Said defendants, on or about December 26, 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 December 26, 1998.

Pattern Act 71

The defendants Joseph Truncale, 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 January 4, 1999, 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 Mariner Brother Construction LLC. at IS 254 for the
week ending January 4, 1999.

Pattern Act 72

The defendants Joseph Truncale, 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 January 11, 1999, 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

42