COUNT 39

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant
Gerald Woods, of committing the crime of BRIBE RECEIVING BY A LABOR OFFICIAL, in
violation of Penal Law Section 180.25, as follows:

Said defendant, a labor official, to wit the Executive Secretary-Treasurer/Business
Manager for the Northern New Jersey Regional Council of Carpenters United Brotherhood of
Carpenters and Joiners of America, in or about April 1998, in New York County and elsewhere,
solicited, accepted, and agreed to accept a benefit from Anthony Rucereto, and others known to
the grand jury, upon an agreement and understanding that such benefit would influence the
defendant in respect to any of his acts, decisions and duties as such labor official.

Such conduct had and was likely to have a particular effect upon the County of New York,
and was performed with intent that it would and with knowledge that it was likely to have such
particular effect therein.

COUNT 40

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants

Joseph Datello, Anthony Rucereto, Anthony O’Donnell, Michael Forde, Martin Devereaux and

Gerald Woods, of committing 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 22, 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 Shop Steward Report for Local 608 of the United Brotherhood of Carpenters
and Joiners of America for the week ending May 22, 1998.

95