COUNT 32

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant
Anthony Barbagallo, of committing the crime of BRIBE RECEIVING BY A LABOR
OFFICIAL, in violation of Penal Law Section 180.25, as follows:

Said defendant, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union
Business Agent, on or about May 28, 1999, in New York County and elsewhere, solicited,
accepted, and agreed to accept a benefit from Arthur Zambardi, and others known to the grand
jury, upon an agreement and understanding that such benefit would influence the defendant in
respect to any of his acts, decisions and duties as such labor official.

The Park Central Hotel Project

COUNT 33

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants

Steven L. Crea, Dominic Truscello, Joseph Datello, Anthony Rucereto, Anthony O’Donnell,

Michael Forde, Martin Devereaux and Gerald Woods 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 in or about January 1998 through in or about April 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 renovation project at the Park
Central Hotel.

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