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.

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