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

Anthony Pezzullo, Arthur Zambardi, Andrew Reynolds, Joseph Tangorra, Philip DeSimone,

Steven L. Crea, Joseph Datello, Anthony Frantellizzi, Dominick Frantellizzi and Commercial

Brick Inc., of committing the crime of COERCION iN THE FIRST DEGREE, in violation of

Penal Law Section 135.65(1), as follows:

Said defendants, from on or about April 7, 1998, to on or about January 1, 1999, in New
York County and elsewhere, compelled and induced a person known to the grand jury as John
Doe 4 to engage in conduct which the latter had a legal right to abstain from engaging in and to
abstain from engaging in conduct in which he had a legal right to engage by means of instilling
in him the fear that if the demand was not complied with, the actor or another would cause
physical injury to a person and cause damage to property.

Projects Involving John Doe 5

COUNT 21

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

Arthur Zambardi, Anthony Barbagallo and John Cucchiarella, 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 January 1, 1996 to on or about April 29, 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

87