Pattern Act 10

The defendant Thomas Zmich, committed 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
shop steward, on or about April 24, 1998, in Queens County and elsewhere, solicited, accepted,
and agreed to accept a benefit from Saul Heifetz, 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.

Pattern Act 11

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and
Mietek Mason Contractors 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 April 1, 1998, in Queens County and elsewhere, with intent
to defraud, including the intent to commit another crime and aid and conceal the commission
thereof, made and caused to be made a false entry in the business records of an enterprise, to wit
a New York City School Construction Authority certified payroll report for DIBA Corp. for
work performed at IS 93 for the week ending March 7, 1998.

Pattern Act 12

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and
Mietek Mason Contractors 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 May 6, 1998, in Queens County and elsewhere, with intent
to defraud, including the intent to commit another crime and aid and conceal the commission
thereof, made and caused to be made a false entry in the business records of an enterprise, to wit

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