Frantellizzi and Commercial Brick Inc., committed 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, 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

Pattern Act 87

The defendants Arthur Zambardi, Anthony Barbagallo, John Cucchiarella, and Joseph
Pezzullo, 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 April 1, 1997 to on or about June 1, 1997, in Queens
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 3.

Pattern Act 88

The defendants Arthur Zambardi, Anthony Barbagallo and John Cucchiarella,
committed the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION,
in violation of General Business Law Sections 340 and 341, as follows:

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