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

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