Commercial Brick

COUNT 18

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Anthony Pezzullo, Anthony Frantellizzi, Dominick Frantellizzi and Commercial Brick Inc., 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, on or about July 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 rigging and other anticompetitive arrangements
relating to a construction project known to the Grand Jury as Project 2.

COUNT 19

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, Giuseppe Palmeri, Anthony Frantellizzi, Dominick Frantellizzi
and Commercial Brick Inc., 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 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

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