John J. Flood   Bio & Jim McGough (Biography)
6304 N Francisco Av
Chicago. Il 60659
773-878-1002(tel)
 

 

 

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
 THE PEOPLE OF THE STATE OF NEW YORK,
against STEVEN L. CREA, A/KA/ "HERBIE," 
DOMINIC TRUSCELLO, 
JOSEPH TANGORRA, A/K/A "FLOWERS," 
JOSEPH DATELLO, A/K/A "BIG JOE," PHILIP DESIMONE, ANTHONY PEZZULLO,
A/K/A "RAZOR," JOSEPH TRUNCALE, A/K/A "JO JO," INDICTMENT ARTHUR ZAMBARDI,
SAUL HEIFETZ, LAWRENCE WECKER, KENNETH GORDON, JOSEPH MARTINELLI,
NICHOLAS RUSSO, STEVEN CHAIT OSSERMAN, JOSEPH PEZZULLO,
ANDREW REYNOLDS, ALESSANDRO PALMERI,
GIUSEPPE PALMERI, MIKOLAJ PONIATOWSKI, A/K/A "NICK," JAMES BONAGURA,
ADAM GALLINI, A/K/A "BUZZY," KEVIN BARBER, BRIAN THOMPSON, DOMINICK DETORE,
ANTHONY FRANTELLIZZI, DOMINICK FRANTELLIZZI, ANTHONY RUCERETO, A/K/A "BUSTER,"
ANTHONY O'DONNELL, GERALD WOODS, MICHAEL FORDE, MARTIN DEVEREAUX,
SANTO LANZAFAME, A/K/A "SID," JEREMIAH SULLIVAN, SR., JOHN CUCCHIARELLA,
ANTHONY BARBAGALLO, A/K/A "SONNY," HENRI LABARBERA, THOMAS ZMICH, FINBAR O'NEILL,
GRAND TRAIN CORP., DIBA CORP., MIETEK MASON CONTRACTORS INC.,
LISA CONSTRUCTION CORP., COMMERCIAL BRICK INC.,
MARMER BROTHERS CONSTRUCTION LLC. NEW YORK BLACKTOP CORP.,
CLEVELAND CONSTRUCTION CO., NORTH BERRY CORP.,
TERRA FIRMA CONSTRUCTION MANAGEMENT & GENERAL CONTRACTING LLC.,
KENT BUILDING SYSTEMS INC.,

Defendants. _________________________________________________________________ COUNT 1

THE GRAND JURY OF THE COUNTY OF NEW YORK, by this indictment, accuses

the defendants Steven L. Crea, Dominic Truscello, Joseph Tangorra, Joseph Datello, Philip DeSimone, Anthony Pezzullo, Joseph Truncale, Arthur Zambardi, Saul Heifetz, Lawrence Wecker, Kenneth Gordon, Joseph Martinelli, Nicholas Russo, Steven Chait Osserman, Joseph Pezzullo, Andrew Reynolds, Alessandro Palmeri, Giuseppe Palmeri, Mikolaj Poniatowski, James Bonagura, Adam Gallini, Kevin Barber, Brian Thompson, Dominick Detore, Anthony Frantellizzi, Dominick Frantellizzi, Anthony Rucereto, Anthony O'Donnell, Gerald Woods, Michael Forde, Martin Devereaux, Santo Lanzafame, Jeremiah Sullivan, Sr., John Cucchiarella, Anthony Barbagallo, Henri LaBarbera, Thomas Zmich, Finbar O'Neill, Grand Train Corp., DIBA Corp., Mietek Mason Contractors Inc., Lisa Construction Corp., Commercial Brick Inc., Marmer Brothers Construction LLC., New York Blacktop Corp., Cleveland Construction Co., North Berry Corp., Terra Firma Construction Management & General Contracting LLC. and Kent Building Systems, Inc. of committing the crime of ENTERPRISE CORRUPTION, in violation of Penal Law Section (460.201)a), as follows:

The defendants, in New York County and elsewhere, from in or about January 1997, through on or about the date of this indictment, having knowledge of the existence of a criminal enterprise, to wit, the Lucchese Organized Crime Family of La Cosa Nostra Construction Group (hereinafter, the "Lucchese Construction Group"), and the nature of its activities and being

2

employed by and associated with that Criminal Enterprise, intentionally conducted and participated in the affairs of said Enterprise by participating in a pattern of criminal activity.

The Criminal Enterprise

The Lucchese Construction Group was a group of Lucchese Organized Crime Family members and associates, construction industry contractors, and union officials, including all of the Defendants, and others known and unknown to the Grand Jury, sharing a common purpose of engaging in criminal conduct, associated in an ascertainable structure, that was distinct from a pattern of criminal activity, and with a continuity of existence, structure, and criminal purpose beyond the scope of individual criminal incidents.

The Purpose of the Criminal Enterprise

The common purpose of the Lucchese Construction Group was to make money for its members by engaging in, among other things, criminal schemes related to the construction industry, including price fixing, bid rigging and other anticompetitive arrangements. Among the bids that members of the Enterprise rigged included those on construction sub-contracts involving New York City School Construction Authority projects at Intermediate School "IS") 93 in Queens County, Public School "PS") 33 in Queens County, and IS 254 in Bronx County; subcontracts for rehabilitation projects with the New York City Department of Transportation for the 59th Street Bridge and the Triborough Bridge and Tunnel Authority for the Triboro Bridge; the renovation of the Park Central Hotel in New York County; and the construction of the Doral Arrowwood conference center in Westchester County.

In addition to being awarded rigged bids, construction industry contractor members of the Enterprise "contractor enterprise members"), through the influence and control of union official members of the enterprise, were able to realize lower labor costs. The corrupt arrangements involved various construction trade unions, including Builders and Allied Craftsmen Local Union No. 1 New York "BAC Local 1 ")-the bricklayers union for the New

3

York City area, and Local 608 of the United Brotherhood of Carpenters and Joiners of America the carpenters' union for much of New York .County. The reduced labor costs realized by contractor enterprise members greatly enhanced their competitiveness in the construction industry in the City and State of New York-amounting to the fixing of prices and placed legitimate construction industry contractors who were not a part of the Lucchese Construction Group at a disadvantage. The projects on which contractor enterprise members enjoyed such a competitive advantage included IS 93, PS 33, the Park Central Hotel and luxury apartments at 354 Broadway in New York County.

In return for rigging bids, fixing prices, and engaging in other anticompetitive arrangements, the Lucchese Organized Crime Family members of the Enterprise received a minimum of five percent of each contract price, as a "mob tax," paid by the contractor enterprise members. Additionally, contractor enterprise members were required to employ made members of the Lucchese Organized Crime Family as "no show" or "no work" employees, primarily as a means of maintaining an ostensibly legitimate source of income, but also to provide medical coverage and pensions for these individuals. A "no show" job meant literally that the person was paid for not being present at a job site, and a "no work" job meant that the person would be at a construction site not working, but engaging in other Lucchese Organized Crime Family schemes.

Further, some contractor enterprise members, particularly defendant Steven Chait Osserman of Kent Building Systems Inc., a modular construction company, acted as a front for Steven L. Crea who: would otherwise not be permitted to conduct business with the School ,Construction Authority. Moreover, -Crea required certain contractors to purchase modular construction units from Kent in order to conduct business in New York State.

4

Structure of the Criminal Enterprise

At all times relevant to this indictment, Lucchese Organized Crime Family members and associates of the Lucchese Construction Group influenced and controlled contractor enterprise members of the Lucchese Construction Group and union official members of the Lucchese Construction Group. In addition, through their association with the Lucchese Organized Crime Family members and associates of the Lucchese Construction Group, the contractor enterprise members of the Lucchese Construction Group influenced the union official members of the Lucchese Construction Group. Below is a list of the Lucchese Construction Group Members by their affiliation with either the Lucchese Organized Crime Family, participating contractor enterprise members, or union official members.

I. Lucchese Organized Crime Family Members and Associates of the Lucchese Construction Group

The Lucchese Organized Crime Family was part of a nationwide criminal organization known by various names including the "Mafia" and "La Cosa Nostra." It operated through entities called "Families," of which the Lucchese Organized Crime Family was one. Each family was run by a "boss." The head of the Lucchese Organized Crime Family was Vittorio Amuso who is serving a life sentence. The "boss" and "acting boss" were assisted by an "underboss" and a counselor or "consigliere." During times relevant to the indictment, defendant Steven L. Crea held the titles of "underboss" and "acting boss" of the Lucchese Organized Crime Family.

Beneath these executives, the Lucchese Organized Crime Family structure consisted of "crews." Each crew was headed by a Lucchese Organized Crime Family member variously referred to as "capo," "captain," or "caporegime," and was comprised of members and associates of the Lucchese Organized Crime Family. Members, also referred to as "soldiers,"

5
"wiseguys," and "friends," were "made" at formal induction ceremonies. Associates, which included among other individuals, contractors and union officials, although not formally inducted as members of the Lucchese Organized Crime Family, regularly participated in and advanced its affairs. Defendant Steven L. Crea engaged in criminal activities including the falsification of business records, the rigging of bids and the corruption of union officials. In addition Crea held an undisclosed interest in and managed the business affairs of Kent Building Systems Inc., and oversaw and coordinated the affairs of the Lucchese Organized Crime Family and the Lucchese Construction Group and received the proceeds thereof. Defendant Dominic Truscello and defendant Joseph Tangorra were Captains in the Lucchese Organized Crime Family. Truscello was the Captain of the Prince Street Crew of the Lucchese Organized Crime Family. He assisted Crea in the direction of the Lucchese Construction Group, supervised his crew of soldiers and associates and received a portion of the proceeds of the pattern of criminal activity involving his crew members--soldier Joseph Datello and associate Sean Richard-involving the labor savings at the Park Central Hotel and the rigged bids at the Doral Arrowwood project. In addition to receiving cash payments, Truscello was placed on the payroll of a contractor so that he could qualify for a pension that he was not entitled to from the Mason Tenders' District Council. Tangorra was a Captain of a Brooklyn based Crew of the Lucchese Organized Crime Family. He assisted Crea in the direction of the Lucchese Construction Group by supervising other members of the Lucchese Construction Group who were soldiers and associates. His crew included defendants Arthur Zambardi, a soldier, and Andrew Reynolds and Giuseppe Palmeri, associates. Tangorra brokered the settlement of a dispute involving the Bonnano Organized Crime Family of La Cosa Nostra which involved defendants Dominick and Anthony Frantellizzi, principals of Commercial Brick

6
Inc., over the project at 354 Broadway, and also received the proceeds of rigged bids involving projects at IS 254 in the Bronx. Defendant Joseph Datello was a soldier in Dominic Truscello's Prince Street Crew. Datello engaged in the rigging of bids at the IS 254 project and the Doral Arrowwood conference center, received a benefit from the corrupt influencing of labor officials involved in the Park Central Hotel Project, and collected the "mob tax." Defendants Philip DeSimone and Arthur Zambardi were soldiers in Lucchese Captain Joseph DiNapoli's crew who were engaged in the rigging of bids involving the IS 254 project, the settlement of the dispute involving the project at 354 Broadway, and the collection of the "mob tax." Zambardi also engaged in price fixing and corruptly influencing union officials for contractor enterprise member Saul Heifetz and others. Defendant Anthony Pezzullo was a soldier in the Lucchese Organized Crime Family Captain Joseph Giampa's crew, who engaged in the rigging of bids involving Commercial Brick Inc., corruptly influenced union officials for the Frantellizzis, Saul Heifetz and others, and collected the "mob tax." Joseph Truncale, a soldier in the crew of Lucchese Organized Crime Family Captain Anthony Santorelli, was given a "no work" job at the IS 254 project by defendants Marmer Brothers Construction LLC. and Kevin Barber, a Marmer Brothers Vice President. Defendants Giuseppe Palmeri, his brother Alessandro Palmeri, and Andrew Reynolds were associates of Lucchese Organized Crime Family Captain Joseph Tangorra. All three men engaged in bid rigging involving the IS 254 project. Alessandro Palmeri also served as a shop steward for Laborers International Union Local 20 Cement and Concrete Workers) and falsified union shop steward reports for the IS 254 project.

7
 II. Contractor Enterprise Members of the Lucchese Construction Group

Defendant Saul Heifetz was a union mason contractor who operated under a number of i corporate names, including defendants DIBA Corp. and Grand Train Corp. Heifetz worked on I masonry and concrete projects throughout New York State, including New .York County. Through his association with Lucchese Organized Crime Family members and associates of the j Lucchese Construction Group, Heifetz was able to use a large nonunion labor force which he i paid below the union and prevailing rates of wage. Heifetz paid Mikolaj "Nick" Poniatowski, who ran defendant Mietek Mason Contractors Inc., for the use of his non-union labor force on union and public work projects. In addition, Heifetz and Poniatowski falsified certified payroll reports that were fled with the .New York City School Construction Authority "SCA") to conceal their use of non-union labor and their violation of the union and the prevailing wage requirements. Heifetz, paid a "mob tax" to Crea and other members of the Lucchese Organized Crime Family, including Arthur Zambardi and Anthony Pezzullo, in order to gain this

competitive advantage.

Defendant James Bonagura was an employee of Canron Construction Corp. and its

related entities. Bonagura assisted in the rigging of bids by the Lucchese Construction Group at IS 254, the 59th Street and the Triboro Bridge Projects, and received bribe payments from

Zambardi and Heifetz for his assistance in the rigging of bids by contractor enterprise members.

Defendant Adam Gallini was an estimator and project manager for defendant Marmer Brothers

Construction LLC. Gallini engaged in bid rigging with Bonagura and defendant Brim

Thompson, a principal of defendant New York Blacktop, for sub-contracts at the IS 254 project. Gallini also was involved in the falsification of Laborers International Union Local 20

Cement and Concrete) shop steward reports for Manner Brothers Constriction. Kevin Barber

Was a Manner Brothers Vice President who provided a "no work" job for Lucchese soldier

Joseph Truncale at the IS 254 project and falsified union remittance reports filed with the

8

Cement and Concrete District Council Benefit Funds office in order to under report overtime hours of Marmer Brothers union employees and also to allow Truncale to receive benefits and qualify for a pension. Defendant Dominic Detore, a principal of defendant Cleveland Construction Co., engaged in bid rigging with Bonagura, and was awarded subcontracts for his

 participation in the Lucchese Construction Group. In return Detore paid a "mob tax" on each i such project. Defendants Anthony Frantellizzi and his brother Dominick Frantellizzi were owners and officers of defendant Commercial Brick Inc., a union masonry contractor, who, through their association with Anthony Pezzullo, Arthur Zambardi and Andrew Reynolds, were able to use a non-union work force in violation of their collective bargaining agreement with Local 1. In return for this, the Frantellizzis paid the "mob tax" to the Lucchese Organized Crime Family. Defendants Steven Chait Osserman and Nicholas Russo, the ostensible owners and officers of Kent Building Systems Inc., were in fact fronts for Steven L. Crea. In order to conceal Crea's true ownership and control of Kent, Osserman and Russo falsified business records and filed false statements with the New York City School Construction Authority, in an attempt to secure certifications to perform work in the New York City School System. Defendant Lawrence Wecker was a principal , of Lisa Construction Corp. Wecker paid the "mob tax" to the Lucchese Organized Crime Family in return for his being allowed to perform work throughout the City arid State of New York with non-union workers. Wecker and defendant Kenneth Gordon, an insurance claims adjuster for the company that held a performance bond, rigged the bid four a subcontract at the Doral Arrowwood project, and along with Gordon, Anthony O'Donnell, Joseph Datello, and Steven L. Crea stole over $50,000 from AIG Insurance Company and its affiliate, the Insurance Company of Pennsylvania. Defendant Joseph Martinelli, the owner of defendant North Berry Corp., was a contractor who paid the "mob tax" in return for his ability to violate his collective bargaining

9 agreements with the Concrete Workers District Council Benefit Fund by employing non-union workers and paying his union workers cash overtime. Martinelli created a fifteen thousand dollar a week cash "off the books" payroll which defrauded the. Fund and caused numerous false remittance reports to be f led< with the Fund in order to conceal the secret payroll. Defendants Anthony. O'Donnell and Anthony Rucereto worked with Sean Richard, an associate in Dominic Truscello's crew. Sean Richard was the principal of S & S Contractors Inc., a subcontractor that violated its collective bargaining agreement with the Carpenters' Union by using non-union labor at the Park Central Hotel project. Sean Richard was the son-in-law of John Riggi; the boss of the DeCavalcante Organized Crime Family of La Cosa Nostra, a New Jersey based. organized crime family that also operated in New York. Defendant Finbar O'Neill was an officer of Terra Firma Construction Management and General Contracting LLC. O'Neill used Zambardi, Reynolds and Giuseppe Palmeri to coerce a contractor to remove a lien from a project after Zambardi stole money from the contractor. O'Neill also paid the "mob tax" and falsified business records to conceal Zambardi's theft and his payment of the "mob tax."

III. Union Official Members of the Lucchese Construction Group Defendant Joseph Pezzullo, the brother of Anthony Pezzullo, was a shop steward for Local 1 of the Builders and Allied Craftsmen Union who in return for bribe payments, violated his duty as a union official by under reporting hours worked on shop steward reports. Defendants Henri LaBarbera and Thomas Zmich were Local 1 shop stewards who, in return for bribe payments, violated their duties as union officials by under reporting hours on shop steward reports for the PS 33 and IS 93 projects: Defendant Santo Lanzafame was the President of the Builders and Allied Craftsmen Local 1. Lanzafame appointed LaBarbera as shop steward on PS 33 with the knowledge that LaBarbera would file false shop steward reports in exchange for bribe

10 payments. Defendants Jeremiah Sullivan, Sr., John Cucchiarella, and Anthony Barbagallo were Business Agents for Local 1, who violated their duties as union officials by allowing the use of non-union labor and the falsification of union shop steward reports. Cucchiarella and Barbagallo received bribe payments for their involvement in the use of non-union labor and the falsification of union shop steward reports. Defendant Michael Forde was President of Local 608 of the United Brotherhood of Carpenters and Joiners of America, and defendant Martin Devereaux was a Business Agent for Local 608. Both Forde and Devereaux received bribe payments in return for violating their duties as union officials by allowing the use of non-union labor and the violation of other union requirements by contractor enterprise members. Defendant Gerald Woods was the Executive Secretary-Treasurer/Business Manager for the Northern New Jersey Regional Council of Carpenters United Brotherhood of Carpenters and Joiners of America. Woods received bribe payments from defendant Anthony Rucereto in return for violating his duties as a union official by allowing the use of non-union labor and the violation of other union requirements by contractor enterprise members, and improperly sponsoring S & S Contractors Inc. and LVC Window Blinds and Drapery Inc. for United Brotherhood of Carpenters and Joiners International Agreements.

Pattern of Criminal Activity During the period of this offense, each of the defendants, as specified below, participated in a pattern of criminal activity with intent to participate in the affairs of the Lucchese Organized Crime Family as follows:

Pattern Act 1 The defendants Steven L. Crea, Dominic Truscello, Joseph Tangorra, Joseph Datello, Philip DeSimone, Anthony Pezzullo, Joseph Truncale, Arthur Zambardi, Saul Heifetz, Lawrence Wecker, Kenneth Gordon, Joseph Martinelli, Nicholas Russo, Steven Chait

11

Osserman, Joseph Pezzullo, Andrew Reynolds, Alessandro Palmeri, Giuseppe Palmeri, Mikolaj Poniatowski, James Bonagura, Adam Gallini, Kevin Barber, Brian Thompson, Dominick Detore, Anthony Frantellizzi, Dominick Frantellizzi, Anthony Rucereto, Anthony O'Donnell, Gerald Woods, Michael Forde, Martin Devereaux, Santo Lanzafame, Jeremiah Sullivan, Sr., John Cucchiarella, Anthony Barbagallo, Henri LaBarbera, Thomas Zmich, Finbar O'Neill,  Grand Train Corp, DIBA Corp. Mietek Mason Contractors Inc., Lisa Construction Corp" Commercial Brick Inc., Marmer Brothers Construction LLC., New York Blacktop Corp., Cleveland Construction Co., North Berry Corp., Terra Firma Construction Management & General Contracting LLC. and Kent Building Systems, Inc., committed 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 1997 through on or about the date of this indictment, in New York County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and intentionally entered into 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.

Project 1

Pattern Act 2

The defendants, Steven L. Crea, Joseph Datello, Saul Heifetz, Lawrence Wecker andLisa Construction Corp., committed the crime of COMBINATION IN RESTRAINT OFTRADE AND COMPETITION, in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from on or about January 1, 1997 to on or about December 18, 1997, in New York County and elsewhere, acting with others known and unknown to the Grand Jury,

12

 ii

knowingly and intentionally engaged irk a contract, agreement, arrangement and combination in I unreasonable restraint of trade and i , 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 project known to the Grand Jury as Project 1.

Pattern Act 3 The defendants Steven L. Crea, Joseph Datello, Saul Heifetz, and Lawrence Wecker committed the crime of COERCION IN THE FIRST DEGREE, in violation of Penal Law

i Section 135.651), as follows: Said defendants, from on or about November 5, 1997 to on or about December 18, 1997, in New York County and elsewhere, compelled and induced a person, known to the grand jury as John Doe 1, to engage in conduct which the latter had a legal right to abstain from engaging in, and to abstain from engaging in conduct in which he had a legal right to engage, by means of instilling in him the fear that if the demand was not complied with, the actor or another would cause physical injury to a person and cause damage to property.

Pattern Act 4 The defendants Steven L. Crea, Joseph Datello, Saul Heifetz, and Lawrence Wecker committed the crime of COERCION IN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as follows: Said defendants, from on or about November 5, 1997 to on or about December 18, 1997, in New York County and elsewhere, compelled and induced a person, known to the grand jury as John Doe 2, to engage in conduct which the latter had a legal right to abstain from engaging in and to abstain from engaging in conduct in which he had a legal right to engage by means of instilling in him the fear that if the demand was not complied with, the actor or another would cause physical injury to a person and case damage to property.

13

 Pattern Act 5 The defendants Joseph Datello, Saul Heifetz, Lawrence Wecker and Lisa Construction Corp., committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendants, on or about December 18, 1997, in New York County and elsewhere, with intent to influence a labor official known to the grand jury as John Doe 1, with respect to his acts, decisions and duties as a labor official, conferred, offered, and agreed to confer a benefit, to wit, a sure of United States currency, upon such labor official.

Pattern Act 6 The defendants Joseph Datello; Saul Heifetz, Lawrence Wecker, and Lisa Construction Corp., 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 December 2, 1997, in Bronx County and elsewhere, with intent to defraud, including the intent to commit another crime and to 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 purchase order for Lisa Construction Corp.

Pattern Act 7 The defendants Joseph Datello, Saul Heifetz, Lawrence Wecker, and Lisa Construction Corp., 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 December 2, 1997, in Bronx County and elsewhere, with intent to defraud, including the intent to commit another crime and to 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 Lisa Construction Corp. check.

14

 IS 93 Project Pattern Act 8 The defendants, Steven L. Crea, Anthony Pezzullo, Arthur Zambardi, Saul Heifetz, Santo Lanzafame, Jeremiah Sullivan, Sr., John Cucchiarella, Mikolaj Poniatowski, Thomas Zmich, DIBA Corp., Grand Train Corp. and Mietek Mason Contractors Inc., committed 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 December 1998, in Queens 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 the New York School Construction Authority Project at IS 93 Queens.

Pattern Act 9 The defendants, Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, DIBA Corp. and Grand Train Corp., committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendants, on or about April 24, 1998, in Queens County and elsewhere, with intent to influence Thomas Zmich, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union shop steward, in respect to his acts, decisions; and duties as a labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

15

 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 I 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

16

 a New York City School Construction Authority certified payroll report for DIBA Corp. for work performed at IS 93 for the week ending April 25, 1998.

Pattern Act 13 The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason Contractors Inc., committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal Law Section 210.10, as follows: Said defendants, on or about May 6, 1998, in Queens County and elsewhere, swore falsely, and their false statement was made in a subscribed written instrument for which an oath is required by law, to wit a New York City School Construction Authority Certified Payroll report for the week ending April 25, 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 14 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 a New York City School Construction Authority certified payroll report for DIBA Corp. for work performed at IS 93 for the week ending May 2, 1998.

17

 Pattern Act 15 The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason Contractors Inc., committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal Law Section 210.10, as follows: Said defendants, on or about May 6, 1998, in Queens County and elsewhere, swore falsely, and their false statement was made in a subscribed written instrument for which an oath is required by law, to wit a New York City School Construction Authority Certified Payroll report for the week ending May 2, 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 16 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 16, 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 May 9, 1998.

Pattern Act 17 The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason Contractors Inc., committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal Law Section 210.10, as follows: Said defendants, on or about May 16, 1998, in Queens County and elsewhere, swore falsely, and their false statement was made in a subscribed written instrument for which an oath

18

 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 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 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

 Pattern Act 20

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 far about May 9, 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

I la Shop Steward report of Local 1 of the Builders and Allied Craftsmen Union for work

Performed at IS 93 for the week ending May 9, 1998.

Pattern Act 21

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

i

IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendants, on, or about May 16; 1998, in Queens County and elsewhere, with i

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 16, 1998.

Pattern Act 22

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:

20 Said defendants, on or about May 23 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 23 1998. PS 33 Project Pattern Act 23 The defendants, Steven L. Crea, Anthony Pezzullo, Arthur Zambardi, Saul Heifetz, Santo Lanzafame, Jeremiah Sullivan, Sr., John Cucchiarella, Mikolaj Poniatowski, Henri LaBarbera, DIBA Corp., Grand Train .Corp. and Mietek Mason Contractors Inc., committed 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 April 1998 through in or about December 1998, in Queens 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 bid rigging and price fixing relating to the New York School Construction Authority Project at PS 33 in Queens.

Pattern Act 24 The defendants, Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Santo Lanzafame, DIBA Corp. and Grand Train Corp. committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendants, on or about June 21, 1998, in Queens County and elsewhere, with intent to influence Henri LaBarbera, a labor official, to wit a Local 1 Builders and Allied

21 Craftsmen Union shop steward, in respect to his acts, decisions, and duties as a labor official, conferred; offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

Pattern Act 25 The defendant Henri LaBarbera, 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 June 21, 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 26 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 June 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 a New York City School Construction Authority certified payroll report for DIBA Corp. for work performed at PS 33 for the week ending June 6,1998.

Pattern Act 27 The defendants Saul Heifetz; Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason Contractors Inc., committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal Law Section 210.10, as follows:

22 Said defendants, on or about June 6, 1998, in Queens County and elsewhere, swore falsely, and their false statement was made in a subscribed written instrument for which an oath is required by law, to wit a New York City School Construction Authority Certified Payroll report for the week ending June 6, 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 28 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 July 21, 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 PS 33 for the week ending June 13, 1998.

Pattern Act 29 The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason Contractors Inc., committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal Law Section 210.10, as follows: Said defendants, on or about July 21, 1998, in Queens County and elsewhere, swore falsely, and their false statement was made in a subscribed written instrument for which an oath is required by law, to wit a New York City School Construction Authority Certified Payroll report for the week ending June 13, 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.

23 i

I Pattern- Act 30 I The defendants Saul Heifetz; Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski, I Santo Lanzafame, Jeremiah, Sullivan, Sr.,, Henri LaBarbera, 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 June 5, 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 lie 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 June 5, 1998.

Pattern Act 31

The defendants Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski, Santo Lanzafame, Jeremiah Sullivan, Sr., Henri LaBarbera, 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:

i Said defendants, on or about June 14, 1998; in Queens County and elsewhere, with intent to defraud, including the intent to commit another crime and aid arid 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 June 14, 1998. Pattern Act 32 The defendants Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski, i

Santo Lanzafame, Jeremiah Sullivan, Sr., Henri LaBarbera, 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:

24 Said defendants, on or about June 21, 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 June 21, 1998.

Pattern Act 33 The defendants Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski, Santo Lanzafame, Jeremiah Sullivan, Sr., Henri LaBarbera, 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 June 28, 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 June 28, 1998. Kent Building Systems Pattern Act 34 The defendants, Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. committed 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 January 1, 1998, to on or about December 31, 1998, in Queens 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

25 rigging and other anticompetitive arrangements, relating to the supply of modular construction units at the School Construction Project at IS 93 Queens.

Pattern Act 35 The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. committed the crime of COERCION IN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as follows: Said defendants, from on or about January 1, 1998 to on or about December 31, 1998, in Queens County and elsewhere, compelled and induced a person, known to the grand jury as John Doe 3, to engage in conduct which the latter had a legal right to abstain from engaging in and to abstain from engaging in conduct in which he had a legal right to engage by means of instilling in him the fear that if the demand was not complied with, the actor or another would cause physical injury to a person and cause damage to property.

Pattern Act 36 The defendants, Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. committed 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 January 1, 1998, to on or about December 31, 1998, in Queens 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 anal other anticompetitive arrangements relating to the supply of modular construction units at the School Construction Project at PS 33 Queens.

26 Pattern Act 37 The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. committed the crime of COERCION IN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as follows: Said defendants, from on or about January 1, 1998 to on or about December 31, 1998, in Queens County and elsewhere, compelled and induced a person, known to the grand jury as John Doe 3, to engage in conduct which the latter had a legal right to abstain from engaging in and to abstain from engaging in conduct in which he had a legal right to engage by means of instilling in him the fear that if the demand was not complied with, the actor or another would cause physical injury to a person and cause damage to property.

Pattern Act 38 The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo, and Kent Building Systems 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 4, 1997, in Bronx 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 subcontractor application for Kent Building Systems Inc., dated April 4, 1997.

Pattern Act 39 The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo, and Kent Building Systems Corp., committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law Section 175.35, as follows: Said defendants, on or about April 4, 1997, in Bronx County and elsewhere, knowing that a written instrument, to wit a New York City School Construction Authority subcontractor

27 application for Kent Building Systems Inc., dated April 4, 1997, contained a false statement or false information, and with intent to defraud the state or any political subdivision thereof, offered or presented it to a public office and public servant with the knowledge and belief that it will be filed with, registered and recorded in and otherwise become a part of the records of such public office, and public servant.

Pattern Act 40 The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal Law Section 210.10, as follows: I , Said defendants, on or about April 4, 1997, in Bronx County and elsewhere, swore falsely, and their false statement was made in a subscribed written instrument for which an oath is required by law, to wit a New York City School Construction Authority subcontractor application for Kent Building Systems Inc. dated April 4, 1997, and made with intent to mislead i a public servant in the performance of his -official ,functions and was material to the action, proceeding, and maner involved.

Pattern Act 41

The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo, and Kent Building Systems 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 August 21, 1997; in Bronx 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 III enterprise, to wit a New York City School Construction Authority prequalification application for Kent Building Systems Inc., dated August 21, 1997,

28

I. Pattern Act 42 The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo, and Kent Building Systems Inc., committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law Section 175.35, as follows: Said defendants, on or about August 21, 1997, in Bronx County and elsewhere, knowing that a written instrument, to wit a New York City School Construction Authority prequalification application for Kent Building Systems Inc., dated August 21, 1997, contained a false statement or false information, and with intent to defraud the state or any political subdivision thereof, offered or presented it to a public office and public servant with the knowledge and belief that it will be filed with, registered and recorded in and otherwise become a part of the records of such public office, and public servant.

Pattern Act 43 The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal Law Section 210.10, as follows: Said defendants, on or about August 21, 1997, in Bronx County and elsewhere, swore falsely, and their false statement was made in a subscribed written instrument for which an oath is required by law, to wit a New York City School Construction Authority prequalification application for Kent Building Systems Inc. dated August 21, 1997, 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.

29 Canron Construction Pattern Act 44

The defendants James Bonagura, Steven L. Crea, Arthur Zambardi, Saul Heifetz, DIBA Corp. and Grand Train Corp. committed 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 August 13, 1998 to on or about January 12, 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 subcontract for concrete and masonry work at the 59th Street Bridge.

Pattern Act 45 The defendants James Bonagura, Steven L. Crea, Arthur Zambardi, Saul Heifetz, DIBA Corp. and Grand Train Corp. committed 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 September 1, 1998 to on or about June 30, 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 concrete and masonry subcontract at the New York City School Construction Authority Project at IS 254 Bronx.

30 Pattern Act 46 The defendants James Bonagura, Alessandro Palmeri, Giuseppe Palmeri, Arthur Zambardi, Joseph Tangorra, Steven L. Crea, Andrew Reynolds, Adam Gallini, Brian Thompson, Dominick Detore, New York Blacktop Corp., Marmer Brothers Construction LLC., land Cleveland Construction Co. committed 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 November 18, ° 1998 to on or about December 1, 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 an excavation subcontract at the New York City School Construction Authority Project at IS 254 Bronx.

Pattern Act 47 The defendants Alessandro Palmeri, Giuseppe Palmeri, Arthur Zambardi, Joseph Tangorra, Andrew Reynolds and Adam Gallini, committed the crime of COMMERCIAL ,BRIBING IN THE FIRST DEGREE, in violation of Penal Law Section 180.03, as follows: Said defendants, from on or about November 18, 1998 to on or about November 23, 11998, in New York County and elsewhere, conferred, and offered and agreed to confer a benefit upon an employee, agent and fiduciary without the consent of the latter's employee and principal with intent to influence his conduct in relation to his employer's and principal's affairs, and the value of the benefit conferred and agreed to be conferred exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars.

31 Pattern Act 48 The defendant James Bonagura committed the crime of COMMERCIAL BRIBE RECEIVING IN THE FIRST DEGREE, in violation of Penal Law Section 180:08, as follows: Said defendant, from on or about November 18, 1998 to on or about November 23, 1998, in New York County and elsewhere, without the consent of his employer and principal solicited, accepted and agreed to accept any benefit from another person upon an agreement and understanding that such benefit would influence his conduct in relation to his employer's and principal's affairs and the value of the benefit solicited, accepted and agreed to be accepted exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars.

Pattern Act 49 The defendants James Bonagura, Arthur Zambardi, Joseph Tangorra, Steven L. Crea, Andrew Reynolds, Brian Thompson and New York Blacktop Corp., committed 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 April 6, 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 blacktop subcontract at the New York City School Construction Authority Project at IS 254 Bronx.

32 Pattern Act 50 The defendants James Bonagura, Joseph Datello, and Arthur Zambardi, committed the crime of COMBINATION TN RESTRAINT OF TRADE AND COMPETITION, in violation of General Business Law Sections 340 and 341, as follows: Said defendants, on or about January 27, 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 roofing subcontract at the New York City School Construction Authority Project at IS 254 Bronx.

Pattern Act 51 The defendants James Bonagura, Arthur Zambardi and Philip DeSimone committed 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 March 4, 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 subcontract to be awarded to Barbuto Roofing Corp.

33 Pattern Act 52 The defendants James Bonagura, Arthur Zambardi, Andrew Reynolds, Brian Thompson and New York Blacktop Corp. ,committed 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 November 1, 1998 to on or about March 31, 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 subcontract to be awarded to New York Blacktop Corp. at the Triboro Bridge.

Pattern Act 53 The defendants Said Heifetz .and Arthur Zambardi, committed the crime of COMMERCIAL BRIBING IN THE FIRST DEGREE, in violation of Penal Law Section 180.03, as follows: Said defendants, from on or about January 7, 1999 to on or about May 14, 1999, in New York County and elsewhere,. conferred, and offered and agreed to confer a benefit upon an employee, agent and, fiduciary without the consent of the latter's employee and principal with intent to influence his conduct in relation to his employer's and principal's affairs, and the value of the benefit conferred and agreed to be conferred exceeded ogle thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars.

34 Pattern Act 54 The defendant James Bonagura committed the crime of COMMERCIAL BRIBE RECEIVING IN THE FIRST DEGREE, in violation of Penal Law Section 180.08, as follows: Said defendant, from on or about January 7, 1999 to on or about May 14, 1999, in New York County and elsewhere, without the consent of his employer and principal solicited, accepted and agreed to accept any benefit from another person upon an agreement and understanding that such benefit would influence his conduct in relation to his employer's and principal's affairs and the value of the benefit solicited, accepted and agreed to be accepted exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars. Marmer Brothers Construction Pattern Act 55 The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 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 October 2, 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's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed by Marmer Brothers Construction at IS 254 for the week ending October 3, 1998.

Pattern Act 56 The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers ,Construction LLC., committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

35 I

Said defendants, on or about October 28, 1998, in Queens County and elsewhere, with i

intent to defraud, including the intent to commit another crime and aid and conceal the I commission thereof, made and caused to be made a false entry in the business records of an

enterprise, to wit an Employer's Remittance Agreement and Report, Cement and Concrete

District Council Fringe Benefit Funds for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending October 3, 1998.

Pattern Act 57

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers

Construction LLC:, committed the crime of FALSIFYING BUSINESS RECORDS IN THE

FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

I Said defendants, on or about October 9, 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's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending October 10, 1998.

Pattern Act 58 The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., committed the crime of FALSIFYING BUSINESS RECORDS IN THE

FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

I Said defendants, on or about December 18, 1998, in Queens County and elsewhere, with intent to defraud, including the intent to commit another crime and aid and conceal the i commission thereof, made and caused to be made a false entry in the business records of an

enterprise, to wit an Employer's Remittance Agreement and Report, Cement and Concrete I

36

I District Council Fringe Benefit Funds for work performed by Manner Brothers Construction LLC. at IS, 254 for the week ending October 10, 1998.

Pattern Act 59 The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Manner Brothers Construction LLC., 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 October 16, 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's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed by Manner Brothers Construction LLC. at IS 254 for the week ending October 17, 1998.

Pattern Act 60 The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 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 December 18, 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 an Employer's Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit Funds for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending October 17, 1998.

37 Pattern Act 61 The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 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: October 23, 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's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending October 24, 1998.

Pattern Act 62 The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 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 December 18, 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 an Employer's Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit Funds for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending October 24, 1998.

Pattern Act 63 The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

38 Said defendants, on or about October 30, 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's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending October 31, 1998.

Pattern Act 64 The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 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 December 18, 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 an Employer's Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit Funds, for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending October 31,1998.

Pattern Act 65 The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 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 November 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 a Shop Steward's Weekly Payroll Report, Cement and Concrete District

39 Council Local 20 for work performed by Marmer Brothers Construction LLC. at IS 254 for the I week ending November 7, 1998.

Pattern Act 66

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers

Construction LLC., committed the crime of FALSIFYING BUSINESS RECORDS IN THE

FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defend its, on or about December 18, 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 Employer's Remittance Agreement and Report, Cement and Concrete

District Council Fringe Benefit Funds, for work performed by Marmer Brothers Construction

LLC. at IS 254 for a week ending November 7, 1998.

Pattern Act 67

The defendants Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction

LLC., committed . e crime. of FALSIFYING BUSINESS RECORDS 1N THE FIRST

DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendants, on or about November 21, 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's Weekly Payroll Report, Cement and Concrete District

Council Local 20 for work performed by Marmer Brothers Construction LLC. at IS 254 for the

week ending November 21, 1998.

40 Pattern Act 68

The defendants Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 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 December 18, 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 an Employer's Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit Funds, for work performed by Manner Brothers Construction LLC. at IS 254 for the week ending November 21, 1998.

Pattern Act 69

The defendants Joseph Truncale, Kevin Barber and Manner Brothers Construction LLC., 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 December 26, 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's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed by Manner Brother Construction LLC. at IS 254 for the week ending December 26, 1998.

Pattern Act 70

The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction LLC., committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

41 Said defendants, on or about December 26, 1.998, 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 an Employer's Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit Funds, for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending December 26, 1998.

Pattern Act 71 The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction LLC., 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 January 4, 1999, 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's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed by Manner Brother Construction LLC. at IS 254 for the week ending January 4, 1999.

Pattern Act 72 The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction LLC., 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 January 11, 1999, 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's Weekly Payroll Report, Cement and Concrete District

42 Council Local 20 for work performed by Marmer Brother Construction LLC. at IS 254 for the Week ending January 11, 1999.

Pattern Act 73 The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction LLC., 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 January 18, 1999, 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's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed by Marmer Brother Construction LLC. at IS 254 for the week ending January 18, 1999.

Pattern Act 74 The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction LLC., 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 January 25, 1999, 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's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed by Marmer Brother Construction LLC. at IS 254 for the week ending January 25, 1999.

43 Pattern Act 75 The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction LLC., 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 March 30, 1999, 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 an Employer's Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit Funds, for work performed by Marmer Brothers Construction LLC. at IS 254 for the period week ending January 2, 1999 through week ending January 23, 1999.

Pattern Act 76 The defendants Kevin Barber and Marmer Brothers Construction LLC., committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST. DEGREE, in violation of Penal Law Section 175.35, as follows: Said defendants, on or about January 9, 1999, in Queens County and elsewhere, knowing that a written instrument, to wit a New York City School Construction Authority certified payroll report for Marmer Brothers Construction LLC., for work performed at IS 254 for the week ending January 9; 1999, contained a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, offered or presented it to a public office, public servant, public authority or public benefit corporation with the knowledge and belief that it will be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation.

44 Commercial Brick

I Pattern Act 77

The defendants Anthony Pezzullo, Anthony Frantellizzi, Dominick Frantellizzi and Commercial Brick Inc., committed 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 October 14, 1997 in Queens 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 i,, 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 masonry subcontract at the New York City School Construction Authority project at IS 93 Queens.

Pattern Act 7$

The defendants Anthony Pezzullo, Anthony Frantellizzi, Dominick Frantellizzi and Commercial Brick Inc., committed the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, inn 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.

Pattern Act 79

The defendants Anthony Pezzullo, Arthur Zambardi, Andrew Reynolds, Joseph

Tangorra, Philip DeSimone, Steven L. Crea, Joseph Datello, Giuseppe Palmeri, Anthony

45 Frantellizzi, Dominick Frantellizzi and Commercial Brick Inc., committed 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 rigging and other, anticompetitive arrangements relating to a construction project at 354 Broadway.

Pattern Act 80 II, The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick 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 :March 3, 1998, in Queens County and elsewhere, with intent to defraud, including the intent to commit another crime and aid and conceal the i commission thereof, omitted to make a true entry in the business records of an enterprise in violation of a duty to do so which they knew to be imposed upon them by law acid by the nature of their position, to wit a BAC Local Union No. 1, NY Shop Steward's Time Report for work performed by Commercial Brick Inc. at 354 Broadway for the week ending March 3, 1998.

Pattern Act 81 The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick Inc., committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

I

i I 46

Said defendants, on or about March 10, 1998, in Queens County and elsewhere, with intent to defraud, including the intent to commit another crime and aid and conceal the commission thereof, omitted to make a true entry in the business records of an enterprise in violation of a duty to do so which they, knew to be imposed upon them by law and by the nature. of their position, to wit a BAC Local Union No. 1, NY Shop Steward's Time Report for work i performed by Commercial Brick Inc. at 354 Broadway for the week ending March 10, 1998. Pattern Act 82 The defendants Anthony ,Frantellizzi, Dominick Frantellizzi, and Commercial Brick 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 March 17, 1998, in Queens County and elsewhere, with intent to defraud, including the intent to commit another crime and aid and conceal the commission thereof, omitted to make a true entry in the business records of an enterprise in violation of a duty to do so which they knew to be imposed upon them by law and by the nature of their position, to wit a BAC Local Union No. 1, NY Shop Steward's Time Report for work performed by Commercial Brick Inc. at 354 Broadway for the week ending March 17, 1998.

Pattern Act 83 The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick 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 March 24, 1998, in Queens County and elsewhere, with Iii intent to defraud, including the intent to commit another crime and aid and conceal the commission thereof, omitted to make a true entry in the business records of an enterprise in violation of a duty to do so which they knew to be imposed upon them by law and by the nature

47 of their position, to wit a BAC Local Union No. 1, NY Shop Steward's Time Report for work performed by Commercial Brick Inc. at 354 Broadway for the week ending March 24, 1998.

Pattern Act 84 The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick 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 March 31, 1998, in Queens County and elsewhere, with intent to defraud, including the intent to commit another crime and aid and conceal the commission thereof, omitted to make a true entry in the business records of an enterprise in violation of a duty to do so which they knew to be imposed upon them by law and by the nature of their position, to wit a BAC Local Union No. 1, NY Shop Steward's Time Report for work performed by Commercial Brick Inc. at 354 Broadway, for the week ending March 31, 1998.

Pattern Act 85 The defendants Anthony Frantellizzi, Dominick Frantellizzi; Thomas Zmich and Commercial Brick 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 Aril 7, 1998, in Queens County and elsewhere, with intent o 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 BAC Local Union No. 1, NY Shop Steward's Time Report for work performed by commercial Brick Inc. at 354 Broadway for the week ending April 7, 1998.

Pattern Act 86

The defendants Anthony Pezzullo, Arthur Zambardi, Andrew Reynolds, Joseph

Tangorra Philip DeSimone, Steven L. Crea, Joseph Datello, Anthony Frantellizzi, Dominick

48

Frantellizzi and Commercial Brick Inc., committed the crime of COERCION IN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as follows: Said defendants, from on or about April 7, 1998, to on or about January 1, 1999, in New York County, compelled anal induced a person, known to the grand jury as John Doe 4, to

engage in conduct which the latter had a legal right to abstain from engaging in and to abstain I from engaging in conduct in which he had a legal right to engage by means of instilling in him the fear that if the demand was not complied with, the actor or another would cause physical injury to a person and cause damage to property. Projects Involving John Doe 5

II

Pattern Act 8"7

I The defendants Arthur Zambardi; Anthony Barbagallo, John Cucchiarella, and Joseph

Pezzullo, committed 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 April 1, 1997 to on or about June 1, 1997, in Queens

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 I 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 3.

Pattern Act 88

The defendants Arthur Zambardi, Anthony Barbagallo and John Cucchiarella,

committed the crime of COMBINATION IN .RESTRAINT OF TRADE AND COMPETITION, I in violation of General Business Law Sections 340 and 341, as follows:

49 Said defendants, from on or about January, 1, 1996 to on or about April 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 4.

Pattern Act 89 The defendants Arthur Zambardi, Anthony Barbagallo, and John Cucchiarella, committed 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 January 1, 1998 to on or about November 11, 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 5.

Pattern Act 90 The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendant, on or about :April 30, 1999, in New York County and elsewhere, with intent to influence Anthony Barbagallo, a labor official, to wit "a Local 1 Builders and Allied Craftsmen Union Business Agent, in respect to his acts, decisions, and duties as a labor official,

50 conferred, offered; and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

Pattern Act 91 The defendant Anthony Barbagallo, 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 l Builders and Allied Craftsmen Union Business Agent, on or about April 30, 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.

Pattern Act 92 The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendant, on or about May 7, 1999, in New York County and elsewhere, with ,intent to influence Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union Business Agent, in respect to his acts, decisions, and duties as a labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

Pattern Act 93 The defendant Anthony Barbagallo, 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 I Builders and Allied Craftsmen Union Business Agent, on or about May 7, 1999, in New York County and elsewhere, solicited, accepted, and agreed to accept a benefit from Arthur Zambardi, and others known to the grand

51 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 94 The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendant, on or about May 14, 1999, in New York County and elsewhere, with intent to influence Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union, Business Agents in: respect to his acts, decisions, and duties as a labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

Pattern Act 95 The defendant Anthony Barbagallo, 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 Business Agent, on or about May 14, 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.

Pattern Act 96 The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendant, on or about May 21, 1999, in New York County and elsewhere, with intent to influence Anthony Barbagallo, a labor official; to wit a Local 1 Builders and Allied Craftsmen Union Business Agent, in respect to his acts, decisions, and duties as a labor official,

52 i

conferred; offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon

such labor official. i Pattern Act 97

The defendant Anthony Barbagallo, 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

Business Agent, on or about May 21, 1999, in New York County and elsewhere, solicited, I 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.

Pattern Act 98

The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR

OFFICIAL, in violation of Penal Law Section 180.15, as follows:

Said defendant, on .or about May 28, 1999, in New York County and elsewhere, with

intent to influence Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied

Craftsmen Union Business Agent, in respect to his acts, decisions, and duties as a labor official,

conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon

such labor official.

Pattern Act 99

The defendant Anthony Barbagallo, 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 anal 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

53 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 100 The defendant Joseph Pezzullo, 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 15, 1997, in Queens County and elsewhere, solicited, accepted, and agreed to accept a benefit from a person known to the grand jury as John Doe 5, 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 101 The defendant Joseph Pezzullo, 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 22, 1997, in Queens County and elsewhere, solicited, accepted, and agreed to accept a benefit from a person known to the grand jury as John Doe 5, 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 102 The defendant Joseph Pezzullo, 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 29, 1997, in Queens County and elsewhere, solicited, accepted, and agreed to accept a benefit from a person known to the grand jury as John Doe 5, upon an

54 i 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 103 The defendant Joseph Pezzullo, 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 May 6, 1997, in Queens County and elsewhere, solicited, accepted, I, and agreed to accept a benefit from a person known to the grand jury as John Doe 5, 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 104

The defendant Joseph Pezzullo, committed the crime of BRIBE RECEIVING BY A

LABOR OFFICIAL, in violation of Penal Law Section 180.25, as follows:

I Said defendant, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union Shop Steward, on or about May 13, 1997, in Queens County and elsewhere, solicited, accepted, and agreed to accept a benefit from a person known to the grand jury as John Doe 5, 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 105 The defendant Joseph Pezzullo, 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 May 20, 1997, in Queens County and elsewhere; solicited, accepted, and agreed to accept a benefit from a person known to the grand jury as John Doe 5, upon an

55 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 106 The defendants Arthur Zambardi, Anthony Barbagallo, John Cucchiarella, and Joseph Pezzullo, 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 15, 1997, 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 BAC Local Union No. 1, NY Shop Steward's Time Report for work performed at Project 3 for the week ending April 15, 1997.

Pattern Act 107 The defendants Arthur Zambardi, Anthony Barbagallo, John Cucchiarella, and Joseph Pezzullo, 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 22, 1997, 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 BAC Local Union No. 1, NY Shop Steward's Time Report for work performed at Project 3 for the week ending April 22, 1997.

Pattern Act 10$ The defendants Arthur Zambardi, Anthony Barbagallo, John Cucchiarella, and Joseph Pezzullo, committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE; in violation of Penal Law Section 175.10, as follows:

56 Said defendants, on or about April 29, 1997, 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 BAC Local Union No. 1, NY Shop Steward's Time Report for work performed at Project 3 for the week ending April 29, 1997.

Pattern Act 109 The defendants Arthur Zambardi, Anthony Barbagallo, John Cucchiarella, and Joseph Pezzullo, committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST I, DEGREE, in violation of Penal Law Section 175.10, as follows: Said defendants, on or about May 6, 1997, 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 BAC Local Union No. 1, NY Shop Steward's Time Report for work performed at Project 3 1 for the week ending May 6, 1997.

Pattern Act 110 The defendants Arthur Zambardi, Anthony Barbagallo, John Cucchiarella, and Joseph Pezzullo, 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 13, 1997, 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 BAC Local Union No. 1, NY Shop Steward's Time Report for work performed at Project 3 for the week ending May 13, 1997.

57 Pattern Act 111 The defendants Arthur Zambardi, Anthony Barbagallo, John Cucchiarella, and Joseph Pezzullo, 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 20, 1997, 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 BAC Local Union No. 1, NY Shop Steward's Time Report for work performed at Project 3 for the week ending May 20, 1997. The Park Central Hotel Project Pattern. Act 112 The defendants Steven L. Crea, Dominic Truscello, Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael, Forde; Martin Devereaux and Gerald Woods committed 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 on 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.

Pattern Act 113 The defendant Anthony Rucereto, committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows:

58 Said defendant, on or about April 30, 1998, in New York County and elsewhere, with intent to influence Michael Forde, a labor official, to wit the President of Local 608 of the Carpenters and Joiners International Union, in respect to his acts, decisions, and duties as a labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

Pattern Act 114 The defendant Anthony Rucereto, committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendant, on or about April 30, 1998, in New York County and elsewhere, with intent to influence Martin Devereaux, a labor official, to wit a Business Agent for Local 608 of the Carpenters and Joiners International Union, in respect to his acts, decisions, and duties as a labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

Pattern Act 115 The defendant Anthony Rucereto, committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendants, in or about April 1998 in New York County and elsewhere, with intent to influence Gerald Woods, a labor official, to wit the Executive Secretary-Treasurer/Business Manager for the Northern New Jersey Regional Council of Carpenters United Brotherhood of Carpenters and Joiners of America, in respect to his acts, decisions, and duties as a labor ,official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

Pattern Act 116 The defendant Michael Forde, committed the crime of BRIBE RECEIVING BY A LABOR OFFICIAL, in violation of Penal Law Section 180.25, as follows:

59 Said defendant, .,a labor official, to wit the President of Local 608 of the Carpenters and Joiners International Union;: on or about April 30; 1998, in New York County and elsewhere, solicited, accepted, and agreed to accept a benefit from Anthony Rucereto, 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 117 The defendant Martin Devereaux, 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 Business Agent for Local 608 of the Carpenters and Joiners International Union; on or about April 30, 1998 in New York County and elsewhere, solicited, accepted,. and agreed to accept a benefit from Anthony Rucereto 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 118 The defendant Gerald Woods, 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 the Executive Secretary-Treasurer/Business Manager for the Northern New Jersey Regional Council of Carpenters United Brotherhood of Carpenters and Joiners of America, in or about April 1998, in New York County and elsewhere, solicited, accepted, and agreed to accept a benefit from Anthony Rucereto, 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.

60 Pattern Act 119

The defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, 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 22, 1998, in New York 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 for Local 608 of the United Brotherhood of Carpenters and Joiners of America for the week ending May 22, 1998.

Pattern Act 120

The defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, 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 29; 1998, in New York 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 for Local 608 of the United Brotherhood of Carpenters land Joiners of America for the week ending May 29, 1998.

Pattern Act 121

The defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, 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 June 5, 1998, in New York 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

61 enterprise, to wit a Shop Steward Report for Local 608 of the United Brotherhood of Carpenters and Joiners of America for the week ending June 5, 1998.

Pattern Act 122 The defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, 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 June 12 1998, in New York 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 for Local 608 of the United Brotherhood of Carpenters and Joiners of America for the week ending June 12, 1998.

Pattern Act 123 The defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde; Martin Devereaux and Gerald Woods, 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 June 19, 1998, in New York 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 for Local 608 of the United Brotherhood of Carpenters and Joiners of America for the= week ending June 19, 1998:

Pattern Act 124 The defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175:10, as follows:

62 Said defendants, in or about April 1998, in New York County and elsewhere, with intent I 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 District Council of Carpenters Employees Benefit Funds Remittance Report for S & S Contractors Inc. for the month of April 1998.

Pattern Act 125

The defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, 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 29, 1998, in New York 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 District Council of Carpenters Employees Benefit Funds Remittance Report for S & S Contractors Inc. for the payroll month ending May 29, 1998.

Pattern Act 126

The defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, 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 June 30, 1998, in New York 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 District Council of Carpenters Employees Benefit Funds Remittance Report for S & S Contractors Inc. for the payroll month ending June 30, 1998.

63 The Doral Arrowwood-Project Pattern Act 127 The defendants Steven L. Crea, Lawrence Wecker, Joseph: Datello, Anthony Rucereto, Anthony O'Donnell and Kenneth Gordon committed 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 August 1999 through in or about December 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 the award of a construction project at the Doral Arrowwood Conference Center.

Pattern Act 128 The defendants Lawrence Wecker; Joseph Datello, Anthony Rucereto, and Anthony O'Donnell, committed the crime of COMMERCIAL- BRIBING IN TIDE FIRST DEGREE, in violation-of Penal Law Section 180.03, as follows: Said defendants, from in or about August 1999 through in or about December 1999 in New York County and elsewhere, conferred, and offered and agreed to confer a benefit upon an employee, agent and fiduciary without the .consent of the latter's employee and principal with intent to influence his conduct in relation to his employer's and principal's affairs, and the value of the benefit conferred and agreed to be conferred exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars.

64 Pattern Act 129 r

The defendant Kenneth Gordon committed the crime of COMMERCIAL BRIBE

RECEIVING IN THE FIRST DEGREE, in violation of Penal Law Section 180.08, as follows:

Said defendant, from in or about August 1999 through in or about December 1999 in

New York County and elsewhere, without the consent of his employer and principal solicited, I accepted and agreed to accept any benefit from another person upon an agreement and

understanding that such benefit would influence his conduct in relation to his employer's and I principal's affairs and the value of the benefit solicited, accepted and agreed to be accepted

exceeded one thousand dollars and caused economic harm to the employer and principal in an

amount exceeding two hundred and fifty dollars.

Pattern Act 130

The defendants Steven L. Crea, Lawrence Wecker, Joseph Datello, Anthony Rucereto,

Anthony O'Donnell, and Kenneth Gordon committed the crime of GRAND LARCENY IN

THE SECOND DEGREE, in violation of Penal Law Section 155.401), as follows:

Said defendants, from in or about August 1999 through in or about December 1999 in

New York County and elsewhere, acting with others known and unknown to the Grand Jury,

stole property having a value in excess of $50,000 from AIG Insurance Co.

Dominic Truscello

Pattern Act 131

The defendant Dominic Truscello, committed the crime of FALSIFYING BUSINESS

RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendant, on or about May 31, 1998, in New York 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 Mason Tenders' District Council Trust Funds Employer's Remittance

65 Agreement and Report for a contractor known to the grand jury as John Doe 6 for the period May 4, 1998 to May 31, 1998.

Pattern Act 132 The defendant Dominic Truscello, committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows: Said defendant, on or about June 30, 1998, in New York 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 Mason Tenders' District Council Trust Funds Employer's Remittance Agreement and Report for a contractor known to the grand jury as John Doe 6 for the period June 1, 1998 to June 30, 1998.

Pattern Act 133 The defendant Dominic Truscello, committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows: Said defendant, on or about July 5, 1998, in New York 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 Mason Tenders' District Council Trust Funds Employer's Remittance Agreement and Report for a contractor known to the grand jury as John Doe 6 for the week ending July 5, 1998.

Pattern Act 134 The defendant Dominic Truscello, committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows: Said defendant, on or about August 12, 1998, in New York County and elsewhere, with intent to defraud, including the intent to commit another crime and aid and conceal the

66 commission thereof, made and caused to: be made a false entry in the business records of an enterprise, to wit a Mason Tenders' District Council Trust Funds Employer's Remittance Agreement and Report for a contractor known to the grand jury as John Doe 6 for the period July 6, 1998 to August 2, 1998. North Berry Pattern Act 135 The defendants Joseph: Martinelli, North Berry Corp. and Joseph Datello, 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 September 19, 1997, 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 wait a Cement and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance Agreement and Report for North Berry Corp. for the week ending July 29, 1997.

Pattern Act 136 The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 October 10, 1997, 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 :Cement and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance Agreement and Report for North Berry Corp. for the week ending August 19, 1997.

67 Pattern Act 137 The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 October 27, 1997, 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 Cement and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance Agreement and Report for North Berry Corp. for the week ending August 2.6, 1997.

Pattern Act 138 The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of. Penal Law Section 175A0,-as follows: Said defendants, on or about October 28, 1997, 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 Cement . and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance Agreement and Report for North Berry Corp. for the week ending September 2, 1997. z

Pattern Act 139 The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

68 Said defendants, on or about October 31, 1997, 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 Cement and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance Agreement and Report for North Berry Corp. for the week ending September 9, 1997.

Pattern Act 140 The defendants Joseph Martinelli, North Berry Corp., and Joseph Datello, 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 November 7, 1997, 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 Cement and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance Agreement and Report for North Berry Corp. for the week ending September 16, 1997.

Pattern Act 141 The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 March 3, 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 Cement and Concrete Workers District Council Fringe Benefit Funds

69 Employer's Remittance Agreement and Report for North Berry Corp. for the, week ending January 6, 1998.

Pattern Act 142 The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 October 27, 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 Cement and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance Agreement and Report for North Berry Corp. for the week ending October 6, 1998.

Pattern Act 143 The defendants; Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 November 17, 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 Cement and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance Agreement and Report for North Berry Corp. for the week ending November 10,1998.

70 Pattern Act 144 The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 November 20, 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 Cement and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance Agreement and Report for North Berry Corp. for the week ending October 20, 1998.

Pattern Act 145 The defendants Joseph Martinelli, North Berry Corp., and Joseph Datello, 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 December 3, 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 Cement and Concrete Workers District Council Fringe, Benefit Funds ,Employer's Remittance Agreement and Report for North Berry Corp. for the week ending November 24, 1998.

Pattern Act 146 The defendants Joseph Martinelli, North Berry Corp., and Joseph Datello, committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

71 Said defendants, on or about December 31, 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 Cement and Concrete Workers District Council Fringe Benefit Funds Employer's, Remittance Agreement and Report for North Berry Corp. for the week ending December 31, 1998.

Pattern Act 147 The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 December 17, 1999, 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 Cement and Concrete Workers District Council Fringe Benefit Funds Employer's-Remittance Agreement and Report for North Berry Corp. for the week ending December 7, 1999.

Pattern Act 148 The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 December 22, 1999, 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 Cement and Concrete Workers District Council Fringe Benefit Funds

72 Employer's Remittance Agreement and Report for North Berry Corp. for the week ending December 14, 1999.

Pattern Act 149

The defendants Joseph Martinelli, North Berry Corp., and Joseph Datello, 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 January 7, 2000, 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 Cement and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance Agreement and Report for North Berry Corp. for the week ending December 28, 1999.

Pattern Act 150

The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 February 10, 2000, 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 Cement and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance Agreement and Report for North Berry Corp. for the week ending January 11, 2000.

73 Terra Firma.

Pattern Act 151 The defendants Arthur Zambardi, Giuseppe Palmeri, Andrew Reynolds, Finbar O'Neill, and Terra Firma Construction Management & General Contracting LLC. committed the crime of GRAND LARCENY IN THE THIRD DEGREE, in violation of Penal Law Section 155.30, as follows: Said defendants, from on or about October 13, 1998 to on or about February 11, 1999, 1998, in Queens County and elsewhere, stole property having a value in excess of $3,000 from Commercial Brick Inc.

Pattern Act 152 The defendants Arthur Zambardi, Giuseppe Palmeri, Andrew Reynolds, Finbar O'Neill and Terra Firma Construction Management & General Contracting LLC. committed the crime of COERCION IN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as follows: Said defendants, from on or about December 4, 1998 to on or about December 22, 1998, in Queens County and elsewhere, compelled and induced Commercial Brick Inc. to engage in conduct which the latter had a legal right to abstain from engaging in and to abstain from engaging in conduct in which it had a legal right to engage by means of instilling in it the fear that if the demand was not complied with, the actor or another would cause physical injury to a person and cause damage to property.

Pattern Act 153 The defendants Arthur Zambardi, Andrew Reynolds, Finbar O'Neill and Terra Firma Construction Management & General Contracting LLC., committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

74 Said defendants, on or about November 23, 1998, in Bronx County and elsewhere, with intent to defraud, including the intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit the accounts payable journal for Terra Firma Construction Management & ,General Contracting LLC.. Project 6 Pattern Act 154 The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendant; from on or about November 24, 1998 to on or about December 1, 1998, in Queens County and elsewhere, with intent to influence a labor official with respect to his acts, decisions and duties as a labor official, conferred, offered, and agreed to confer a benefit, to wit, a sum of United States currency, upon such labor official in connection with a construction project known to the Grand Jury as Project 6. Project 7 Pattern Act 155 The defendants Arthur Zambardi, Philip DeSimone, and Andrew Reynolds committed 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 September 1998 through on or about November 1998 in Queens 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

75 rigging and other anticompetitive arrangements relating to a construction project known to the grand jury as Project 7. Project 8 Pattern Act 156 The defendants Andrew Reynolds, Giuseppe Palmeri, Alessandro Palmeri, Dominick Detore and Cleveland Construction Co. committed 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 November 199.8 through in or about December 1998 in Bronx 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 8. LVC Window Blinds and Drapery Inc. Pattern Act 157 The defendant Anthony Rucereto, committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section `180.15, as follows: Said defendant, in or about May 1999, in New York County and elsewhere, with intent to influence Gerald Woods, a labor official, to wit the Executive Secretary-Treasurer/Business Manager for the Northern New Jersey Regional Council of Carpenters United Brotherhood of Carpenters and Joiners of America; in respect to his acts, decisions, and duties as a labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

76 Pattern Act 158

The defendant Gerald Woods, 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 Executive Secretary-Treasurer/Business Manager for the Northern New Jersey Regional Council of Carpenters United Brotherhood of Carpenters and Joiners of America, in or about May 1999, in New York County and elsewhere, solicited, accepted, and agreed to accept a benefit from Anthony Rucereto, 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.

COUNT 2 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Steven L. Crea, Dominic Truscello, Joseph Tangorra, Joseph Datello, Philip DeSimone, Anthony Pezzullo, Joseph Truncale, Arthur Zambardi, Saul Heifetz, Lawrence Wecker, Kenneth Gordon, Joseph Martinelli, Nicholas Russo, Steven Chait Osserman, Joseph Pezzullo, Andrew Reynolds, Alessandro Palmeri, Giuseppe Palmeri, Mikolaj Poniatowski, James Bonagura, Adam Gallini, Kevin Barber, Brian Thompson, Dominick Detore, Anthony Frantellizzi, Dominick Frantellizzi, Anthony Rucereto, Anthony O'Donnell, Gerald Woods, Michael Forde, Martin Devereaux, Santo Lanzafame, Jeremiah Sullivan, Sr., John Cucchiarella, ;Anthony Barbagallo, Henri LaBarbera, Thomas Zmich, Finbar O'Neill, Grand Train Corp., DIBA Corp., Mietek Mason Contractors Inc., Lisa Construction Corp., Commercial Brick Inc., Marmer Brothers Construction LLC., New York Blacktop Corp., Cleveland Construction Co., North Berry Corp., Terra Firma Construction Management & General Contracting LLC. and Kent Building Systems, 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:

77 Said defendants, from in or about January 1997 through on or about the date of this indictment, in New York County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and intentionally entered into 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. Such conduct had and was likely to have a particular effect upon the County of New York, and was performed with intent that it would and with knowledge that it was likely to have such particular effect therein. Project 1 COUNT 3 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Steven L. Crea, Joseph Datello, Saul Heifetz, Lawrence Wecker and Lisa Construction Corp., 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 1997 through in or about January 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 project known to the Grand Jury as Project 1.

78 COUNT 4 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Steven L. Crea; Joseph Datello, Saul Heifetz, and Lawrence Wecker, of committing the crime of COERCION IN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as follows:

Said defendants, from on or about November 5, 1997 to on or about December 18, 1997, in New York County and elsewhere, compelled and induced a person known to the grand jury as John Doe 1 to engage in conduct which the latter had a legal right to abstain from engaging in and to abstain from engaging in conduct in which he had a legal right to engage by means of instilling in him the fear that if the demand was not complied with, the actor or another would cause physical injury to a person and cause damage to property. COUNT 5

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Steven L. Crea; Joseph Datello, Saul Heifetz, and Lawrence Wecker, of committing the crime of COERCION TN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as follows:

Said defendants, from on or about November 5, 1997 to on or about December 18, 1997, in New York County and elsewhere, compelled and induced a person known to the grand jury as John Doe 2 to engage in conduct which the latter had a legal right to abstain from engaging in and to abstain from engaging in conduct in which he had a legal right to engage by means of instilling in him the fear that if the demand was not complied with, the actor or another would cause physical injury to a person and cause damage to property. COUNT 6

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Joseph Datello, Saul Heifetz, Lawrence Wecker and Lisa Construction Corp., of committing the

79 crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendants, on or about December 18, 1997, in New York County and elsewhere, with intent to influence a labor. official with respect to his acts,, decisions and duties as a labor official, conferred, offered, and agreed to confer a benefit, to wit, a sum of United States currency, upon such labor off vial. Canron Construction COUNT 7 AND THE GRAND ;JURY AFORESAID, by this indictment, accuses the defendants James Bonagura, Steven L. Crea, Arthur Zambardi, Saul Heifetz, DIBA Corp. and Grand Train Corp., 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 August 13, 1998 to on or about January 12, 1999, in New York County arid 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 subcontract for concrete and masonry work at the 59th Street Bridge.

COUNT 8 . AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants James Bonagura, Steven L. Crea, Arthur Zambardi, Saul Heifetz, DIBA Corp. and Grand Train Corp., of committing the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of General Business Law Sections 340 and 341, as follows:

80 Said defendants, from on or about September 1, 1998 to on or about June 30, 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 trigging and other anticompetitive arrangements relating to a concrete and masonry subcontract at the New York City School Construction Authority Project at IS 254 Bronx.. COUNT 9 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants James Bonagura, Alessandro Palmeri, Giuseppe Palmeri, Arthur Zambardi, Joseph Tangorra, Steven L. Crea, Andrew Reynolds, Adam Gallini, Brian Thompson, Dominick Detore, New York Blacktop Corp., Marmer Brothers Construction LLC., and Cleveland Construction Co., of committing the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation ref General Business Law Sections 340 and 341, as follows: Said defendants, from on or about November 18, 1998 to on or about December 1, 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 an excavation subcontract at the New York City School Construction Authority Project at IS 254 Bronx.

81 COUNT 10 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Alessandro Palmeri, Giuseppe Palmeri, Arthur Zambardi, Joseph Tangorra, Andrew Reynolds and Adam Gallini, of committing the crime of COMMERCIAL BRIBING IN THE FIRST DEGREE, in Violation of Penal Law Section 180.03, as follows: Said defendants, from on or about November 18, 1998 to on or about November 23, 1998, in New York County, and elsewhere, conferred, and offered and agreed to confer a benefit upon an employee, agent and fiduciary without the consent of the latter's employee and principal with intent to influence his conduct in relation to his employer's and principal's affairs, and the value of the benefit conferred and agreed to be conferred exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars.

COUNT 11 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant James Bonagura of committing the crime of COMMERCIAL BRIBE RECEIVING IN THE FIRST DEGREE, in violation of Penal Law Section 180.08, as follows: Said defendant, from on or about November 18, 1998 to on or about November 23, 1998, in New York County and: elsewhere, without the consent of his employer and principal solicited, accepted and agreed to accept any benefit from another person upon an agreement and understanding that such benefit would influence his conduct in relation to his employer's and principal's affairs and the value of the benefit solicited; accepted and agreed to be accepted exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars.

82 COUNT 12 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants James Bonagura, Arthur Zambardi, Joseph Tangorra, Steven L. Crea, Andrew Reynolds, Brian Thompson and New York Blacktop Corp., 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 April 6, 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 blacktop subcontract at the New York City School Construction Authority Project at IS 254 Bronx.

COUNT 13 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants James $Bonagura, Joseph Datello, and Arthur Zambardi, 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 January 27, 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 roofing subcontract at the New York City School Construction Authority Project at

Ii S 254 Bronx.

83 COUNT 14

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants James Bonagura, Arthur Zambardi and Philip DeSimone, of committing the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION; in violation of General Business Law Sections 3.40 and 341, as follows:

Said defendants, on or about March 4, 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 subcontract to be awarded to Barbuto Roofing Corp. COUNT 15 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants James Bonagura, Arthur Zambardi, Andrew Reynolds, Brian Thompson and New York Blacktop Corp., 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 November 1, 1998 to on or about March 31, 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 sand State of New York by means of price fixing, bid rigging and other anticompetitive arrangements relating to a subcontract to be awarded to New York Blacktop Corp. at the Triboro Bridge.

84 COUNT 16 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Saul Heifetz and Arthur Zambardi, of committing the crime of COMMERCIAL BRIBING IN THE FIRST DEGREE, in violation of Penal Law Section 180.03, as follows:

Said defendants, from on or about January 7, 1999 to on or about May 14, 1999, in New York County and elsewhere, conferred, and offered and agreed to confer a benefit upon an ,employee, agent and fiduciary without the consent of the latter's employee and principal with intent to influence his conduct in relation to his employer's and principal's affairs, and the value of the benefit conferred and agreed to be conferred exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars.

COUNT 17 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant James Bonagura, of committing the crime of COMMERCIAL BRIBE RECEIVING IN THE FIRST DEGREE, in violation of Penal Law Section 180.08, as follows:

Said defendant, from on or about January 7, 1999 to on or about May 14, 1999, in New York County and elsewhere, without the consent of his employer and principal solicited, ,accepted and agreed to accept any benefit from another person upon an agreement and understanding that such benefit would influence his conduct in relation to his employer's and principal's ,affairs and the value, of the benefit solicited, accepted and agreed to be accepted exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars.

85 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

86 II rigging and other anticompetitive arrangements relating to a construction project at 354 Broadway. COUNT 24 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, Anthony Frantellizzi, Dominick Frantellizzi and Commercial

i Brick Inc., of committing the crime of COERCION IN THE FIRST DEGREE, in violation of

Penal Law Section 135.651), as, follows:

I Said defendants, from on or about April 7, 1998, to on or about January 1, 1999, in New

York County and elsewhere, compelled and induced a person known to the grand jury as John

Doe 4 to engage in conduct which the latter had a legal right to abstain from engaging in and to

abstain from engaging in conduct in which he had a legal right to engage by means of instilling

in him the fear that if the demand was not complied with, the actor or another would cause

physical injury to a person and cause damage to property.

Projects Involving John Doe 5

COUNT 21 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants

Arthur Zambardi, Anthony Barbagallo and John Cucchiarella, 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. January 1, 1996 to on or about April 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 i 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

87

I rigging and other anticompetitive arrangements relating to a construction project known to the Grand Jury as Project 4.

COUNT 22 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Arthur Zambardi, Anthony Barbagallo and John Cucchiarella, 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 January 1, 1998 to on or about November 11, 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 5.

COUNT 23 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Arthur Zambardi, of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendant; on or about April 30, 1999, in New York County and elsewhere, with intent to influence Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union Business Agent, in respect to his acts°, decisions, and duties as a labor official, conferred, offered, and agreed; to confer a benefit, to wit, a sum of United States currency, upon such labor official.

88 COUNT 24 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 April 30, 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.

COUNT 25 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Arthur Zambardi, of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendant, on or about May 7, 1999, in New York County and elsewhere, with intent to influence Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union Business Agent, in respect to his acts, decisions, and duties as a labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

COUNT 26 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 7, 1999, in New York County and elsewhere, solicited, accepted, and agreed to accept a benefit from Arthur Zambardi, and others known to the grand

I 89 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.

COUNT 27 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Arthur Zambardi, of committing the crime of BRIBING A. LABOR OFFICIAL, in violation of Penal Law Section 180:15, as follows: Said defendant, on or about May 1 4, 1999, in New York County and elsewhere, with intent to influence Anthony Barbagallo, a labor official, to wit a Local I Builders and Allied Craftsmen Union Business Agent, in respect to his acts, decisions; and duties as a labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

COUNT 28 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 14, 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.

COUNT 29 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Arthur Zambardi, of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.1:5, as follows:

90 I Said defendant, on or about May 21, 1999; in New York County and elsewhere, with intent to influence Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union Business Agent, in respect to his acts, decisions, and duties as a labor official; conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

COUNT 30 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 21, 1999, in New York County and elsewhere, solicited, l 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.

COUNT 31 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Arthur Zambardi, of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows: Said defendant, on or, about May 28, 1999, in- New York County and elsewhere, with intent to influence Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union Business Agent, in respect to his acts, decisions, and duties as a labor official, conferred;. offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

91 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 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 retrain 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.

92 COUNT 34 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Anthony Rucereto, of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows:

Said defendant, on or about April 30, 1998, in New York County and elsewhere, with intent to influence Michael Forde, a labor official, to wit the President of Local 608 of the II, Carpenters and Joiners International Union, in respect to his acts, decisions, and duties as a Labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

COUNT 35

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Anthony Rucereto, of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows:

Said defendant, on or about April 30,1998, in New York County and elsewhere, with intent to influence Martin Devereaux, a labor official, to wit a Business Agent for Local 608 of the Carpenters and Joiners International Union, in respect to his acts, decisions, and duties as a labor, official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States ,currency, upon such labor official.

COUNT 36

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Anthony Rucereto; of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Venal Law Section 180.15, as follows: Said defendants, in or about April 1999 in New York County and elsewhere, with intent to influence. Gerald Woods, a labor official, to wit the Executive Secretary-Treasurer/Business Manager for the Northern New Jersey Regional Council of Carpenters United Brotherhood of

93 Carpenters and Joiners of America, in respect to his acts, decisions, and duties as a labor official, conferred, offered, and agreed, to confer a ,benefit, to wit, a sum of United States currency, upon such labor official.

Such conduct had and was likely to have a particular effect upon the County of New York, I and was performed with intent that it would and. with knowledge that it was likely to have such particular effect therein.

COUNT 37 AND THE GRAND JURY AFORESAID, by this indictment, accuses- the defendant Michael Forde, 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 the President of Local 608 of the Carpenters and Joiners International Union, on or about April 30, 1-998, in New York County and elsewhere, solicited, accepted, and agreed to accept a benefit from Anthony Rucereto, 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.

COUNT 38 AND THE GRAND JURY AFORESAID, by this indictment, .accuses the defendant Martin Devereaux, 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 Business Agent for Local 608 of the Carpenters and .Joiners International Union, on or about April 30, 1998 in New York County and elsewhere, solicited, accepted, and agreed to accept a benefit from Anthony Rucereto 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.

I I

94 COUNT 39 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant , Gerald Woods, 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 the Executive Secretary-Treasurer/Business Manager for the Northern New Jersey Regional Council of Carpenters United Brotherhood of Carpenters and Joiners of America, in or about April 1998, in New York County and elsewhere, solicited, accepted, and agreed to accept a benefit from Anthony Rucereto, 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. Such conduct had and was likely to have a particular effect upon the County of New York, and was performed with intent that it would and with knowledge that it was likely to have such particular effect therein.

COUNT 40 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, of committing 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 22, 1998, in New York 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 for Local 608 of the United Brotherhood of Carpenters and Joiners of America for the week ending May 22, 1998.

95 COUNT 41 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, of committing the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Pen Law Section 175.10, as follows: Said defendants, on or about May 29; 1998, in New York 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 for Local 608 of the United Brotherhood of Carpenters and Joiners of America for the week ending May 29, 1998.

COUNT 42 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, of committing the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Pen Law Section 175.10, as follows: Said defendants, on or about June 5, 1998, in New York 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 R ort for Local 608 of the United Brotherhood of Carpenters and Joiners of America for the week ending June 5, 1998.

COUNT 43 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, of committing the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

96 Said defendants, on or about June 12 1998, in New York 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 for Local 608 of the United Brotherhood of Carpenters and Joiners of America for the week ending June 12, 1998. COUNT 44

AND THE GRAND. JURY AFORESAID, by this indictment, accuses the defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, of committing 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 June 19, 1998; in New York 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 for. Local 608 of the United Brotherhood of Carpenters and Joiners of America for the week ending June 19, 1998. COUNT 45

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woodsy of committing the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, irk violation of Penal Law Section 175.10, as follows:. Said defendants, in or about April 1998, in New York 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 ,4 New York District Council of Carpenters Employees Benefit Funds Remittance Report for S I& S Contractors Inc. for the month of April 1998.

97 COUNT 46 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, of committing 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 29, 1998, in New York County and elsewhere, with i 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 District Council of Carpenters Employees Benefit Funds Remittance Report for S & S Contractors Inc. for the payroll month ending May 29, 1998.

COUNT 47 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and Gerald Woods, of committing 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 June 30, 1998, in New York 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 District Council of Carpenters Employees Benefit Funds Remittance Report for S & S Contractors Inc. for the payroll month ending June 30, 1998.

The Doral Arrowwood Project

COUNT 48 AND THE .GRAND JURY AFORESAID, by this indictment, accuses the defendants Steven L. Crea, Lawrence Wecker, Joseph Datello, Anthony Rucereto, Anthony O'Donnell and

98 Kenneth Gordon 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 August 1999 through in or about December 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 the award of a construction project at ,the Doral Arrowwood Conference Center. Such conduct had and was likely to have a particular effect upon the County of New York, and was performed with intent that it would and with knowledge that it was likely to have such particular effect therein.

COUNT 49 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Lawrence Wecker, Joseph Datello, Anthony Rucereto, and Anthony O'Donnell, of committing the crime of COMMERCIAL BRIBING IN THE FIRST DEGREE, in violation of Penal Law Section 180.03, as follows: Said defendants, from in or about August 1999 through in or about December 1999 in New York County and elsewhere, conferred; and offered and agreed to confer a benefit upon an employee, agent and fiduciary without the consent of the latter's employee and principal with intent to influence his conduct in relation to his employer's and principal's affairs, and the value Of the benefit conferred and agreed to be conferred exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars.

99 Such conduct had and was likely to have a particular effect upon the County of New York, and was performed with intent. that it would and with knowledge that it was likely to have such particular effect therein.

COUNT 50 AND THE GRAND. JURY AFORESAID, by this indictment, accuses the defendant Kenneth Gordon, of committing the crime of COMMERCIAL BRIBE RECEIVING IN THE FIRST DEGREE, in violation of Penal Law Section 180.08, as follows: Said defendant, from in or about August 1999 through in. or about December 1999 in New York County and elsewhere, without the consent of his employer and principal solicited, accepted and agreed . to accept any benefit from another person upon an agreement and understanding that such benefit would influence his conduct in relation to his employer's and principal's affairs and the value of the benefit solicited, accepted and agreed to be accepted exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars. Such conduct had and was likely to have a particular effect upon the County of New York, and was performed with intent that it would and with knowledge that it was likely to have such particular effect therein.

COUNT 5f AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Steven L. Crea, Lawrence Wecker, Joseph Datello, Anthony Rucereto, Anthony O'Donnell and Kenneth Gordon of committing the crime of GRAND LARCENY IN THE SECOND DEGREE, in violation of Penal Law Section 155.401); as follows: Said defendants, from in or about August 1999 through in or about December 1999 in New York County and elsewhere, acting with others known and unknown to the Grand Jury, stole property having a value in excess of $50,000 from AIG Insurance Co.

100 Such conduct had and was likely to have a particular effect upon the County of New York, I and was performed with intent that it would and with knowledge that it was likely to have such particular effect therein. Dominic Truscello COUNT 52 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Dominic Truscello, of committing the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows: Said defendant; on or about May 31, 1998, in New York 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 Mason Tenders' District Council Trust Funds Employer's Remittance Agreement and Report for a contractor known to the grand jury as John Doe 6 for the period ,May 4, 1998 to May 31, 1998.

COUNT 53 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Dominic Truscello, of committing the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows: Said defendant, on or about June 30, 1998, in New York 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 Mason Tenders' District Council Trust Funds Employer's Remittance Agreement and Report for a contractor known to the grand jury as John Doe 6 for the period June 1, 1998 to June 30, 1998.

101 COUNT 54 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Dominic Truscello of committing the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows: Said defendant, on or about July 5, 1998, in New York 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 Mason Tenders' District Council Trust Funds Employer's Remittance Agreement and Report for a contractor known to the grand jury as John Doe 6 for the week ending July 5; 1998.

COUNT 55 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Dominic Truscello, of ,committing the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows: Said defendant, on or about August 12, 1998, in New York 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 Mason Tenders' District Council Trust Funds Employer's Remittance Agreement and Report for a contractor known to the .grad jury as John Doe 6 for the period July 6, 1998 to August 2, 1998. LVC Window Blinds and Drapery Inc. COUNT 56 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Anthony Rucereto, of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows:

102 i

Said defendant, in or about May 1999, in New York County and elsewhere, with intent

i to influence Gerald Woods, a labor official, to wit the Executive Secretary-Treasurer/Business

Manager for the Northern New Jersey Regional Council of Carpenters United Brotherhood of

I Carpenters and .Joiners of America, in respect to his acts, decisions, and duties as a labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official. Such conduct had and was likely to have a particular effect upon the County of New York, and was performed with intent that it would and with knowledge that it was likely to have such particular effect therein.

COUNT 57 AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Gerald Woods, 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 Executive Secretary-Treasurer/Business Manager for the Northern New Jersey Regional Council of Carpenters United Brotherhood of Carpenters and Joiners of America, in or about May 1999, in New York County and elsewhere, solicited, accepted, and agreed to accept a benefit from Anthony Rucereto, 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. Such conduct had and was likely to have a particular effect upon the County of New York, and was performed with intent that it would and with knowledge that it was likely to have such particular effect therein.

ROBERT M. MORGENTHAU DISTRICT ATTORNEY

103 THE PEOPLE OF THE STATE OF NEW YORK, -against- Steven L. Crea, Dominic Truscello, Joseph Tangorra, Joseph Datello, Phillip DeSimone, Anthony Pezzullo, Joseph Truncale, Arthur Zambardi, Saul Heifetz, Lawrence Wecker, Kenneth Gordon, Joseph Martinelli, Nicholas Russo, Steven Chait Osserman, Josh Pezzullo, Andrew Reynolds, Alessandro Palmeri, Mikolaj Poniatowski, James Bonagura, Adam Gallini, Kevin Barber, Brian The, Dominick Detore, Anthony Frantellizzi, Dominick Frantellizzi, Anthony Rucereto, Anthony O'Donnell, Gerald Woods, Michael Forde, Martin Devereaux, Santo Lanzafame, Jeremiah Sullivan, Sr., John Cucchiarella, Anthony Barbagallo, Henri LaBarbera, Thomas Zmich, Finbar O'Neill, Grand Train Corp., DIBA Corp., Mietek Mason Contractors Inc., Lisa Construction Corp., Commercial Brick Inc., Marmer Brothers Construction LLC., New York Blacktop Corp., Cleveland Construction Co., North Berry Corp., Terra Firma Construction Management & General Contracting LLC., and Kent Building Systems, Inc., Defendants. INDICTMENT

ENTERPRISE CORRUPTION, P.L. (§460.201)a): 1 count each defendant COMBINATION IN RESTRAINT OF TRADE, G.B.L. §340 and 341: Zambardi 11 cts; Crea 9 cts; Bonagura 8 cts; Datello 6 cts; Reynolds 5 cts; Heifetz, Tangorra, Thompson and New York Blacktop Corp. 4 cts; Wecker, DIBA Corp., Grand Train Corp., Barbagallo, Cucchiarella, A. Pezzullo, D. Frantellizzi, A. Frantellizzi, Commercial Brick Inc., DeSimone, G. Palmeri, Rucereto, and O'Donnell 3 cts., Lisa Construction, A. Palmeri, Gallini, Detore, Marmer Brothers Construction LLC., Cleveland Construction Co., Truscello, Forde, Devereaux, Woods, Gordon 2 cts; Truncale, Martinelli, Russo, Osserman, J. Pezzullo, Poniatowski, Barber, Lanzafame, Sullivan, LaBarbera, Zmich, O'Neill 1 ct. COERCION IN THE 1st DEGREE, P.L. §135.651): Crea and Datello 3 cts; Heifetz and Wecker 2 cts; A. Pezzullo, Zambardi, Reynolds, Tangorra, DeSimone, A. Frantellizzi, D. Frantellizzi and Commercial Brick Inc. 1-ct. GRAND LARCENY IN THE 2nd DEGREE, P.L. 155.401): Crea, Wecker, Datello, O'Donnell, Rucereto and Gordon. FALSIFYING BUSINESS RECORDS IN THE 1st DEGREE, P.L. §175.10: Datello, Rucereto, O'Donnell, Forde, Devereaux, Woods 8 cts; Truscello 4 cts. COMMERCIAL BRIBING IN THE 1st DEGREE, P.L. §180.03: Zambardi 2 cts; Heifetz, A. Palmeri, G. Palmeri, Tangorra, Reynolds, Gallini, Wecker, Datello, Rucereto, O'Donnell I ct. COMMERCIAL BRIBE RECEIVING IN THE lst DEGREE, P.L. §180.08: Bonagura 2 cts, Gordon 1 ct. BRIBING A LABOR OFFICIAL, P.L. §180.15: Zambardi 5 cts; Rucereto 4 cts; Datello, Heifetz, Wecker, Lisa Construction Corp. i ct. BRIBE RECEIVING BY A LABOR OFFICIAL, P.L. §180.25: Barbagallo 5 cts; Woods 2 cts; Forde, Devereaux 1 ct.

ROBERT M. MORGENTHAU, District Attorney ADA MICHAEL A. SCOTTO ADA WILLIAM E. SCHAEFFER A True Bill

LABOR RACKETEERING UNIT Foreman

 

   

IPSN  © 1997-2006 All Rights reserved. Not for republication on the internet without permission. 
webmaster