Council Local 20 for work performed by Manner Brother Construction LLC. at IS 254 for the
week ending January 11, 1999.

Pattern Act 73

The defendants Joseph Truncale, 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 January 18, 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 18, 1999.

Pattern Act 74

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 25, 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 Manner Brother Construction LLC. at IS 254 for the
week ending January 25, 1999.

43