Pattern Act 50

The defendants James Bonagura, Joseph Datello, and Arthur Zambardi, committed 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.

Pattern Act 51

The defendants James Bonagura, Arthur Zambardi and Philip DeSimone committed 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.

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