Said defendants, on or about December 31, 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
Employer’s Remittance Agreement and Report for North Berry Corp. for the week ending
December 31, 1998.

Pattern Act 147

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 December 17, 1999, in Queens County and elsewhere, with
intent to defraud, including the intent to commit another crime and aid and conceal th~
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
December 7, 1999.

Pattern Act 148

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 December 22, 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 Cement and Concrete Workers District Council Fringe Benefit Funds

72