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NY Construction Company President and Associate Guilty Pleas Result in Agreement to Pay $1.2 Million in Forfeitures and Fines

On December 5, 2008, Andrew Catapano, the President of AFC Enterprises, Incorporated and John Mikuszewski, a consultant to Rosewood Contracting Corporation pled guilty to charges of conspiracy to defraud the United States. As part of their plea agreement with the government, Mr. Catapano and Mr. Mikuszewki admitted they conspired to bribe union officials and utility company representatives on numerous roadway reconstruction projects awarded by DOT grantees throughout the New York area from 1998 to 2001. On April 7, 2006, Mr. Catapano and Mr. Mikuszewski were charged with conspiracy to defraud the United States, making unlawful labor payments, and laundering money and mail fraud. A criminal trial began on November 17, 2008, but midway through the trial, the defendants agreed to plead to a single count of conspiracy, pay a forfeiture $1.2 million and a fine of $120,000. Mr. Catapano and Mr. Mikuszewki are currently under suspension by FHWA and will be referred for formal debarment as a result of this conviction.