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 Poiatowski, 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

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