Said defendants, in or about April 1998, in New York 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 New York District Council of Carpenters Employees Benefit Funds Remittance Report for S

& S Contractors Inc. for the month of April 1998.

Pattern Act 125

The defendants Joseph Datello, Anthony Rucereto, Anthony O’Donnell, Michael Forde,
Martin Devereaux and Gerald Woods, 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 29, 1998, in New York 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 New York District Council of Carpenters Employees Benefit Funds
Remittance Report for S & S Contractors Inc. for the payroll month ending May 29, 1998.

Pattern Act 126

The defendants Joseph Datello, Anthony Rucereto, Anthony O’Donnell, Michael Forde,
Martin Devereaux and Gerald Woods, 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 June 30, 1998, in New York 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 New York District Council of Carpenters Employees Benefit Funds
Remittance Report for S & S Contractors Inc. for the payroll month ending June 30, 1998.

63