is required by law, to wit a New York City School Construction Authority Certified Payroll
report for the week ending May 9, 1998, and made with intent to mislead a public servant in the
performance of his official functions and was material to the action, proceeding, and matter
involved.

Pattern Act 18

The defendants Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski,
Santo Lanzafame, Jeremiah Sullivan, Sr., Thomas Zmich, 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 24, 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 Shop Steward report of Local 1 of the Builders and Allied Craftsmen Union
for work performed at IS 93 for the week ending April 24, 1998.

Pattern Act 19

The defendants Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski,

Santo Lanzafazne, Jeremiah Sullivan, Sr., Thomas Zmich, 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 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 Shop Steward report of Local 1 of the Builders and Allied Craftsmen Union for work
performed at IS 93 for the week ending May 1, 1998.

19