Pattern Act 75

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 March 30, 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 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 period week ending January 2, 1999 through week ending January 23,
1999.

Pattern Act 76

The defendants Kevin Barber and Manner Brothers Construction LLC., committed the
crime of OFFERING A FALSE INSTRUMENT FOR FILING iN THE FIRST DEGREE, in
violation of Penal Law Section 175.35, as follows:

Said defendants, on or about January 9, 1999, in Queens County and elsewhere,
knowing that a written instrument, to wit a New York City School Construction Authority
certified payroll report for Manner Brothers Construction LLC., for work performed at IS 254
for the week ending January 9, 1999, contained a false statement or false information, and with
intent to defraud the state or any political subdivision, public authority or public benefit
corporation of the state, offered or presented it to a public office, public servant, public
authority or public benefit corporation with the knowledge and belief that it will be filed with,
registered and recorded in and otherwise become a part of the records of such public office,
public servant, public authority or public benefit corporation.

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