rigging and other anticompetitive arrangements relating to a construction project known to the
Grand Jury as Project 4.

COUNT 22

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, 1998 to on or about November 11, 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
rigging and other anticompetitive arrangements relating to -a construction project known to the
Grand Jury as Project 5.

COUNT 23

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant
Arthur Zambardi, of committing the crime of BRIBING A LABOR OFFICIAL, in violation of
Penal Law Section 180.15, as follows:

Said defendant, on or about April 30, 1999, in New York County and elsewhere, with
intent to influence Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied
Craftsmen Union Business Agent, in respect to his acts, decisions, and duties as a labor official,
conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon
such labor official.

88