Said defendants, on or about October 31, 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 Cement and Concrete Workers District Council Fringe Benefit Funds
Employer’s Remittance Agreement and Report for North Berry Corp. for the week ending
September 9, 1997.

Pattern Act 140

The defendants Joseph Martinelli, North Berry Corp., and Joseph Datello, 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 November 7, 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 Cement and Concrete Workers District Council Fringe Benefit Funds
Employer’s Remittance Agreement and Report for North Berry Corp. for the week ending
September 16, 1997.

Pattern Act 141

The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 3, 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 a Cement and Concrete Workers District Council Fringe Benefit Funds

69