Said defendants, on or about April 29, 1997, 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 BAC Local Union No. 1, NY Shop Steward’s Time Report for work
performed at Project 3 for the week ending April 29, 1997.

Pattern Act 109

The defendants Arthur Zambardi, Anthony Barbagallo, John Cucchiarella, and Joseph
Pezzullo, 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 May 6, 1997, 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 BAC Local Union No. 1, NY Shop Steward’s Time Report for work performed at Project 3
for the week ending May 6, 1997.

Pattern Act 110

The defendants Arthur Zambardi, Anthony Barbagallo, John Cucchiarella, and Joseph
Pezzullo, 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 May 13, 1997, 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 BAC Local Union No. 1, NY Shop Steward’s Time Report for work
performed at Project 3 for the week ending May 13, 1997.

57