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 Zaxnbardi, 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

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