Said defendants, on or about October 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 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 October 3, 1998.

Pattern Act 57

The defendants Adam Gallii, 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 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 Manner 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 Mariner 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

36