Frantellizzi, Dominick Frantellizzi and Commercial Brick Inc., 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, from on or about March 1, 1998 to on or about January 1, 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 construction project at 354
Broadway.

Pattern Act 80

The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick
Inc., committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE,
in violation of Penal Law Section 175.10, as follows:

Said defendants, on or about March 3, 1998, in Queens County and elsewhere, with
intent to defraud, including the intent to commit another crime and aid and conceal the
commission thereof, omitted to make a true entry in the business records of an enterprise in
violation of a duty to do so which they knew to be imposed upon them by law and by the nature
of their position, to wit a BAC Local Union No. 1, NY Shop Steward’s Time Report for work
performed by Commercial Brick Inc. at 354 Broadway for the week ending March 3, 1998.

Pattern Act 81

The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick
Inc., committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE,
in violation of Penal Law Section 175.10, as follows:

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