Defendants.

 _________________________________________________________________

  COUNT 1  

THE GRAND JURY OF THE COUNTY OF NEW YORK, by this indictment, accuses the defendants 
Steven L. Crea, Dominic Truscello, Joseph Tangorra, Joseph Datello, Philip DeSimone, Anthony Pezzullo, 
Joseph Truncale, Arthur Zambardi, Saul Heifetz, Lawrence Wecker, Kenneth Gordon, Joseph Martinelli, 
Nicholas Russo, Steven Chait Osserman, Joseph Pezzullo, Andrew Reynolds, Alessandro Palmeri, Giuseppe 
Palmeri, Mikolaj Poniatowski, James Bonagura, Adam Gallini, Kevin Barber, Brian Thompson, Dominick 
Detore, Anthony Frantellizzi, Dominick Frantellizzi, Anthony Rucereto, Anthony O'Donnell, Gerald Woods, 
Michael Forde, Martin Devereaux, Santo Lanzafame, Jeremiah Sullivan, Sr., John Cucchiarella, Anthony Barbagallo, 
Henri LaBarbera, Thomas Zmich, Finbar O'Neill, Grand Train Corp., DIBA Corp., Mietek Mason 
Contractors Inc., Lisa Construction Corp., Commercial Brick Inc., Marmer Brothers Construction LLC., 
New York Blacktop Corp., Cleveland Construction Co., North Berry Corp., Terra Firma Construction 
Management & General Contracting LLC. and Kent Building Systems, Inc. of committing the crime of 
ENTERPRISE CORRUPTION, in violation of Penal Law Section (460.201)a), as 
follows: The defendants, in New York County and elsewhere, from in or about January 1997, through 
on or about the date of this indictment, having knowledge of the existence of a criminal enterprise, to wit, 
the Lucchese Organized Crime Family of La Cosa Nostra Construction Group (hereinafter, the 
"Lucchese Construction Group"), and the nature of its activities and being 

2

employed by and associated with that Criminal Enterprise, intentionally conducted and 
participated in the affairs of said Enterprise by participating in a pattern of 
criminal activity.

The Criminal Enterprise

	The Lucchese Construction Group was a group of Lucchese Organized Crime Family 
members and associates, construction industry contractors, and union officials, 
including all of the Defendants, and others known and unknown to the Grand Jury, 
sharing a common purpose of engaging in criminal conduct, associated in an 
ascertainable structure, that was distinct from a pattern of criminal activity, 
and with a continuity of existence, structure, and criminal purpose beyond the 
scope of individual criminal incidents.

The Purpose of the Criminal Enterprise

	The common purpose of the Lucchese Construction Group was to make money for its 
members by engaging in, among other things, criminal schemes related to the 
construction industry, including price fixing, bid rigging and other anticompetitive 
arrangements. Among the bids that members of the Enterprise rigged included those 
on construction sub-contracts involving New York City School Construction Authority 
projects at Intermediate School ("IS") 93 in Queens County, Public School ("PS") 33 
in Queens County, and IS 254 in Bronx County; subcontracts for rehabilitation projects
with the New York City Department of Transportation for the 59th Street Bridge and 
the Triborough Bridge and Tunnel Authority for the Triboro Bridge; the renovation of 
the Park Central Hotel in New York County; and the construction of the Doral Arrowwood 
conference center in Westchester County.

	In addition to being awarded rigged bids, construction industry contractor members of 
the Enterprise "contractor enterprise members"), through the influence and control of 
union official members of the enterprise, were able to realize lower labor costs. The 
corrupt arrangements involved various construction trade unions, including Builders 
and Allied Craftsmen Local Union No. 1 New York "BAC Local 1 ")-the bricklayers union 
for the New

3

York City area, and Local 608 of the United Brotherhood of Carpenters and Joiners of 
America the carpenters' union for much of New York .County. The reduced labor costs 
realized by contractor enterprise members greatly enhanced their competitiveness in 
the construction industry in the City and State of New York-amounting to the fixing 
of prices and placed legitimate construction industry contractors who were not a part 
of the Lucchese Construction Group at a disadvantage. The projects on which contractor 
enterprise members enjoyed such a competitive advantage included IS 93, PS 33, the 
Park Central Hotel and luxury apartments at 354 Broadway in New York County.

In return for rigging bids, fixing prices, and engaging in other anticompetitive 
arrangements, the Lucchese Organized Crime Family members of the Enterprise received 
a minimum of five percent of each contract price, as a "mob tax," paid by the 
contractor enterprise members. Additionally, contractor enterprise members were 
required to employ made members of the Lucchese Organized Crime Family as "no show" 
or "no work" employees, primarily as a means of maintaining an ostensibly legitimate 
source of income, but also to provide medical coverage and pensions for these 
individuals. A "no show" job meant literally that the person was paid for not 
being present at a job site, and a "no work" job meant that the person would be at 
a construction site not working, but engaging in other Lucchese Organized Crime 
Family schemes.

Further, some contractor enterprise members, particularly defendant Steven Chait 
Osserman of Kent Building Systems Inc., a modular construction company, acted 
as a front for Steven L. Crea who: would otherwise not be permitted to conduct 
business with the School ,Construction Authority. Moreover, -Crea required 
certain contractors to purchase modular construction units from Kent in order 
to conduct business in New York State.

4

Structure of the Criminal Enterprise

At all times relevant to this indictment, Lucchese Organized Crime Family 
members and associates of the Lucchese Construction Group influenced and controlled 
contractor enterprise members of the Lucchese Construction Group and union official 
members of the Lucchese Construction Group. In addition, through their association with the 
Lucchese Organized Crime Family members and associates of the Lucchese Construction Group, the 
contractor enterprise members of the Lucchese Construction Group influenced the union official
members of the Lucchese Construction Group. Below is a list of the Lucchese Construction Group
Members by their affiliation with either the Lucchese Organized Crime Family, participating 
contractor enterprise members, or union official members.

I. Lucchese Organized Crime Family Members and Associates of the Lucchese 
Construction Group

The Lucchese Organized Crime Family was part of a nationwide criminal organization known by 
various names including the "Mafia" and "La Cosa Nostra." It operated through 
entities called "Families," of which the Lucchese Organized Crime Family was one. Each 
family was run by a "boss." The head of the Lucchese Organized Crime Family was Vittorio 
Amuso who is serving a life sentence. The "boss" and "acting boss" were 
assisted by an "underboss" and a counselor or "consigliere." During times 
relevant to the indictment, defendant Steven L. Crea held the titles of "underboss" 
and "acting boss" of the Lucchese Organized Crime Family.

Beneath these executives, the Lucchese Organized Crime Family structure consisted of "
crews." Each crew was headed by a Lucchese Organized Crime Family member variously referred 
to as "capo," "captain," or "caporegime," and was comprised of members 
and associates of the Lucchese Organized Crime Family. Members, also referred to as "soldiers,"

5

"wiseguys," and "friends," were "made" at formal induction ceremonies. 
Associates, which included among other individuals, contractors and union officials, 
although not formally inducted as members of the Lucchese Organized Crime Family, regularly 
participated in and advanced its affairs.

Defendant Steven L. Crea engaged in criminal activities including the falsification of business 
records, the rigging of bids and the corruption of union officials. In addition Crea held an 
undisclosed interest in and managed the business affairs of Kent Building Systems Inc., and 
oversaw and coordinated the affairs of the Lucchese Organized Crime Family and the 
Lucchese Construction Group and received the proceeds thereof.

Defendant Dominic Truscello and defendant Joseph Tangorra were Captains in the Lucchese Organized 
Crime Family. Truscello was the Captain of the Prince Street Crew of the Lucchese Organized 
Crime Family. He assisted Crea in the direction of the Lucchese Construction Group, 
supervised his crew of soldiers and associates and received a portion of the proceeds of 
the pattern of criminal activity involving his crew members--soldier Joseph Datello and 
associate Sean Richard-involving the labor savings at the Park Central Hotel and the 
rigged bids at the Doral Arrowwood project. In addition to receiving cash payments, 
Truscello was placed on the payroll of a contractor so that he could qualify for a pension 
that he was not entitled to from the Mason Tenders' District Council. Tangorra was a 
Captain of a Brooklyn based Crew of the Lucchese Organized Crime Family. He assisted Crea 
in the direction of the Lucchese Construction Group by supervising other members of 
the Lucchese Construction Group who were soldiers and associates. His crew included 
defendants Arthur Zambardi, a soldier, and Andrew Reynolds and Giuseppe Palmeri, 
associates. Tangorra brokered the settlement of a dispute involving the Bonnano Organized 
Crime Family of La Cosa Nostra which involved defendants Dominick and Anthony Frantellizzi, 
principals of Commercial Brick

6

Inc., over the project at 354 Broadway, and also received the proceeds of rigged bids 
involving projects at IS 254 in the Bronx.

Defendant Joseph Datello was a soldier in Dominic Truscello's Prince Street Crew. Datello engaged in 
the rigging of bids at the IS 254 project and the Doral Arrowwood conference center, received a 
benefit from the corrupt influencing of labor officials involved in the Park Central Hotel Project, 
and collected the "mob tax." Defendants Philip DeSimone and Arthur Zambardi were soldiers 
in Lucchese Captain Joseph DiNapoli's crew who were engaged in the rigging of bids involving the IS 254 
project, the settlement of the dispute involving the project at 354 Broadway, and the collection of 
the "mob tax." Zambardi also engaged in price fixing and corruptly influencing union officials 
for contractor enterprise member Saul Heifetz and others.

Defendant Anthony Pezzullo was a soldier in the Lucchese Organized Crime Family Captain Joseph Giampa's 
crew, who engaged in the rigging of bids involving Commercial Brick Inc., corruptly influenced union 
officials for the Frantellizzis, Saul Heifetz and others, and collected the "mob tax." Joseph 
Truncale, a soldier in the crew of Lucchese Organized Crime Family Captain Anthony Santorelli, was given 
a "no work" job at the IS 254 project by defendants Marmer Brothers Construction LLC. and Kevin 
Barber, a Marmer Brothers Vice President.

Defendants Giuseppe Palmeri, his brother Alessandro Palmeri, and Andrew Reynolds were associates of 
Lucchese Organized Crime Family Captain Joseph Tangorra. All three men engaged in bid rigging involving 
the IS 254 project. Alessandro Palmeri also served as a shop steward for Laborers International Union 
Local 20 Cement and Concrete Workers) and falsified union shop steward reports for the IS 254 project.

7

II. Contractor Enterprise Members of the Lucchese Construction Group

Defendant Saul Heifetz was a union mason contractor who operated under a number of
corporate names, including defendants DIBA Corp. and Grand Train Corp. Heifetz worked on  masonry and 
concrete projects throughout New York State, including New .York County. Through his association with Lucchese 
Organized Crime Family members and associates of the j Lucchese Construction Group, Heifetz was able to use a 
large nonunion labor force which he i paid below the union and prevailing rates of wage. Heifetz paid Mikolaj 
"Nick" Poniatowski, who ran defendant Mietek Mason Contractors Inc., for the use of his non-union 
labor force on union and public work projects. In addition, Heifetz and Poniatowski falsified certified payroll 
reports that were fled with the .New York City School Construction Authority "SCA") to conceal their 
use of non-union labor and their violation of the union and the prevailing wage requirements. Heifetz, paid 
a "mob tax" to Crea and other members of the Lucchese Organized Crime Family, including Arthur 
Zambardi and Anthony Pezzullo, in order to gain this competitive advantage.

Defendant James Bonagura was an employee of Canron Construction Corp. and its
related entities. Bonagura assisted in the rigging of bids by the Lucchese Construction Group at
IS 254, the 59th Street and the Triboro Bridge Projects, and received bribe payments from
Zambardi and Heifetz for his assistance in the rigging of bids by contractor enterprise members.
Defendant Adam Gallini was an estimator and project manager for defendant Marmer Brothers
Construction LLC. Gallini engaged in bid rigging with Bonagura and defendant Brim
Thompson, a principal of defendant New York Blacktop, for sub-contracts at the IS 254
project. Gallini also was involved in the falsification of Laborers International Union Local 20
(Cement and Concrete) shop steward reports for Marmer Brothers Constriction. Kevin Barber
was a Marmer Brothers Vice President who provided a "no work" job for Lucchese soldier

Joseph Truncale at the IS 254 project and falsified union remittance reports filed with the

8

Cement and Concrete District Council Benefit Funds office in order to under report overtime hours of Marmer 
Brothers union employees and also to allow Truncale to receive benefits and qualify for a pension. Defendant 
Dominic Detore, a principal of defendant Cleveland Construction Co., engaged in bid rigging with Bonagura, and 
was awarded subcontracts for his participation in the Lucchese Construction Group. In return Detore paid
 a "mob tax" on each such project.

Defendants Anthony Frantellizzi and his brother Dominick Frantellizzi were owners and officers of defendant 
Commercial Brick Inc., a union masonry contractor, who, through their association with Anthony Pezzullo, 
Arthur Zambardi and Andrew Reynolds, were able to use a non-union work force in violation of their collective 
bargaining agreement with Local 1. In return for this, the Frantellizzis paid the "mob tax" to the 
Lucchese Organized Crime Family.

Defendants Steven Chait Osserman and Nicholas Russo, the ostensible owners and officers of Kent Building 
Systems Inc., were in fact fronts for Steven L. Crea. In order to conceal Crea's true ownership and control 
of Kent, Osserman and Russo falsified business records and filed false statements with the New York City 
School Construction Authority, in an attempt to secure certifications to perform work in the New York City 
School System.

Defendant Lawrence Wecker was a principal , of Lisa Construction Corp. Wecker paid the "mob tax" 
to the Lucchese Organized Crime Family in return for his being allowed to perform work throughout the City 
and State of New York with non-union workers. Wecker and defendant Kenneth Gordon, an insurance claims 
adjuster for the company that held a performance bond, rigged the bid four a subcontract at the Doral Arrowwood 
project, and along with Gordon, Anthony O'Donnell, Joseph Datello, and Steven L. Crea stole over $50,000 from 
AIG Insurance Company and its affiliate, the Insurance Company of Pennsylvania.

Defendant Joseph Martinelli, the owner of defendant North Berry Corp., was a contractor who paid the 
"mob tax" in return for his ability to violate his collective bargaining

9

agreements with the Concrete Workers District Council Benefit Fund by employing non-union workers and paying 
his union workers cash overtime. Martinelli created a fifteen thousand dollar a week cash "off the books" 
payroll which defrauded the. Fund and caused numerous false remittance reports to be f led< with the Fund in 
order to conceal the secret payroll.

Defendants Anthony. O'Donnell and Anthony Rucereto worked with Sean Richard, an associate in Dominic 
Truscello's crew. Sean Richard was the principal of S & S Contractors Inc., a subcontractor that violated 
its collective bargaining agreement with the Carpenters' Union by using non-union labor at the Park Central 
Hotel project. Sean Richard was the son-in-law of John Riggi; the boss of the DeCavalcante Organized Crime 
Family of La Cosa Nostra, a New Jersey based. organized crime family that also operated in New York.

Defendant Finbar O'Neill was an officer of Terra Firma Construction Management and General Contracting LLC. 
O'Neill used Zambardi, Reynolds and Giuseppe Palmeri to coerce a contractor to remove a lien from a project 
after Zambardi stole money from the contractor. O'Neill also paid the "mob tax" and falsified 
business records to conceal Zambardi's theft and his payment of the "mob tax."

III. Union Official Members of the Lucchese Construction Group

Defendant Joseph Pezzullo, the brother of Anthony Pezzullo, was a shop steward for Local 1 of the Builders and 
Allied Craftsmen Union who in return for bribe payments, violated his duty as a union official by under 
reporting hours worked on shop steward reports. Defendants Henri LaBarbera and Thomas Zmich were Local 1 
shop stewards who, in return for bribe payments, violated their duties as union officials by under reporting 
hours on shop steward reports for the PS 33 and IS 93 projects:

Defendant Santo Lanzafame was the President of the Builders and Allied Craftsmen Local 1. Lanzafame appointed 
LaBarbera as shop steward on PS 33 with the knowledge that LaBarbera would file false shop steward reports in 
exchange for bribe

10

payments. Defendants Jeremiah Sullivan, Sr., John Cucchiarella, and Anthony Barbagallo were Business Agents for 
Local 1, who violated their duties as union officials by allowing the use of non-union labor and the falsification 
of union shop steward reports. Cucchiarella and Barbagallo received bribe payments for their involvement in the 
use of non-union labor and the falsification of union shop steward reports.

Defendant Michael Forde was President of Local 608 of the United Brotherhood of Carpenters and Joiners of 
America, and defendant Martin Devereaux was a Business Agent for Local 608. Both Forde and Devereaux received 
bribe payments in return for violating their duties as union officials by allowing the use of non-union labor 
and the violation of other union requirements by contractor enterprise members.

Defendant Gerald Woods was the Executive Secretary-Treasurer/Business Manager for the Northern New Jersey 
Regional Council of Carpenters United Brotherhood of Carpenters and Joiners of America. Woods received bribe 
payments from defendant Anthony Rucereto in return for violating his duties as a union official by allowing 
the use of non-union labor and the violation of other union requirements by contractor enterprise members, a
and improperly sponsoring S & S Contractors Inc. and LVC Window Blinds and Drapery Inc. for United 
Brotherhood of Carpenters and Joiners International Agreements.

Pattern of Criminal Activity

During the period of this offense, each of the defendants, as specified below, participated in a pattern 
of criminal activity with intent to participate in the affairs of the Lucchese Organized Crime Family as 
follows:

Pattern Act 1

The defendants Steven L. Crea, Dominic Truscello, Joseph Tangorra, Joseph Datello, Philip DeSimone, Anthony 
Pezzullo, Joseph Truncale, Arthur Zambardi, Saul Heifetz, Lawrence Wecker, Kenneth Gordon, Joseph Martinelli, 
Nicholas Russo, Steven Chait

11

Osserman, Joseph Pezzullo, Andrew Reynolds, Alessandro Palmeri, Giuseppe Palmeri, Mikolaj
Poniatowski, James Bonagura, Adam Gallini, Kevin Barber, Brian Thompson, Dominick
Detore, Anthony Frantellizzi, Dominick Frantellizzi, Anthony Rucereto, Anthony O'Donnell,
Gerald Woods, Michael Forde, Martin Devereaux, Santo Lanzafame, Jeremiah Sullivan, Sr.,
John Cucchiarella, Anthony Barbagallo, Henri LaBarbera, Thomas Zmich, Finbar O'Neill,
Grand Train Corp, DIBA Corp. Mietek Mason Contractors Inc., Lisa Construction Corp
Commercial Brick Inc., Marmer Brothers Construction LLC., New York Blacktop Corp.,
Cleveland Construction Co., North Berry Corp., Terra Firma Construction Management &
General Contracting LLC. and Kent Building Systems, Inc., committed the crime of
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of General
Business Law Sections 340 and 341, as follows:

Said defendants, from in or about January 1997 through on or about the date of this
indictment, in New York County and elsewhere, acting with others known and unknown to the
Grand Jury, knowingly and intentionally entered into a contract, agreement, arrangement and
combination in unreasonable restraint of trade and competition, to wit; to restrain 
competition in the construction industry throughout the City and State of New York 
by means of price fixing, bid rigging and other anticompetitive arrangements.

Project 1

Pattern Act 2

The defendants, Steven L. Crea, Joseph Datello, Saul Heifetz, Lawrence Wecker and
Lisa Construction Corp., committed the crime of COMBINATION IN RESTRAINT OF
TRADE AND COMPETITION, in violation of General Business Law Sections 340 and 341, as
follows:

Said defendants, from on or about January 1, 1997 to on or about December 18, 1997, in
New York County and elsewhere, acting with others known and unknown to the Grand Jury,

12

knowingly and intentionally engaged irk a contract, agreement, arrangement and combination in
unreasonable restraint of trade and i , competition, to wit, to restrain competition in the construction 
industry throughout the City and State of New York by means of price fixing, bid rigging and other 
anticompetitive arrangements relating to a project known to the Grand Jury as Project 1.

Pattern Act 3

The defendants Steven L. Crea, Joseph Datello, Saul Heifetz, and Lawrence Wecker committed the crime of 
COERCION IN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as follows:

Said defendants, from on or about November 5, 1997 to on or about December 18, 1997, in New York County 
and elsewhere, compelled and induced a person, known to the grand jury as John Doe 1, to engage in conduct 
which the latter had a legal right to abstain from engaging in, and to abstain from engaging in conduct in 
which he had a legal right to engage, by means of instilling in him the fear that if the demand was not 
complied with, the actor or another would cause physical injury to a person and cause damage to property.

Pattern Act 4

The defendants Steven L. Crea, Joseph Datello, Saul Heifetz, and Lawrence Wecker committed the crime of 
COERCION IN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as follows:

Said defendants, from on or about November 5, 1997 to on or about December 18, 1997, in New York County 
and elsewhere, compelled and induced a person, known to the grand jury as John Doe 2, to engage in conduct 
which the latter had a legal right to abstain from engaging in and to abstain from engaging in conduct in 
which he had a legal right to engage by means of instilling in him the fear that if the demand was not 
complied with, the actor or another would cause physical injury to a person and case damage to property.

13

Pattern Act 5

The defendants Joseph Datello, Saul Heifetz, Lawrence Wecker and Lisa Construction Corp., committed
 the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows:

Said defendants, on or about December 18, 1997, in New York County and elsewhere, with intent to influence a 
labor official known to the grand jury as John Doe 1, with respect to his acts, decisions and duties as a 
labor official, conferred, offered, and agreed to confer a benefit, to wit, a sure of United States currency, 
upon such labor official.

Pattern Act 6

The defendants Joseph Datello; Saul Heifetz, Lawrence Wecker, and Lisa Construction Corp., committed 
the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal 
Law Section 175.10, as follows:

The defendants Joseph Datello, Saul Heifetz, Lawrence Wecker, and Lisa Construction Corp., 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 2, 1997, in Bronx County and elsewhere, with intent to defraud, including 
the intent to commit another crime and to 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 Lisa Construction Corp. check.

14

IS 93 Project

Pattern Act 8

The defendants, Steven L. Crea, Anthony Pezzullo, Arthur Zambardi, Saul Heifetz, Santo Lanzafame, Jeremiah 
Sullivan, Sr., John Cucchiarella, Mikolaj Poniatowski, Thomas Zmich, DIBA Corp., Grand Train Corp. and Mietek 
Mason Contractors Inc., committed the crime of COMBINATION IN RESTRAINT OF TRADE AND 
COMPETITION, in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from in or about January 1998 through in or about December 1998, in Queens County 
and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and intentionally engaged 
in a contract, agreement, arrangement and combination in unreasonable restraint of trade and competition, to 
wit, to restrain competition in the construction industry throughout the City and State of New York by means 
of price fixing, bid rigging and other anticompetitive arrangements relating to the New York School 
Construction Authority Project at IS 93 Queens.

Pattern Act 9

The defendants, Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, DIBA Corp. and Grand Train Corp., committed 
the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows:

Said defendants, on or about April 24, 1998, in Queens County and elsewhere, with intent to influence Thomas
Zmich, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union shop steward, in respect to 
his acts, decisions; and duties as a labor official, conferred, offered, and agreed, to confer a benefit, to wit, 
a sum of United States currency, upon such labor official.

15

Pattern Act 10

The defendant Thomas Zmich, committed 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 a Local 1 Builders and Allied Craftsmen Union
I shop steward, on or about April 24, 1998, in Queens County and elsewhere, solicited, accepted, and agreed 
to accept a benefit from Saul Heifetz, 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.

Pattern Act 11

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., 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 April 1, 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 New York City School Construction Authority certified payroll 
report for DIBA Corp. for work performed at IS 93 for the week ending March 7, 1998.

Pattern Act 12

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., 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, 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

16

a New York City School Construction Authority certified payroll report for DIBA Corp. for work performed 
at IS 93 for the week ending April 25, 1998.

Pattern Act 13

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal 
Law Section 210.10, as follows:

Said defendants, on or about May 6, 1998, in Queens County and elsewhere, swore falsely, and their false 
statement was made in a subscribed written instrument for which an oath is required by law, to wit a New 
York City School Construction Authority Certified Payroll report for the week ending April 25, 1998, and 
made with intent to mislead a public servant in the performance of his official functions and was material 
to the action, proceeding, and matter involved.

Pattern Act 14

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., 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, 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 New York City School Construction Authority certified 
payroll report for DIBA Corp. for work performed at IS 93 for the week ending May 2, 1998.

17

Pattern Act 15

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal 
Law Section 210.10, as follows:

Said defendants, on or about May 6, 1998, in Queens County and elsewhere, swore falsely, and their false statement 
was made in a subscribed written instrument for which an oath is required by law, to wit a New York City School 
Construction Authority Certified Payroll report for the week ending May 2, 1998, and made with intent to mislead a 
public servant in the performance of his official functions and was material to the action, proceeding, and matter 
involved.

Pattern Act 16

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., 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 16, 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 New York City School Construction Authority certified 
payroll report for DIBA Corp. for work performed at IS 93 for the week ending May 9, 1998.

Pattern Act 17

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., committed the crime of PERJURY IN THE SECOND DEGREE, in violation of 
Penal Law Section 210.10, as follows:

Said defendants, on or about May 16, 1998, in Queens County and elsewhere, swore
falsely, and their false statement was made in a subscribed written instrument for which an oath

18

is required by law, to wit a New York City School Construction Authority Certified Payroll report for the week, 
ending May 9, 1998, and made with intent to mislead a public servant in the performance of his official functions 
and was material to the action, proceeding, and matter involved.

Pattern Act 18

The defendants Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski, Santo Lanzafame, Jeremiah 
Sullivan, Sr., Thomas Zmich, DIBA Corp., Grand Train Corp. and Mietek Mason Contractors Inc., 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 April 24, 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 Shop Steward report of Local 1 of the Builders 
and Allied Craftsmen Union for work performed at IS 93 for the week ending April 24, 1998.

Pattern Act 19

The defendants Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski, Santo Lanzafame, Jeremiah 
Sullivan, Sr., Thomas Zmich, DIBA Corp., Grand Train Corp. and Mietek Mason Contractors Inc., 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 1, 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 Shop Steward report of Local 1 of the Builders and 
Allied Craftsmen Union for work performed at IS 93 for the week ending May 1, 1998.

19

Pattern Act 20

The defendants Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski,
Santo Lanzafame,.; Jeremiah Sullivan, Sr., Thomas Zmich, DIBA Corp., Grand Train Corp. and Mietek 
Mason Contractors Inc., committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST 
DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendants, on far about May 9, 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 Shop Steward report of Local 1 of the Builders and Allied Craftsmen Union for work
Performed at IS 93 for the week ending May 9, 1998.

Pattern Act 21

The defendants Saul Heifetz, ,Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski,
Santo Lanzafame, Jeremiah Sullivan, Sr., Thomas Zmich, DIBA Corp., Grand Train Corp. and
Mietek Mason Contractors Inc., 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 16; 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 Shop Steward report of Local 1 of the Builders and Allied Craftsmen Union
for work performed at IS 93 for the week ending May 16, 1998.

Pattern Act 22

The defendants Saul Heifetz; Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski,
Santo Lanzafame, Jeremiah Sullivan, Sr., Thomas Zmich, DIBA Corp., Grand Train Corp. and
Mietek Mason Contractors Inc., committed the crime of FALSIFYING BUSINESS RECORDS
IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

20

Said defendants, on or about May 23 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 Shop Steward report 
of Local 1 of the Builders and Allied Craftsmen Union for work performed at IS 93 for the week 
ending May 23 1998.

PS 33 Project

Pattern Act 23

The defendants, Steven L. Crea, Anthony Pezzullo, Arthur Zambardi, Saul Heifetz, Santo Lanzafame, Jeremiah 
Sullivan, Sr., John Cucchiarella, Mikolaj Poniatowski, Henri LaBarbera, DIBA Corp., Grand Train .Corp. and 
Mietek Mason Contractors Inc., committed the crime of COMBINATION IN RESTRAINT OF TRADE 
AND COMPETITION, in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from in or about April 1998 through in or about December 1998, in Queens County and elsewhere, 
acting with others known and unknown to the Grand Jury, knowingly and intentionally engaged in a contract, 
agreement, arrangement and combination in unreasonable restraint of trade and competition, to wit, to restrain 
competition in the construction industry throughout the City and State of New York by means of bid rigging and 
price fixing relating to the New York School Construction Authority Project at PS 33 in Queens.

Pattern Act 24

The defendants, Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Santo Lanzafame, DIBA Corp. and Grand Train 
Corp. committed the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, 
as follows:

Said defendants, on or about June 21, 1998, in Queens County and elsewhere, with intent to influence Henri 
LaBarbera, a labor official, to wit a Local 1 Builders and Allied

21

Craftsmen Union shop steward, in respect to his acts, decisions, and duties as a labor official, conferred; 
offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

Pattern Act 25

The defendant Henri LaBarbera, committed 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 a Local 1 Builders and Allied Craftsmen Union shop steward, on or 
about June 21, 1998, in Queens County and elsewhere, solicited, accepted, and agreed to accept a benefit 
from Saul Heifetz, 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:

Pattern Act 26

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., 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 6, 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 New York City School Construction Authority 
certified payroll report for DIBA Corp. for work performed at PS 33 for the week ending June 6,1998.

Pattern Act 27

The defendants Saul Heifetz; Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal 
Law Section 210.10, as follows:

22

Said defendants, on or about June 6, 1998, in Queens County and elsewhere, swore falsely, and their false statement 
was made in a subscribed written instrument for which an oath is required by law, to wit a New York City School 
Construction Authority Certified Payroll report for the week ending June 6, 1998, and made with intent to mislead 
a public servant in the performance of his official functions and was material to the action, proceeding, and 
matter involved.

Pattern Act 28

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., 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 July 21, 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 New York City School Construction Authority certified 
payroll report for DIBA Corp. for work performed at PS 33 for the week ending June 13, 1998.

Pattern Act 29

The defendants Saul Heifetz, Mikolaj Poniatowski, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal 
Law Section 210.10, as follows:

Said defendants, on or about July 21, 1998, in Queens County and elsewhere, swore falsely, and their false 
statement was made in a subscribed written instrument for which an oath is required by law, to wit a New York 
City School Construction Authority Certified Payroll report for the week ending June 13, 1998, and made with 
intent to mislead a public servant in the performance of his official functions and was material to the action, 
proceeding, and matter involved.

23

Pattern Act 30

The defendants Saul Heifetz; Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski,
Santo Lanzafame, Jeremiah, Sullivan, Sr.,, Henri LaBarbera, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., 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 5, 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 lie made. a false entry in the business records of an enterprise, to wit a Shop Steward report 
of Local 1 of the Builders and Allied Craftsmen Union for work performed at IS 93 for the week ending June 5, 
1998.

Pattern Act 31

The defendants Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski,
Santo Lanzafame, Jeremiah Sullivan, Sr., Henri LaBarbera, DIBA Corp., Grand Train Corp. and Mietek Mason 
Contractors Inc., 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 14, 1998; in Queens County and elsewhere, with intent to defraud, 
including the intent to commit another crime and aid arid 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 of Local 1 of the Builders and Allied Craftsmen Union for work performed at IS 93 for the 
week ending June 14, 1998.

Pattern Act 32

The defendants Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski,
Santo Lanzafame, Jeremiah Sullivan, Sr., Henri LaBarbera, DIBA Corp., Grand Train Corp. and
Mietek Mason Contractors Inc., committed the crime of FALSIFYING BUSINESS RECORDS
IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

24

Said defendants, on or about June 21, 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 Shop Steward 
report of Local 1 of the Builders and Allied Craftsmen Union for work performed at IS 93 for the 
week ending June 21, 1998.

Pattern Act 33

The defendants Saul Heifetz, Anthony Pezzullo, Arthur Zambardi, Mikolaj Poniatowski, Santo Lanzafame, 
Jeremiah Sullivan, Sr., Henri LaBarbera, DIBA Corp., Grand Train Corp. and Mietek Mason Contractors Inc., 
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 28, 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 Shop Steward 
report of Local 1 of the Builders and Allied Craftsmen Union for work performed at IS 93 for the 
week ending June 28, 1998.
Kent Building Systems

Pattern Act 34

The defendants, Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. 
committed the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in 
violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from on or about January 1, 1998, to on or about December 31, 1998, in Queens 
County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and 
intentionally engaged in a contract, agreement, arrangement and combination in unreasonable 
restraint of trade and competition, to wit, to restrain competition in the construction industry 
throughout the City and State of New York by means of price fixing, bid

25

rigging and other anticompetitive arrangements, relating to the supply of modular construction units 
at the School Construction Project at IS 93 Queens.

Pattern Act 35

The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. 
committed the crime of COERCION IN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as 
follows:

Said defendants, from on or about January 1, 1998 to on or about December 31, 1998, in Queens County 
and elsewhere, compelled and induced a person, known to the grand jury as John Doe 3, to engage in 
conduct which the latter had a legal right to abstain from engaging in and to abstain from engaging 
in conduct in which he had a legal right to engage by means of instilling in him the fear that if the 
demand was not complied with, the actor or another would cause physical injury to a person and cause 
damage to property.

Pattern Act 36

The defendants, Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. 
committed the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in 
violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from on or about January 1, 1998, to on or about December 31, 1998, in Queens County 
and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and intentionally 
engaged in a contract, agreement, arrangement and combination in unreasonable restraint of trade and 
competition, to wit, to restrain competition in the construction industry throughout the City and 
State of New York by means of price fixing, bid rigging anal other anticompetitive arrangements 
relating to the supply of modular construction units at the School Construction Project at PS 33 Queens.

26

Pattern Act 37

The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. 
committed the crime of COERCION IN THE FIRST DEGREE, in violation of Penal Law Section 135.651), 
as follows:

Said defendants, from on or about January 1, 1998 to on or about December 31, 1998, in Queens County 
and elsewhere, compelled and induced a person, known to the grand jury as John Doe 3, to engage in 
conduct which the latter had a legal right to abstain from engaging in and to abstain from engaging 
in conduct in which he had a legal right to engage by means of instilling in him the fear that if the 
demand was not complied with, the actor or another would cause physical injury to a person and cause 
damage to property.

Pattern Act 38

The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo, and Kent Building Systems Inc., 
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 April 4, 1997, in Bronx 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 City 
School Construction Authority subcontractor application for Kent Building Systems Inc., dated 
April 4, 1997.

Pattern Act 39

The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo, and Kent Building Systems Corp., 
committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, 
in violation of Penal Law Section 175.35, as follows:

Said defendants, on or about April 4, 1997, in Bronx County and elsewhere, knowing that a written 
instrument, to wit a New York City School Construction Authority subcontractor

27

application for Kent Building Systems Inc., dated April 4, 1997, contained a false statement or false 
information, and with intent to defraud the state or any political subdivision thereof, offered or 
presented it to a public office and public servant with the knowledge and belief that it will be filed 
with, registered and recorded in and otherwise become a part of the records of such public office, and 
public servant.

Pattern Act 40

The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. 
committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal Law Section 210.10, as 
follows:

Said defendants, on or about April 4, 1997, in Bronx County and elsewhere, swore falsely, and their 
false statement was made in a subscribed written instrument for which an oath is required by law, to wit 
a New York City School Construction Authority subcontractor application for Kent Building Systems Inc. 
dated April 4, 1997, and made with intent to mislead a public servant in the performance of his 
official functions and was material to the action, proceeding, and manner involved.

Pattern Act 41

The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo, and Kent 
Building Systems Inc., 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 August 21, 1997; in Bronx 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 III enterprise, to wit a New York 
City School Construction Authority prequalification application for Kent Building Systems Inc., 
dated August 21, 1997,

28

Pattern Act 42

The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo, and Kent Building Systems Inc., 
committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, 
in violation of Penal Law Section 175.35, as follows:

Said defendants, on or about August 21, 1997, in Bronx County and elsewhere, knowing that a written 
instrument, to wit a New York City School Construction Authority prequalification application for
Kent Building Systems Inc., dated August 21, 1997, contained a false statement or false information, 
and with intent to defraud the state or any political subdivision thereof, offered or presented it 
to a public office and public servant with the knowledge and belief that it will be filed with, 
registered and recorded in and otherwise become a part of the records of such public office, and 
public servant.

Pattern Act 43

The defendants Steven L. Crea, Steven Chait Osserman, Nicholas Russo and Kent Building Systems Inc. 
committed the crime of PERJURY IN THE SECOND DEGREE, in violation of Penal Law Section 210.10, 
as follows:

Said defendants, on or about August 21, 1997, in Bronx County and elsewhere, swore falsely, and their 
false statement was made in a subscribed written instrument for which an oath is required by law, to 
wit a New York City School Construction Authority prequalification application for Kent Building 
Systems Inc. dated August 21, 1997, and made with intent to mislead a public servant in the performance 
of his official functions and was material to the action, proceeding, and matter involved.

29

Canron Construction

Pattern Act 44

The defendants James Bonagura, Steven L. Crea, Arthur Zambardi, Saul Heifetz, DIBA
Corp. and Grand Train Corp. committed the crime of COMBINATION IN RESTRAINT OF TRADE 
AND COMPETITION; in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from on or about August 13, 1998 to on or about January 12, 1999, in New York County 
and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and intentionally 
engaged in a contract, agreement, arrangement and combination in unreasonable restraint of trade 
and competition, to wit, to restrain competition in the construction industry throughout the City 
and State of New York by means of price fixing, bid rigging and other anticompetitive arrangements 
relating to a subcontract for concrete and masonry work at the 59th Street Bridge.

Pattern Act 45

The defendants James Bonagura, Steven L. Crea, Arthur Zambardi, Saul Heifetz, DIBA Corp. and Grand 
Train Corp. committed the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, 
in violation of General Business Law Sections 340 and 341, as follows:

Said defendants; from on or about September 1, 1998 to on or about June 30, 1999, in New York County 
and elsewhere; acting with others known and unknown to the Grand Jury, knowingly and intentionally 
engaged in a contract, agreement, arrangement and combination in unreasonable restraint of trade and 
competition, to wit, to restrain competition in the construction industry throughout the City and 
State of New York by means of price fixing, bid rigging and other anticompetitive arrangements 
relating to a concrete and masonry subcontract at the New York City School Construction Authority 
Project at IS 254 Bronx.

30

Pattern Act 46

The defendants  James Bonagura, Alessandro Palmeri, Giuseppe Palmeri, Arthur Zambardi, Joseph Tangorra, 
Steven L. Crea, Andrew Reynolds, Adam Gallini, Brian Thompson, Dominick Detore, New York Blacktop Corp., 
Marmer Brothers Construction LLC., land Cleveland Construction Co. committed the crime of 
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of General 
Business Law Sections 340 and 341, as follows:

Said defendants, from on or about November 18, ° 1998 to on or about December 1, 1998, in New 
York County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly 
and intentionally engaged in a contract, agreement, arrangement and combination in ,unreasonable 
restraint of trade and competition, to wit, to restrain competition in the construction industry 
throughout the City and State of New York by means of price fixing, bid rigging and other 
anticompetitive arrangements relating to an excavation subcontract at the New York City School 
Construction Authority Project at IS 254 Bronx.

Pattern Act 47

The defendants Alessandro Palmeri, Giuseppe Palmeri, Arthur Zambardi, Joseph Tangorra, Andrew Reynolds 
and Adam Gallini, committed the crime of COMMERCIAL ,BRIBING IN THE FIRST DEGREE, in 
violation of Penal 
Law Section 180.03, as follows:

Said defendants, from on or about November 18, 1998 to on or about November 23, 11998, in New York 
County and elsewhere, conferred, and offered and agreed to confer a benefit upon an employee, agent and fiduciary 
without the consent of the latter's employee and principal with intent to influence his conduct in relation to 
his employer's and principal's affairs, and the value of the benefit conferred and agreed to be conferred 
exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding 
two hundred and fifty dollars.

31

Pattern Act 48

The defendant James Bonagura committed the crime of COMMERCIAL BRIBE RECEIVING IN 
THE FIRST DEGREE, in violation of Penal Law Section 180:08, as follows:

Said defendant, from on or about November 18, 1998 to on or about November 23, 1998, in New York County 
and elsewhere, without the consent of his employer and principal solicited, accepted and agreed to accept
any benefit from another person upon an agreement and understanding that such benefit would influence his
conduct in relation to his employer's and principal's affairs and the value of the benefit solicited, 
accepted and agreed to be accepted exceeded one thousand dollars and caused economic harm to the 
employer and principal in an amount exceeding two hundred and fifty dollars.

Pattern Act 49

The defendants James Bonagura, Arthur Zambardi, Joseph Tangorra, Steven L. Crea, Andrew Reynolds, Brian 
Thompson and New York Blacktop Corp., committed the crime of COMBINATION IN RESTRAINT 
OF TRADE AND COMPETITION, in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from on or about April 6, 1999, in New York County and elsewhere, acting with others 
known and unknown to the Grand Jury, knowingly and intentionally engaged in a contract, agreement, 
arrangement and combination in unreasonable restraint of trade and competition, to wit, to restrain 
competition in the construction industry throughout the City and State of New York by means of price
fixing, bid rigging and other anticompetitive arrangements relating to a blacktop subcontract at the 
New York City School Construction Authority Project at IS 254 Bronx.

32

Pattern Act 50

The defendants James Bonagura, Joseph Datello, and Arthur Zambardi, committed the crime of 
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of General 
Business Law Sections 340 and 341, as follows:

Said defendants, on or about January 27, 1999, in New York County and elsewhere, acting with others known 
and unknown to the Grand Jury, knowingly and intentionally engaged in a contract, agreement, arrangement 
and combination in unreasonable restraint of trade and competition, to wit, to restrain competition in 
the construction. industry throughout the City and State of New York by means of price fixing, bid rigging 
and other anticompetitive arrangements relating to a roofing subcontract at the New York City School 
Construction Authority Project at IS 254 Bronx.

Pattern Act 51

The defendants James Bonagura, Arthur Zambardi and Philip DeSimone committed the crime of 
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of General 
Business Law Sections 340 and 341, as follows:

Said defendants, on or about March 4, 1999, in New York County and elsewhere, acting with others known and 
unknown to the Grand Jury, knowingly and intentionally engaged in a contract, agreement, arrangement and 
combination in unreasonable restraint of trade and competition, to wit, to restrain competition in the 
construction industry throughout the City and State of New York by means of price fixing, bid rigging 
and other anticompetitive arrangements relating to a subcontract to be awarded to Barbuto Roofing Corp.

33

Pattern Act 52

The defendants James Bonagura, Arthur Zambardi, Andrew Reynolds, Brian Thompson and New York 
Blacktop Corp. ,committed the crime of COMBINATION IN RESTRAINT OF TRADE AND 
COMPETITION, in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from on or- about November 1, 1998 to on or about March 31, 1999, in New York County and 
elsewhere, acting with others known and unknown to the Grand Jury, knowingly and intentionally engaged in 
a contract, agreement, arrangement and combination in unreasonable restraint of trade and competition; to 
wit, to: restrain competition in the construction industry throughout, the City and State of New York by 
means of price fixing, bid rigging and other anticompetitive arrangements relating to a subcontract to be 
awarded to New York Blacktop Corp. at the Triboro Bridge.

Pattern Act 53

The defendants Said Heifetz .and Arthur Zambardi, committed the crime of COMMERCIAL BRIBING 
IN THE FIRST DEGREE, in violation of Penal Law Section 180.03, as follows:

Said defendants, from on or about January 7, 1999 to on or about May 14, 1999, in New York County and 
elsewhere,. conferred, and offered and agreed to confer a benefit upon an employee, agent and, fiduciary 
without the consent of the latter's employee and principal with intent to influence his conduct in relation 
to his employer's and principal's affairs, and the value of the benefit conferred and agreed to be conferred 
exceeded ogle thousand dollars and caused economic harm to the employer and principal in an amount exceeding 
two hundred and fifty dollars.

34

Pattern Act 54

The defendant James Bonagura committed the crime of COMMERCIAL BRIBE RECEIVING IN 
THE FIRST DEGREE, in violation of Penal Law Section 180.08, as follows:

Said defendant, from on or about January 7, 1999 to on or about May 14, 1999, in New York County and 
elsewhere, without the consent of his employer and principal solicited, accepted and agreed to accept 
any benefit from another person upon an agreement and understanding that such benefit would influence 
his conduct in relation to his employer's and principal's affairs and the value of the benefit solicited, 
accepted and agreed to be accepted exceeded one thousand dollars and caused economic harm to the employer 
and principal in an amount exceeding two hundred and fifty dollars.

Marmer Brothers Construction

Pattern Act 55

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 
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 October 2, 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 Shop Steward's 
Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed by Marmer 
Brothers Construction at IS 254 for the week ending October 3, 1998.

Pattern Act 56

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers ,Construction LLC., 
committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in 
violation of Penal Law Section 175.10, as follows:

35

Said defendants, on or about October 28, 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 an Employer's Remittance Agreement and Report, Cement and Concrete
District Council Fringe Benefit Funds for work performed by Marmer Brothers Construction
LLC. at IS 254 for the week ending October 3, 1998.

Pattern Act 57

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers
Construction LLC:, 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 October 9, 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 Shop Steward's 
Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed by Marmer 
Brothers Construction LLC. at IS 254 for the week ending October 10, 1998.

Pattern Act 58

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers 
Construction LLC., 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 18, 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 an Employer's Remittance Agreement and Report, Cement and Concrete

 36

District Council Fringe Benefit Funds for work performed by Marmer Brothers Construction LLC. at IS,
254 for the week ending October 10, 1998.

Pattern Act 59

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 
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 October 16, 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 Shop 
Steward's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed 
by Marmer Brothers Construction LLC. at IS 254 for the week ending October 17, 1998.

 Pattern Act 60

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 
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 18, 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 an 
Employer's Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit 
Funds for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending 
October 17, 1998.

37

Pattern Act 61

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 
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: October 23, 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 Shop 
Steward's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed 
by Marmer Brothers Construction LLC. at IS 254 for the week ending October 24, 1998.

Pattern Act 62

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction 
LLC., 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 18, 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 an 
Employer's Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit 
Funds for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending 
October 24, 1998.

Pattern Act 63

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 
committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in 
violation of Penal Law Section 175.10, as follows:

38

Said defendants, on or about October 30, 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 Shop 
Steward's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed 
by Marmer Brothers Construction LLC. at IS 254 for the week ending October 31, 1998.

Pattern Act 64

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction LLC., 
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 18, 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 an 
Employer's Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit 
Funds, for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending 
October 31,1998.

Pattern Act 65

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction 
LLC., 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 6, 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 Shop 
Steward's Weekly Payroll Report, Cement and Concrete District

39

Council Local 20 for work performed by Marmer Brothers Construction LLC. at IS 254 for the I
week ending November 7, 1998.

Pattern Act 66

The defendants Adam Gallini, Alessandro Palmeri, Kevin Barber and Marmer Brothers
Construction LLC., committed the crime of FALSIFYING BUSINESS RECORDS IN THE
FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defend its, on or about December 18, 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 Employer's Remittance Agreement and Report, Cement and Concrete
District Council Fringe Benefit Funds, for work performed by Marmer Brothers Construction
LLC. at IS 254 for a week ending November 7, 1998.

Pattern Act 67

The defendants Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction
LLC., committed . e crime. of FALSIFYING BUSINESS RECORDS 1N THE FIRST
DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendants, on or about November 21, 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 Shop Steward's Weekly Payroll Report, Cement and Concrete District
Council Local 20 for work performed by Marmer Brothers Construction LLC. at IS 254 for the
week ending November 21, 1998.

40

Pattern Act 68

The defendants Alessandro Palmeri, Kevin Barber and Marmer Brothers Construction
LLC., 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 18, 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 
an Employer's Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit 
Funds, for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending 
November 21, 1998.

Pattern Act 69

The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction
LLC., 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 26, 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 
Shop Steward's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed 
by Marmer Brother Construction LLC. at IS 254 for the week ending December 26, 1998.

Pattern Act 70

The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction
LLC., committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, 
in violation of Penal Law Section 175.10, as follows:

41

Said defendants, on or about December 26, 1.998, 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 an 
Employer's Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit 
Funds, for work performed by Marmer Brothers Construction LLC. at IS 254 for the week ending 
December 26, 1998.

Pattern Act 71

The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction LLC., 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 January 4, 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 Shop 
Steward's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed 
by Marmer Brother Construction LLC. at IS 254 for the week ending January 4, 1999.

Pattern Act 72

The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction LLC., 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 January 11, 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 Shop 
Steward's Weekly Payroll Report, Cement and Concrete District

42

Council Local 20 for work performed by Marmer Brother Construction LLC. at IS 254 for the Week 
ending January 11, 1999.

Pattern Act 73

The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction LLC., 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 January 18, 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 Shop Steward's Weekly Payroll Report, Cement and Concrete District Council Local 20 
for work performed by Marmer Brother Construction LLC. at IS 254 for the week ending January 
18, 1999.

Pattern Act 74

The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction LLC., 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 January 25, 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 Shop 
Steward's Weekly Payroll Report, Cement and Concrete District Council Local 20 for work performed 
by Marmer Brother Construction LLC. at IS 254 for the week ending January 25, 1999.

43

Pattern Act 75

The defendants Joseph Truncale, Kevin Barber and Marmer Brothers Construction LLC., 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 30, 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 an Employer's 
Remittance Agreement and Report, Cement and Concrete District Council Fringe Benefit Funds, for 
work performed by Marmer Brothers Construction LLC. at IS 254 for the period week ending January 2, 
1999 through week ending January 23, 1999.

Pattern Act 76

The defendants Kevin Barber and Marmer Brothers Construction LLC., committed the crime of 
OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST. DEGREE, in 
violation of Penal Law Section 175.35, as follows:

Said defendants, on or about January 9, 1999, in Queens County and elsewhere, knowing that a written 
instrument, to wit a New York City School Construction Authority certified payroll report for Marmer 
Brothers Construction LLC., for work performed at IS 254 for the week ending January 9; 1999, contained 
a false statement or false information, and with intent to defraud the state or any political subdivision,
public authority or public benefit corporation of the state, offered or presented it to a public office, 
public servant, public authority or public benefit corporation with the knowledge and belief that it will 
be filed with, registered and recorded in and otherwise become a part of the records of such public office, 
public servant, public authority or public benefit corporation.

44

Commercial Brick

Pattern Act 77

The defendants Anthony Pezzullo, Anthony Frantellizzi, Dominick Frantellizzi and
Commercial Brick Inc., committed the crime of COMBINATION IN RESTRAINT OF TRADE 
AND COMPETITION, in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, on or about October 14, 1997 in Queens County and elsewhere, acting
with others known and unknown to the Grand Jury, knowingly and intentionally engaged in a contract, agreement, 
arrangement and combination in unreasonable restraint of trade and i,, competition, to wit, to restrain 
competition in the construction industry throughout the City and State of New York by means of price fixing, 
bid rigging and other anticompetitive arrangements relating to a masonry subcontract at the New York City 
School Construction Authority project at IS 93 Queens.

Pattern Act 78

The defendants Anthony Pezzullo, Anthony Frantellizzi, Dominick Frantellizzi and
Commercial Brick Inc., committed the crime of COMBINATION IN RESTRAINT OF TRADE
AND COMPETITION, inn violation of General Business Law Sections 340 and 341, as follows:

Said defendants, on or about July 29, 1998, in New York County and elsewhere, acting
with others known and unknown to the Grand Jury, knowingly and intentionally engaged in a contract, agreement, 
arrangement and combination in unreasonable restraint of trade and competition, to wit, to restrain competition 
in the construction industry throughout the City and State of New York by means of price fixing, bid rigging and 
other anticompetitive arrangements relating to a construction project known to the Grand Jury as Project 2.

Pattern Act 79

The defendants Anthony Pezzullo, Arthur Zambardi, Andrew Reynolds, Joseph
Tangorra, Philip DeSimone, Steven L. Crea, Joseph Datello, Giuseppe Palmeri, Anthony

45

Frantellizzi, Dominick Frantellizzi and Commercial Brick Inc., committed the crime of 
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of 
General Business Law Sections 340 and 341, as follows:

Said defendants, from on or about March 1, 1998 to on or about January 1, 1999, in New York 
County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly 
and intentionally engaged in a contract, agreement; arrangement and combination in unreasonable 
restraint of trade and competition, to wit, to restrain competition in the construction industry 
throughout the City and State of New York by means of price fixing, bid rigging and other, 
anticompetitive arrangements relating to a construction project at 354 Broadway.

Pattern Act 80

The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick Inc., 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 i
commission thereof, omitted to make a true entry in the business records of an enterprise in violation of a duty 
to do so which they knew to be imposed upon them by law acid by the nature of their position, to wit a BAC Local 
Union No. 1, NY Shop Steward's Time Report for work performed by Commercial Brick Inc. at 354 
Broadway for the week ending March 3, 1998.

Pattern Act 81

The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick Inc., committed the crime 
of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE,
in violation of Penal Law Section 175.10, as follows:

46

Said defendants, on or about March 10, 1998, in Queens County and elsewhere, with intent to defraud, 
including the intent to commit another crime and aid and conceal the commission thereof, omitted to make a 
true entry in the business records of an enterprise in violation of a duty to do so which they, knew to be 
imposed upon them by law and by the nature. of their position, to wit a BAC Local Union No. 1, NY Shop 
Steward's Time Report for work performed by Commercial Brick Inc. at 354 Broadway for the week 
ending March 10, 1998.

Pattern Act 82

The defendants Anthony ,Frantellizzi, Dominick Frantellizzi, and Commercial Brick Inc., 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 17, 1998, in Queens County and elsewhere, with intent to defraud, 
including the intent to commit another crime and aid and conceal the commission thereof, omitted to 
make a true entry in the business records of an enterprise in violation of a duty to do so which 
they knew to be imposed upon them by law and by the nature of their position, to wit a BAC Local 
Union No. 1, NY Shop Steward's Time Report for work performed by Commercial Brick Inc. at 354 
Broadway for the week ending March 17, 1998.

Pattern Act 83

The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick Inc., 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 24, 1998, in Queens County and elsewhere, with Iii intent to 
defraud, including the intent to commit another crime and aid and conceal the commission thereof, 
omitted to make a true entry in the business records of an enterprise in violation of a duty to 
do so which they knew to be imposed upon them by law and by the nature

47

of their position, to wit a BAC Local Union No. 1, NY Shop Steward's Time Report for work performed 
by Commercial Brick Inc. at 354 Broadway for the week ending March 24, 1998.

Pattern Act 84

The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick Inc., 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 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, 
omitted to make a true entry in the business records of an enterprise in violation of a duty to do 
so which they knew to be imposed upon them by law and by the nature of their position, to wit a BAC 
Local Union No. 1, NY Shop Steward's Time Report for work performed by Commercial Brick Inc. at 354 
Broadway, for the week ending March 31, 1998.

Pattern Act 85

The defendants Anthony Frantellizzi, Dominick Frantellizzi; Thomas Zmich and Commercial Brick Inc., 
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 Aril 7, 1998, in Queens County and elsewhere, with intent o 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 by commercial Brick Inc. 
at 354 Broadway for the week ending April 7, 1998.

Pattern Act 86

The defendants Anthony Pezzullo, Arthur Zambardi, Andrew Reynolds, Joseph
Tangorra Philip DeSimone, Steven L. Crea, Joseph Datello, Anthony Frantellizzi, Dominick

48

Frantellizzi and Commercial Brick Inc., committed the crime of COERCION IN THE FIRST DEGREE, in 
violation of Penal Law Section 135.651), as follows:

Said defendants, from on or about April 7, 1998, to on or about January 1, 1999, in New York County, 
compelled anal induced a person, known to the grand jury as John Doe 4, to engage in conduct 
which the latter had a legal right to abstain from engaging in and to abstain 
from engaging in conduct in which he had a legal right to engage by means of instilling in him the 
fear that if the demand was not complied with, the actor or another would cause physical injury to 
a person and cause damage to property. Projects Involving John Doe 5

 Pattern Act 87

The defendants Arthur Zambardi; Anthony Barbagallo, John Cucchiarella, and Joseph
Pezzullo, committed the crime of COMBINATION IN RESTRAINT OF TRADE AND
COMPETITION, in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from on or about April 1, 1997 to on or about June 1, 1997, in Queens
County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly
and intentionally engaged in a contract, agreement, arrangement and combination in
unreasonable restraint of trade and competition, to wit, to restrain competition in the
construction industry throughout the City and State of New York by means of price fixing, bid
rigging and other anticompetitive arrangements relating to a construction project known to the
Grand Jury as Project 3.

Pattern Act 88

The defendants Arthur Zambardi, Anthony Barbagallo and John Cucchiarella,
committed the crime of COMBINATION IN .RESTRAINT OF TRADE AND COMPETITION
 in violation of General Business Law Sections 340 and 341, as follows:

49

Said defendants, from on or about January, 1, 1996 to on or about April 29, 1998, in New York County 
and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and intentionally 
engaged in a contract, agreement, arrangement and combination in unreasonable restraint of trade 
and competition, to wit, to restrain competition in the construction industry throughout the City 
and State of New York by means of price fixing, bid rigging and other anticompetitive arrangements 
relating to a construction project known to the Grand Jury as Project 4.

Pattern Act 89

The defendants Arthur Zambardi, Anthony Barbagallo, and John Cucchiarella, committed the crime of 
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of General 
Business Law Sections 340 and 341, as follows:

Said defendants, from on or about January 1, 1998 to on or about November 11, 1998, in New York 
County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and 
intentionally engaged in a contract, agreement, arrangement and combination in unreasonable 
restraint of trade and competition, to wit, to restrain competition in the construction 
industry throughout the City and State of New York by means of price fixing, bid rigging 
and other anticompetitive arrangements relating to a construction project known to the 
Grand Jury as Project 5.

Pattern Act 90

The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR OFFICIAL, in violation 
of Penal Law Section 180.15, as follows:

Said defendant, on or about :April 30, 1999, in New York County and elsewhere, with intent to 
influence Anthony Barbagallo, a labor official, to wit "a Local 1 Builders and Allied 
Craftsmen Union Business Agent, in respect to his acts, decisions, and duties as a labor 
official,

50

conferred, offered; and agreed, to confer a benefit, to wit, a sum of United States currency, 
upon such labor official.

Pattern Act 91

The defendant Anthony Barbagallo, committed 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 a Local l Builders and Allied Craftsmen Union 
Business Agent, on or about April 30, 1999, in New York County and elsewhere, solicited, 
accepted, and agreed to accept a benefit from Arthur Zambardi 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.

Pattern Act 92

The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR OFFICIAL, in violation 
of Penal Law Section 180.15, as follows:

Said defendant, on or about May 7, 1999, in New York County and elsewhere, with ,intent to 
influence Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen 
Union Business Agent, in respect to his acts, decisions, and duties as a labor official, 
conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, 
upon such labor official.

Pattern Act 93

The defendant Anthony Barbagallo, committed 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 a Local I Builders and Allied Craftsmen Union Business 
Agent, on or about May 7, 1999, in New York County and elsewhere, solicited, accepted, and agreed 
to accept a benefit from Arthur Zambardi, and others known to the grand

51

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.

Pattern Act 94

The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR OFFICIAL, in violation of 
Penal Law Section 180.15, as follows:

Said defendant, on or about May 14, 1999, in New York County and elsewhere, with intent to 
influence Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen 
Union, Business Agents in: respect to his acts, decisions, and duties as a labor official, 
conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, 
upon such labor official.

Pattern Act 95

The defendant Anthony Barbagallo, committed 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 a Local 1 Builders and Allied Craftsmen Union Business 
Agent, on or about May 14, 1999, in New York County and elsewhere, solicited, accepted, and 
agreed to accept a benefit from Arthur Zambardi, 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.

Pattern Act 96

The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR OFFICIAL, in violation of 
Penal Law Section 180.15, as follows:

Said defendant, on or about May 21, 1999, in New York County and elsewhere, with intent to 
influence Anthony Barbagallo, a labor official; to wit a Local 1 Builders and Allied Craftsmen 
Union Business Agent, in respect to his acts, decisions, and duties as a labor official,

52

 conferred; offered, and agreed, to confer a benefit, to wit, a sum of United States 
currency, upon such labor official.

Pattern Act 97

The defendant Anthony Barbagallo, committed 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 a Local 1 Builders and Allied Craftsmen Union
Business Agent, on or about May 21, 1999, in New York County and elsewhere, solicited, 
accepted, and agreed to accept a benefit from Arthur Zambardi, 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.

Pattern Act 98

The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR
OFFICIAL, in violation of Penal Law Section 180.15, as follows:

Said defendant, on .or about May 28, 1999, in New York County and elsewhere, with
intent to influence Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied
Craftsmen Union Business Agent, in respect to his acts, decisions, and duties as a labor official,
conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon
such labor official.

Pattern Act 99

The defendant Anthony Barbagallo, committed 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 a Local 1 Builders anal Allied Craftsmen Union
Business Agent, on or about May 28, 1999, in New York County and elsewhere, solicited,
accepted, and agreed to accept a benefit from Arthur Zambardi, and others known to the grand

53

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.

Pattern Act 100

The defendant Joseph Pezzullo, committed 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 a Local 1 Builders and Allied Craftsmen Union Shop 
Steward, on or about April 15, 1997, in Queens County and elsewhere, solicited, accepted, 
and agreed to accept a benefit from a person known to the grand jury as John Doe 5, 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.

Pattern Act 101

The defendant Joseph Pezzullo, committed 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 a Local 1 Builders and Allied Craftsmen Union Shop 
Steward, on or about April 22, 1997, in Queens County and elsewhere, solicited, accepted, 
and agreed to accept a benefit from a person known to the grand jury as John Doe 5, 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.

Pattern Act 102

The defendant Joseph Pezzullo, committed 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 a Local 1 Builders and Allied Craftsmen Union Shop 
Steward, on or about April 29, 1997, in Queens County and elsewhere, solicited, accepted, and 
agreed to accept a benefit from a person known to the grand jury as John Doe 5, upon an

54

agreement and understanding that such benefit would influence the defendant in respect to any of 
his acts, decisions and duties as such labor official.

Pattern Act 103

The defendant Joseph Pezzullo, committed 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 a Local 1 Builders and Allied Craftsmen Union Shop 
Steward, on or about May 6, 1997, in Queens County and elsewhere, solicited, accepted, I, 
and agreed to accept a benefit from a person known to the grand jury as John Doe 5, 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.

Pattern Act 104

	The defendant Joseph Pezzullo, committed 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 a Local 1 Builders and Allied Craftsmen Union Shop 
Steward, on or about May 13, 1997, in Queens County and elsewhere, solicited, accepted, and 
agreed to accept a benefit from a person known to the grand jury as John Doe 5, 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.

Pattern Act 105

The defendant Joseph Pezzullo, committed 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 a Local 1 Builders and Allied Craftsmen Union Shop 
Steward, on or about May 20, 1997, in Queens County and elsewhere; solicited, accepted, and 
agreed to accept a benefit from a person known to the grand jury as John Doe 5, upon an

55

agreement and understanding that such benefit would influence the defendant in respect to any 
of his acts, decisions and duties as such labor official.

Pattern Act 106

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 April 15, 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 15, 1997.

Pattern Act 107

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 April 22, 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 22, 1997.

Pattern Act 108

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:

56

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 I, 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

Pattern Act 111

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 20, 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 20, 1997.

The Park Central Hotel Project

Pattern. Act 112

The defendants Steven L. Crea, Dominic Truscello, Joseph Datello, Anthony Rucereto, Anthony 
O'Donnell, Michael, Forde; Martin Devereaux and Gerald Woods committed the crime of 
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of 
General Business Law Sections 340 and 341, as follows:

Said defendants, from in or about January 1998 through on or about April 1999 in New York 
County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and 
intentionally engaged in a contract, agreement, arrangement and combination in unreasonable 
restraint of trade and competition, to wit, to restrain competition in the construction 
industry throughout the City and State of New York by means of price fixing, bid rigging 
and other anticompetitive arrangements relating to a renovation project at the Park Central Hotel.

Pattern Act 113

The defendant Anthony Rucereto, committed the crime of BRIBING A LABOR OFFICIAL, in 
violation of Penal Law Section 180.15, as follows:

58

Said defendant, on or about April 30, 1998, in New York County and elsewhere, with intent 
to influence Michael Forde, a labor official, to wit the President of Local 608 of the 
carpenters and Joiners International Union, in respect to his acts, decisions, and duties as a 
labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United 
States currency, upon such labor official.

Pattern Act 114

The defendant Anthony Rucereto, committed the crime of BRIBING A LABOR OFFICIAL, 
in violation of Penal Law Section 180.15, as follows:

Said defendant, on or about April 30, 1998, in New York County and elsewhere, with intent to 
influence Martin Devereaux, a labor official, to wit a Business Agent for Local 608 of the 
Carpenters and Joiners International Union, in respect to his acts, decisions, and duties 
as a labor official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of 
United States currency, upon such labor official.

Pattern Act 115

The defendant Anthony Rucereto, committed the crime of BRIBING A LABOR OFFICIAL, 
in violation of Penal Law Section 180.15, as follows:

Said defendants, in or about April 1998 in New York County and elsewhere, with intent to 
influence Gerald Woods, 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 respect to his acts, decisions, and duties as a labor ,
official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States 
currency, upon such labor official.

Pattern Act 116

The defendant Michael Forde, committed the crime of BRIBE RECEIVING BY A LABOR 
OFFICIAL, in violation of Penal Law Section 180.25, as follows:

59

Said defendant, a labor official, to wit the President of Local 608 of the Carpenters and 
Joiners International Union, on or about April 30; 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.

Pattern Act 117

The defendant Martin Devereaux, committed 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 a Business Agent for Local 608 of the Carpenters and 
Joiners International Union; on or about April 30, 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.

Pattern Act 118

The defendant Gerald Woods, committed 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.

60

Pattern Act 119

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 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.

Pattern Act 120

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 Shop Steward Report for Local 608 of the United Brotherhood of Carpenters 
land Joiners of America for the week ending May 29, 1998.

Pattern Act 121

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 5, 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

61

enterprise, to wit a Shop Steward Report for Local 608 of the United Brotherhood of Carpenters and 
Joiners of America for the week ending June 5, 1998.

Pattern Act 122

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 12 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 June 12, 1998.

Pattern Act 123

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 19, 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 June 19, 1998:

Pattern Act 124

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:

62

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

The Doral Arrowwood-Project

Pattern Act 127

The defendants Steven L. Crea, Lawrence Wecker, Joseph: Datello, Anthony Rucereto, Anthony 
O'Donnell and Kenneth Gordon committed the crime of COMBINATION IN RESTRAINT 
OF TRADE AND COMPETITION, in violation of General Business Law Sections 340 
and 341, as follows:

Said defendants, from in or about August 1999 through in or about December 1999, in New York 
County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and 
intentionally engaged in, a contract, agreement; arrangement and combination in unreasonable 
restraint of trade and competition, to wit, to restrain competition in the construction 
industry throughout the City and State of New York by means of price fixing, bid rigging and 
other anticompetitive arrangements relating to the award of a construction project at the 
Doral Arrowwood Conference Center.

Pattern Act 128

The defendants Lawrence Wecker; Joseph Datello, Anthony Rucereto, and Anthony O'Donnell, 
committed the crime of COMMERCIAL- BRIBING IN TIDE FIRST DEGREE, in violation-of 
Penal Law Section 180.03, as follows:

Said defendants, from in or about August 1999 through in or about December 1999 in New York 
County and elsewhere, conferred, and offered and agreed to confer a benefit upon an employee, 
agent and fiduciary without the .consent of the latter's employee and principal with intent to 
influence his conduct in relation to his employer's and principal's affairs, and the value of 
the benefit conferred and agreed to be conferred exceeded one thousand dollars and caused 
economic harm to the employer and principal in an amount exceeding two hundred and fifty 
dollars.

64

Pattern Act 129

 The defendant Kenneth Gordon committed the crime of COMMERCIAL BRIBE
RECEIVING IN THE FIRST DEGREE, in violation of Penal Law Section 180.08, as follows:

Said defendant, from in or about August 1999 through in or about December 1999 in
New York County and elsewhere, without the consent of his employer and principal solicited,
accepted and agreed to accept any benefit from another person upon an agreement and
understanding that such benefit would influence his conduct in relation to his employer's and I
principal's affairs and the value of the benefit solicited, accepted and agreed to be accepted
exceeded one thousand dollars and caused economic harm to the employer and principal in an
amount exceeding two hundred and fifty dollars.

Pattern Act 130

The defendants Steven L. Crea, Lawrence Wecker, Joseph Datello, Anthony Rucereto,
Anthony O'Donnell, and Kenneth Gordon committed the crime of GRAND LARCENY IN
THE SECOND DEGREE, in violation of Penal Law Section 155.401), as follows:
Said defendants, from in or about August 1999 through in or about December 1999 in
New York County and elsewhere, acting with others known and unknown to the Grand Jury,
stole property having a value in excess of $50,000 from AIG Insurance Co.

Dominic Truscello

Pattern Act 131

The defendant Dominic Truscello, committed the crime of FALSIFYING BUSINESS
RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendant, on or about May 31, 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 Mason Tenders' District Council Trust Funds Employer's Remittance

65

Agreement and Report for a contractor known to the grand jury as John Doe 6 for the period May 4, 
1998 to May 31, 1998.

Pattern Act 132

The defendant Dominic Truscello, committed the crime of FALSIFYING BUSINESS 
RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:
Said defendant, 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 Mason Tenders' District Council Trust Funds Employer's Remittance Agreement and 
Report for a contractor known to the grand jury as John Doe 6 for the period June 1, 1998 
to June 30, 1998.

Pattern Act 133

The defendant Dominic Truscello, committed the crime of FALSIFYING BUSINESS 
RECORDS IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendant, on or about July 5, 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 Mason Tenders' District Council Trust Funds Employer's Remittance Agreement and Report 
for a contractor known to the grand jury as John Doe 6 for the week ending July 5, 1998.

Pattern Act 134

The defendant Dominic Truscello, committed the crime of FALSIFYING BUSINESS RECORDS 
IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendant, on or about August 12, 1998, in New York County and elsewhere, with intent to 
defraud, including the intent to commit another crime and aid and conceal the

66

commission thereof, made and caused to: be made a false entry in the business records of an 
enterprise, to wit a Mason Tenders' District Council Trust Funds Employer's Remittance Agreement 
and Report for a contractor known to the grand jury as John Doe 6 for the period July 6, 1998 to 
August 2, 1998.

North Berry

Pattern Act 135 

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 September 19, 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 wait a 
Cement and Concrete Workers District Council Fringe Benefit Funds Employer's Remittance 
Agreement and Report for North Berry Corp. for the week ending July 29, 1997.

Pattern Act 136

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 October 10, 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 August 19, 1997.

67

Pattern Act 137

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 October 27, 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 August 2.6, 1997.

Pattern Act 138

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 
175A0,as follows:

Said defendants, on or about October 28, 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 2, 1997. 	

Pattern Act 139

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:

68

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

Employer's Remittance Agreement and Report for North Berry Corp. for the, week ending 
January 6, 1998.

Pattern Act 142

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 October 27, 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 October 6, 1998.

Pattern Act 143

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 17, 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 November 10,1998.

70

Pattern Act 144

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 20, 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 October 20, 1998.

Pattern Act 145

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 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 ,Employer's Remittance Agreement and 
Report for North Berry Corp. for the week ending November 24, 1998.

Pattern Act 146

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:

71

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 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 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

Employer's Remittance Agreement and Report for North Berry Corp. for the week ending December 
14, 1999.

Pattern Act 149

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 January 7, 2000, 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 28, 1999.

Pattern Act 150

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 February 10, 2000, 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 January 11, 2000.

73

Terra Firma.

Pattern Act 151

The defendants Arthur Zambardi, Giuseppe Palmeri, Andrew Reynolds, Finbar O'Neill, and Terra Firma 
Construction Management & General Contracting LLC. committed the crime of GRAND LARCENY
 IN THE THIRD DEGREE, in violation of Penal Law Section 155.30, as follows:

Said defendants, from on or about October 13, 1998 to on or about February 11, 1999, 1998, in 
Queens County and elsewhere, stole property having a value in excess of $3,000 from Commercial 
Brick Inc.

Pattern Act 152

The defendants Arthur Zambardi, Giuseppe Palmeri, Andrew Reynolds, Finbar O'Neill and Terra Firma 
Construction Management & General Contracting LLC. committed the crime of COERCION IN THE FIRST 
DEGREE, in violation of Penal Law Section 135.651), as follows:

Said defendants, from on or about December 4, 1998 to on or about December 22, 1998, in Queens 
County and elsewhere, compelled and induced Commercial Brick Inc. to engage in conduct which the 
latter had a legal right to abstain from engaging in and to abstain from engaging in conduct in 
which it had a legal right to engage by means of instilling in it the fear that if the demand was 
The defendants Arthur Zambardi, Andrew Reynolds, Finbar O'Neill and Terra Firma Construction 
Management & General Contracting LLC., committed the crime of FALSIFYING BUSINESS RECORDS 
IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

74

Said defendants, on or about November 23, 1998, in Bronx County and elsewhere, with intent to 
defraud, including the intent to commit another crime and to aid and conceal the commission thereof, 
made and caused to be made a false entry in the business records of an enterprise, to wit the 
accounts payable journal for Terra Firma Construction Management & ,General Contracting LLC..

Project 6

Pattern Act 154

The defendant Arthur Zambardi, committed the crime of BRIBING A LABOR OFFICIAL, in violation of 
Penal Law Section 180.15, as follows:

Said defendant; from on or about November 24, 1998 to on or about December 1, 1998, in Queens 
County and elsewhere, with intent to influence a labor official with respect to his acts, 
decisions and duties as a labor official, conferred, offered, and agreed to confer a benefit, 
to wit, a sum of United States currency, upon such labor official in connection with a construction 
project known to the Grand Jury as Project 6.

Project 7

Pattern Act 155

The defendants Arthur Zambardi, Philip DeSimone, and Andrew Reynolds committed the crime of 
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in Violation of General 
Business Law Sections 340 and 341, as follows:

Said defendants, from in or about September 1998 through on or about November 1998 in Queens 
County, and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and 
intentionally engaged in a contract, agreement, arrangement and combination in. unreasonable 
restraint of, trade and competition, to wit, to restrain competition in the construction 
industry throughout the City and State of New York by means of price fixing, bid

75

rigging and other anticompetitive arrangements relating to a construction project known to the 
grand jury as Project 7.

Project 8

Pattern Act 156

The defendants Andrew Reynolds, Giuseppe Palmeri, Alessandro Palmeri, Dominick Detore and 
Cleveland Construction Co. committed the crime of COMBINATION IN RESTRAINT OF TRADE AND 
COMPETITION, in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from in or about November 199.8 through in or about December 1998 in Bronx 
County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and 
intentionally engaged in a contract, agreement, arrangement and combination in unreasonable 
restraint of trade and competition, to wit, to restrain competition in the construction 
industry throughout the City and State of New York by means of price fixing, bid rigging 
and other anticompetitive arrangements relating to a construction project known to the 
grand jury as Project 8.

LVC Window Blinds and Drapery Inc.

Pattern Act 157

The defendant Anthony Rucereto, committed the crime of BRIBING A LABOR OFFICIAL, in violation of 
Penal Law Section `180.15, as follows:

Said defendant, in or about May 1999, in New York County and elsewhere, with intent to influence 
Gerald Woods, 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 respect to his acts, decisions, and duties as a labor official, conferred, offered, 
and agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

76

Pattern Act 158

The defendant Gerald Woods, committed 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 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 May 1999, 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.

COUNT 2

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Steven L. Crea, Dominic Truscello, Joseph Tangorra, Joseph Datello, Philip DeSimone, Anthony 
Pezzullo, Joseph Truncale, Arthur Zambardi, Saul Heifetz, Lawrence Wecker, Kenneth Gordon, 
Joseph Martinelli, Nicholas Russo, Steven Chait Osserman, Joseph Pezzullo, Andrew Reynolds, 
Alessandro Palmeri, Giuseppe Palmeri, Mikolaj Poniatowski, James Bonagura, Adam Gallini, 
Kevin Barber, Brian Thompson, Dominick Detore, Anthony Frantellizzi, Dominick Frantellizzi, 
Anthony Rucereto, Anthony O'Donnell, Gerald Woods, Michael Forde, Martin Devereaux, Santo 
Lanzafame, Jeremiah Sullivan, Sr., John Cucchiarella, ;Anthony Barbagallo, Henri LaBarbera, 
Thomas Zmich, Finbar O'Neill, Grand Train Corp., DIBA Corp., Mietek Mason Contractors Inc., 
Lisa Construction Corp., Commercial Brick Inc., Marmer Brothers Construction LLC., New York 
Blacktop Corp., Cleveland Construction Co., North Berry Corp., Terra Firma Construction 
Management & General Contracting LLC. and Kent Building Systems, Inc., of committing 
the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in 
violation of General Business Law Sections 340 and 341, as follows:

77

Said defendants, from in or about January 1997 through on or about the date of this indictment, 
in New York County and elsewhere, acting with others known and unknown to the Grand Jury, 
knowingly and intentionally entered into a contract, agreement, arrangement and combination 
in unreasonable restraint of trade and competition, to wit, to restrain competition in the 
construction industry throughout the City and State of New York by means of price fixing, 
bid rigging, and other anticompetitive arrangements.

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.

Project 1

COUNT 3

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Steven L. Crea, 
Joseph Datello, Saul Heifetz, Lawrence Wecker and Lisa Construction Corp., of committing 
the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in 
violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from in or about January 1997 through in or about January 1998, in New 
York County and elsewhere, acting with others known and unknown to the Grand Jury, 
knowingly and intentionally engaged in -a contract, agreement, arrangement and combination 
in unreasonable restraint of trade and competition; to wit, to restrain competition in the 
construction industry throughout the City and State of New York by means of price fixing, 
bid rigging and other anticompetitive arrangements relating to a project known to the 
Grand Jury as Project 1.

78

COUNT 4

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Steven L. Crea; Joseph Datello, Saul Heifetz, and Lawrence Wecker, of committing the crime of 
COERCION IN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as follows:

Said defendants, from on or about November 5, 1997 to on or about December 18, 1997,
in New York County and elsewhere, compelled and induced a person known to the grand jury
as John Doe 1 to engage in conduct which the latter had a legal right to abstain from engaging
in and to abstain from engaging in conduct in which he had a legal right to engage by means of
instilling in him the fear that if the demand was not complied with, the actor or another would
cause physical injury to a person and cause damage to property.

COUNT 5

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Steven L. Crea; Joseph Datello, Saul Heifetz, and Lawrence Wecker, of committing the crime of 
COERCION TN THE FIRST DEGREE, in violation of Penal Law Section 135.651), as follows:

Said defendants, from on or about November 5, 1997 to on or about December 18, 1997,
in New York County and elsewhere, compelled and induced a person known to the grand jury
as John Doe 2 to engage in conduct which the latter had a legal right to abstain from engaging
in and to abstain from engaging in conduct in which he had a legal right to engage by means of
instilling in him the fear that if the demand was not complied with, the actor or another would
cause physical injury to a person and cause damage to property.

COUNT 6

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Joseph Datello, Saul Heifetz, Lawrence Wecker and Lisa Construction Corp., of committing the

79

crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 180.15, as follows:
Said defendants, on or about December 18, 1997, in New York County and elsewhere, with intent to 
influence a labor. official with respect to his acts,, decisions and duties as a labor official, 
conferred, offered, and agreed to confer a benefit, to wit, a sum of United States currency, 
upon such labor official.

Canron Construction

COUNT 7

AND THE GRAND ;JURY AFORESAID, by this indictment, accuses the defendants James Bonagura, 
Steven L. Crea, Arthur Zambardi, Saul Heifetz, DIBA Corp. and Grand Train Corp., of 
committing the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, 
in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from on or about August 13, 1998 to on or about January 12, 1999, in New 
York County arid elsewhere, acting with others known and unknown to the Grand Jury, knowingly 
and intentionally engaged in a contract, agreement, arrangement and combination in unreasonable 
restraint of trade and competition, to wit, to restrain competition in the construction 
industry throughout the City and State of New York by means of price fixing, bid rigging and 
other anticompetitive arrangements relating to a subcontract for concrete and masonry work at 
the 59th Street Bridge.

COUNT 8

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants James Bonagura, 
Steven L. Crea, Arthur Zambardi, Saul Heifetz, DIBA Corp. and Grand Train Corp., of 
committing the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, 
in violation of General Business Law Sections 340 and 341, as follows:

80

Said defendants, from on or about September 1, 1998 to on or about June 30, 1999, in
New York County and elsewhere, acting with others known and unknown to the Grand Jury,
knowingly and intentionally engaged in a contract, agreement, arrangement and combination in
unreasonable restraint of trade and competition, to wit, to restrain competition in the
construction industry throughout the City and State of New York by means of price fixing, bid
trigging and other anticompetitive arrangements relating to a concrete and masonry subcontract
at the New York City School Construction Authority Project at IS 254 Bronx.

		COUNT 9

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
James Bonagura, Alessandro Palmeri, Giuseppe Palmeri, Arthur Zambardi, Joseph Tangorra, Steven L. 
Crea, Andrew Reynolds, Adam Gallini, Brian Thompson, Dominick Detore, New York Blacktop Corp., 
Marmer Brothers Construction LLC., and Cleveland Construction Co., of committing the crime of 
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation 
of General Business Law Sections 340 and 341, as follows:

Said defendants, from on or about November 18, 1998 to on or about December 1, 1998,
in New York County and elsewhere, acting with others known and unknown to the Grand Jury, 
knowingly and intentionally engaged in a contract, agreement, arrangement and combination in 
unreasonable restraint of trade and competition, to wit, to restrain competition in the 
construction industry throughout the City and State of New York by means of price fixing, bid ,
rigging and other anticompetitive arrangements relating to an excavation subcontract at the 
New York City School Construction Authority Project at IS 254 Bronx.

81

COUNT 10

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Alessandro Palmeri, 
Giuseppe Palmeri, Arthur Zambardi, Joseph Tangorra, Andrew Reynolds and Adam Gallini, of 
committing the crime of COMMERCIAL BRIBING IN THE FIRST DEGREE, in Violation of Penal Law 
Section 180.03, as follows:

Said defendants, from on or about November 18, 1998 to on or about November 23, 1998, in New 
York County, and elsewhere, conferred, and offered and agreed to confer a benefit upon an 
employee, agent and fiduciary without the consent of the latter's employee and principal with 
intent to influence his conduct in relation to his employer's and principal's affairs, and the 
value of the benefit conferred and agreed to be conferred exceeded one thousand dollars and 
caused economic harm to the employer and principal in an amount exceeding two hundred and fifty dollars.

COUNT 11

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant James 
Bonagura of committing the crime of COMMERCIAL BRIBE RECEIVING IN THE FIRST 
DEGREE, in violation of Penal Law Section 180.08, as follows:

Said defendant, from on or about November 18, 1998 to on or about November 23, 1998, in New 
York County and elsewhere, without the consent of his employer and principal solicited, accepted 
and agreed to accept any benefit from another person upon an agreement and understanding that 
such benefit would influence his conduct in relation to his employer's and principal's affairs and 
the value of the benefit solicited, accepted and agreed to be accepted exceeded one thousand 
dollars and caused economic harm to the employer and principal in an amount exceeding two 
hundred and fifty dollars.

82

COUNT 12

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants James 
Bonagura, Arthur Zambardi, Joseph Tangorra, Steven L. Crea, Andrew Reynolds, Brian 
Thompson and New York Blacktop Corp., of committing the crime of COMBINATION 
IN RESTRAINT OF TRADE AND COMPETITION, in violation of General Business 
Law Sections 340 and 341; as follows:

Said defendants, on or about April 6, 1999, in New York County and elsewhere, acting with others 
known and unknown to the Grand Jury, knowingly and intentionally engaged in a contract, agreement, 
arrangement and combination in unreasonable restraint of trade and competition, to wit, to restrain 
competition in the construction industry throughout the City and State of New York by means of price 
fixing, bid rigging and other anticompetitive arrangements relating to a blacktop subcontract at the 
New York City School Construction Authority Project at IS 254 Bronx.

COUNT 13

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants James 
Bonagura, Joseph Datello, and Arthur Zambardi, of committing the crime of COMBINATION 
IN RESTRAINT OF TRADE AND COMPETITION, in violation of General Business 
Law Sections 340 and 341, as follows:

Said defendants, on or about January 27, 1999, in New York County and elsewhere, acting with others ,
known and unknown to the Grand Jury, knowingly and intentionally engaged in a contract, agreement, 
arrangement and combination in unreasonable restraint of trade and competition, to, wit, to restrain 
competition in the construction industry throughout the City and State of New York by means of price 
fixing, bid rigging and other anticompetitive arrangements relating to a roofing subcontract at the 
New York City School Construction Authority Project at IS 254 Bronx.

83

COUNT 14

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
James Bonagura, Arthur Zambardi and Philip DeSimone, of committing the crime of 
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION; in violation 
of General Business Law Sections 3.40 and 341, as follows:

Said defendants, on or about March 4, 1999, in New York County and elsewhere, acting
with others known and unknown to the Grand Jury, knowingly and intentionally engaged in a
contract, agreement, arrangement and combination in unreasonable restraint of trade and
competition,, to wit, to restrain competition in the construction industry throughout the City and
State of New York by means of price fixing, bid rigging and other anticompetitive arrangements
relating to a subcontract to be awarded to Barbuto Roofing Corp.

COUNT 15

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
James Bonagura, Arthur Zambardi, Andrew Reynolds, Brian Thompson and New York
Blacktop Corp., of committing the crime of COMBINATION IN RESTRAINT OF TRADE
AND COMPETITION, in violation of General Business Law Sections 340 and 341, as follows:

Said defendants; from on or about November 1, 1998 to on or about March 31, 1999, in
New York County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and 
intentionally engaged in a contract, agreement, arrangement and combination in unreasonable restraint of 
trade and competition, to wit, to restrain competition in the construction industry throughout the City 
and State of New York by means of price fixing, bid rigging and other anticompetitive arrangements 
relating to a subcontract to be awarded to New York Blacktop Corp. at the Triboro Bridge.

84

COUNT 16

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Saul Heifetz and Arthur Zambardi, of committing the crime of COMMERCIAL BRIBING IN 
THE FIRST DEGREE, in violation of Penal Law Section 180.03, as follows:

Said defendants, from on or about January 7, 1999 to on or about May 14, 1999, in New
York County and elsewhere, conferred, and offered and agreed to confer a benefit upon an ,employee, agent 
and fiduciary without the consent of the latter's employee and principal with intent to influence his 
conduct in relation to his employer's and principal's affairs, and the value of the benefit conferred 
and agreed to be conferred exceeded one thousand dollars and caused economic harm to the employer and 
principal in an amount exceeding two hundred and fifty dollars.

COUNT 17

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant
James Bonagura, of committing the crime of COMMERCIAL BRIBE RECEIVING IN THE 
FIRST DEGREE, in violation of Penal Law Section 180.08, as follows:

Said defendant, from on or about January 7, 1999 to on or about May 14, 1999, in New
York County and elsewhere, without the consent of his employer and principal solicited, ,accepted and 
agreed to accept any benefit from another person upon an agreement and understanding that such benefit 
would influence his conduct in relation to his employer's and principal's ,affairs and the value, of the 
benefit solicited, accepted and agreed to be accepted exceeded one thousand dollars and caused economic 
harm to the employer and principal in an amount exceeding two hundred and fifty dollars.

85

Commercial Brick

COUNT 18

AND THE GRAND JURY AFORESAID; by this indictment, accuses the defendants Anthony 
Pezzullo, Anthony Frantellizzi; Dominick Frantellizzi and Commercial Brick Inc., of committing 
the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, 
in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, on or about July 29, 1998,. in New York County and elsewhere, acting with others 
known and unknown to. the Grand Jury, knowingly and intentionally engaged in a contract, agreement, 
arrangement and combination in unreasonable restraint of trade and competition, to wit, to restrain 
competition in the construction industry throughout the City and State of New York by means of price 
fixing, bid rigging and other anticompetitive arrangements relating to a construction project known 
to the Grand Jury as Project 2.

COUNT 19

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Anthony 
Pezzullo, Arthur Zambardi, Andrew Reynolds, Joseph Tangorra, Philip DeSimone, Steven L. Crea, 
Joseph, Datello; Giuseppe Palmeri, Anthony Frantellizzi, Dominick Frantellizzi and Commercial 
Brick Inc., of committing the crime of COMBINATION IN RESTRAINT OF TRADE AND 
COMPETITION, in violation of General Business Law Sections 340 and 341; as follows:

Said defendants; from on or about March 1, 1998 to on or about January 1, 1999, in New York County and 
elsewhere, acting with others known and unknown to the Grand Jury, knowingly and intentionally engaged 
in a contract, agreement, arrangement and combination in unreasonable restraint of trade and competition, 
to wit, to restrain competition in the construction industry throughout the City and State of New York 
by means of price fixing, bid

86

rigging and other anticompetitive arrangements relating to a construction project at 354 Broadway.

COUNT 20

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Anthony Pezzullo, Arthur Zambardi, Andrew Reynolds, Joseph Tangorra, Philip DeSimone,
Steven L. Crea, Joseph Datello, Anthony Frantellizzi, Dominick Frantellizzi and Commercial
Brick Inc., of committing the crime of COERCION IN THE FIRST DEGREE, in violation of
Penal Law Section 135.651), as, follows:

	Said defendants, from on or about April 7, 1998, to on or about January 1, 1999, in New
York County and elsewhere, compelled and induced a person known to the grand jury as John
Doe 4 to engage in conduct which the latter had a legal right to abstain from engaging in and to
abstain from engaging in conduct in which he had a legal right to engage by means of instilling
in him the fear that if the demand was not complied with, the actor or another would cause
physical injury to a person and cause damage to property.

Projects Involving John Doe 5

COUNT 21

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Arthur Zambardi, Anthony Barbagallo and John Cucchiarella, of committing the crime of
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of General
Business Law Sections 340 and 341, as follows:

Said defendants, from on or about. January 1, 1996 to on or about April 29, 1998, in
New York County and elsewhere, acting with others known, and unknown to the Grand Jury,
knowingly and intentionally engaged in a contract, agreement, arrangement and combination in
unreasonable restraint of trade and competition, to wit, to restrain competition in the
construction industry throughout the City and State of New York by means of price fixing, bid

87

rigging and other anticompetitive arrangements relating to a construction project known to the 
Grand Jury as Project 4.

COUNT 22

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants Arthur Zambardi, 
Anthony Barbagallo and John Cucchiarella, of committing the crime of COMBINATION IN 
RESTRAINT OF TRADE AND COMPETITION, in violation of General Business Law 
Sections 340 and 341, as follows:

Said defendants, from on or about January 1, 1998 to on or about November 11, 1998, in New York 
County and elsewhere, acting with others known and unknown to the Grand Jury, knowingly and intentionally 
engaged in a contract, agreement, arrangement and combination in unreasonable restraint of trade and 
competition, to wit, to restrain competition in the construction, industry throughout the City and 
State of New York by means of price fixing, bid rigging and, other anticompetitive arrangements relating to 
a construction project known to the Grand Jury as Project 5.

COUNT 23

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Arthur Zambardi, 
of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 
180.15, as follows:

Said defendant; on or about April 30, 1999, in New York County and elsewhere, with intent to influence 
Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union Business Agent, 
in respect to his acts°, decisions, and duties as a labor official, conferred, offered, and agreed; to 
confer a benefit, to wit, a sum of United States currency, upon such labor official.

88

COUNT 24

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Anthony 
Barbagallo, 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 a Local 1 Builders and Allied Craftsmen Union Business Agent, 
on or about April 30, 1999, in New York County and elsewhere, solicited, accepted, and agreed to accept a 
benefit from Arthur Zambardi, 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.

COUNT 25

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Arthur Zambardi, 
of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Penal Law Section 
180.15, as follows:

Said defendant, on or about May 7, 1999, in New York County and elsewhere, with intent to influence 
Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union Business 
Agent, in respect to his acts, decisions, and duties as a labor official, conferred, offered, and 
agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

COUNT 26

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Anthony 
Barbagallo, 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 a Local 1 Builders and Allied Craftsmen Union Business Agent, 
on or about May 7, 1999, in New York County and elsewhere, solicited, accepted, and agreed to accept a 
benefit from Arthur Zambardi, and others known to the grand

89

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.

COUNT 27

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Arthur 
Zambardi, of committing the crime of BRIBING A. LABOR OFFICIAL, in violation of Penal 
Law Section 180:15, as follows:

Said defendant, on or about May 1 4, 1999, in New York County and elsewhere, with intent to influence 
Anthony Barbagallo, a labor official, to wit a Local I Builders and Allied Craftsmen Union Business Agent, 
in respect to his acts, decisions; and duties as a labor official, conferred, offered, and agreed, to 
confer a benefit, to wit, a sum of United States currency, upon such labor official.

COUNT 28

AND THE GRAND JURY AFORESAID, by this indictment; accuses the defendant Anthony 
Barbagallo, 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 a Local 1 Builders and Allied Craftsmen Union Business Agent, 
on or about May 14, 1999, in New York County and elsewhere, solicited, accepted, and agreed to accept a 
benefit from Arthur Zambardi, 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.

COUNT 29

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Arthur 
Zambardi, of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Penal 
Law Section 180.1:5, as follows:

90

Said defendant, on or about May 21, 1999; in New York County and elsewhere, with intent to influence 
Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union Business 
Agent, in respect to his acts, decisions, and duties as a labor official; conferred, offered, and 
agreed, to confer a benefit, to wit, a sum of United States currency, upon such labor official.

COUNT 30

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Anthony 
Barbagallo, 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 a Local 1 Builders and Allied Craftsmen Union Business Agent, 
on or about May 21, 1999, in New York County and elsewhere, solicited, l accepted, and agreed to accept 
a benefit from Arthur Zambardi, 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.

COUNT 31

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Arthur 
Zambardi, of committing the crime of BRIBING A LABOR OFFICIAL, in violation of Penal 
Law Section 180.15, as follows:

Said defendant, on or, about May 28, 1999, in- New York County and elsewhere, with intent to influence 
Anthony Barbagallo, a labor official, to wit a Local 1 Builders and Allied Craftsmen Union Business Agent, 
in respect to his acts, decisions, and duties as a labor official, conferred;. offered, and agreed, to 
confer a benefit, to wit, a sum of United States currency, upon such labor official.

91

COUNT 32

AND THE GRAND JURY AFORESAID; by this indictment, accuses the defendant Anthony 
Barbagallo, 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 a Local 1 Builders and Allied Craftsmen Union Business Agent, 
on or about May 28, 1999, in New York County and elsewhere, solicited, accepted, and agreed to. accept 
a benefit from Arthur Zambardi, 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.

The Park Central Hotel Project

COUNT 33

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Steven L. Crea; Dominic Truscello, Joseph Datello, Anthony Rucereto, Anthony O'Donnell,
Michael Forde, Martin Devereaux and Gerald Woods of committing the crime of
COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of General
Business Sections 340 and 341, as follows:

Said defendants, from in or about January 1998 through in or about April 1999 in New York County and 
elsewhere, acting with others known and unknown to the Grand Jury, knowingly and intentionally engaged 
in a contract, agreement, arrangement and combination in unreasonable restraint of trade and competition, 
to wit, to retrain competition in the construction industry throughout the City and State of New York by 
means of price fixing, bid rigging and other anticompetitive arrangements relating to a renovation project 
at the Park Central Hotel.

92

COUNT 34

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant
Anthony Rucereto, of committing the crime of BRIBING A LABOR OFFICIAL, in violation 
of Penal Law Section 180.15, as follows:

Said defendant, on or about April 30, 1998, in New York County and elsewhere, with
intent to influence Michael Forde, a labor official, to wit the President of Local 608 of the Carpenters 
and Joiners International Union, in respect to his acts, decisions, and duties as a Labor official, 
conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency,
 upon such labor official.

COUNT 35

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant
Anthony Rucereto, of committing the crime of BRIBING A LABOR OFFICIAL, in violation 
of Penal Law Section 180.15, as follows:

Said defendant, on or about April 30,1998, in New York County and elsewhere, with
intent to influence Martin Devereaux, a labor official, to wit a Business Agent for Local 608 of the 
Carpenters and Joiners International Union, in respect to his acts, decisions, and duties as a labor, 
official, conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States ,currency, 
upon such labor official.

COUNT 36

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant
Anthony Rucereto; of committing the crime of BRIBING A LABOR OFFICIAL, in violation 
of Penal Law Section 180.15, as follows:

Said defendants, in or about April 1999 in New York County and elsewhere, with intent
to influence. Gerald Woods, a labor official, to wit the Executive Secretary-Treasurer/Business
Manager for the Northern New Jersey Regional Council of Carpenters United Brotherhood of

93

Carpenters and Joiners of America, in respect to his acts, decisions, and duties as a labor official, conferred, 
offered, and agreed, to confer a ,benefit, to wit, a sum of United States currency, upon 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 37

AND THE GRAND JURY AFORESAID, by this indictment, accuses- the defendant Michael Forde, 
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 President of Local 608 of the Carpenters and Joiners 
International Union, on or about April 30, 1-998, 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.

COUNT 38

AND THE GRAND JURY AFORESAID, by this indictment, .accuses the defendant Martin 
Devereaux, 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 a Business Agent for Local 608 of the Carpenters and Joiners 
International Union, on or about April 30, 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.

94

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

COUNT 41

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 Pen 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 Shop Steward Report 
for Local 608 of the United Brotherhood of Carpenters and Joiners of America for the week 
ending May 29, 1998.

COUNT 42

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 June 5, 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 June 5, 1998.

COUNT 43

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:

96

Said defendants, on or about June 12 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 June 12, 1998.

		COUNT 44

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 June 19, 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 June 19, 1998.

COUNT 45

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants
Joseph Datello, Anthony Rucereto, Anthony O'Donnell, Michael Forde, Martin Devereaux and 
Gerald Woodsy of committing the crime of FALSIFYING BUSINESS RECORDS IN THE 
FIRST DEGREE, irk violation of Penal Law Section 175.10, as follows:.

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.

97

COUNT 46

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 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.

COUNT 47

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 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.

The Doral Arrowwood Project

		COUNT 48

AND THE .GRAND JURY AFORESAID, by this indictment, accuses the defendants
Steven L. Crea, Lawrence Wecker, Joseph Datello, Anthony Rucereto, Anthony O'Donnell and

98

Kenneth Gordon of committing the crime of COMBINATION IN RESTRAINT OF TRADE AND 
COMPETITION, in violation of General Business Law Sections 340 and 341, as follows:

Said defendants, from in or about August 1999 through in or about December 1999, in 
New York County and elsewhere, acting with others known and unknown to the Grand Jury, 
knowingly and intentionally engaged in a contract, agreement, arrangement and combination in 
unreasonable restraint of trade and competition, to wit, to restrain competition in the 
construction industry throughout the City and State of New York by 
means of price fixing, bid rigging and other anticompetitive arrangements relating to the award of a 
construction project at ,the Doral Arrowwood Conference Center.

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 49

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants 
Lawrence Wecker, Joseph Datello, Anthony Rucereto, and Anthony O'Donnell, of committing 
the crime of COMMERCIAL BRIBING IN THE FIRST DEGREE, in violation of Penal 
Law Section 180.03, as follows:

Said defendants, from in or about August 1999 through in or about December 1999 in New 
York County and elsewhere, conferred; and offered and agreed to confer a benefit upon an 
employee, agent and fiduciary without the consent of the latter's employee and principal with 
intent to influence his conduct in relation to his employer's and principal's affairs, and the 
value Of the benefit conferred and agreed to be conferred exceeded one thousand dollars 
and caused economic harm to the employer and principal in an amount exceeding two 
hundred and fifty dollars.

99

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 50

AND THE GRAND. JURY AFORESAID, by this indictment, accuses the defendant 
Kenneth Gordon, of committing the crime of COMMERCIAL BRIBE RECEIVING IN 
THE FIRST DEGREE, in violation of Penal Law Section 180.08, as follows:

Said defendant, from in or about August 1999 through in. or about December 1999 in 
New York County and elsewhere, without the consent of his employer and principal 
solicited, accepted and agreed . to accept any benefit from another person upon an 
agreement and understanding that such benefit would influence his conduct in 
relation to his employer's and principal's affairs and the value of the benefit solicited, 
accepted and agreed to be accepted exceeded one thousand dollars and caused 
economic harm to the employer and principal in an amount exceeding two 
hundred and fifty dollars.

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 51

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendants 
Steven L. Crea, Lawrence Wecker, Joseph Datello, Anthony Rucereto, Anthony 
O'Donnell and Kenneth Gordon of committing the crime of GRAND 
LARCENY IN THE SECOND DEGREE, in violation of Penal Law Section 
(155.401); as follows:

Said defendants, from in or about August 1999 through in or about December 
1999 in New York County and elsewhere, acting with others known and unknown 
to the Grand Jury, stole property having a value in excess of $50,000 from AIG Insurance Co.

100

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.

Dominic Truscello

COUNT 52

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Dominic 
Truscello, of committing the crime of FALSIFYING BUSINESS RECORDS IN THE 
FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendant; on or about May 31, 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 Mason Tenders' District Council Trust Funds Employer's Remittance Agreement 
and Report for a contractor known to the grand jury as John Doe 6 for the 
period ,May 4, 1998 to May 31, 1998.

COUNT 53

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Dominic 
Truscello, of committing the crime of FALSIFYING BUSINESS RECORDS IN THE 
FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendant, 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 Mason Tenders' District Council Trust Funds 
Employer's Remittance Agreement and Report for a contractor known to the 
grand jury as John Doe 6 for the period June 1, 1998 to June 30, 1998.

101

COUNT 54

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant Dominic 
Truscello of committing the crime of FALSIFYING BUSINESS RECORDS IN THE 
FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendant, on or about July 5, 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 Mason Tenders' District Council Trust Funds 
Employer's Remittance Agreement and Report for a contractor known to the grand 
jury as John Doe 6 for the week ending July 5; 1998.

COUNT 55

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant 
Dominic Truscello, of ,committing the crime of FALSIFYING BUSINESS RECORDS 
IN THE FIRST DEGREE, in violation of Penal Law Section 175.10, as follows:

Said defendant, on or about August 12, 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 Mason Tenders' District Council Trust Funds Employer's 
Remittance Agreement and Report for a contractor known to the grand jury as 
John Doe 6 for the period July 6, 1998 to August 2, 1998.

LVC Window Blinds and Drapery Inc.

COUNT 56

AND THE GRAND JURY AFORESAID, by this indictment, accuses the defendant 
Anthony Rucereto, of committing the crime of BRIBING A LABOR OFFICIAL,
 in violation of Penal Law Section 180.15, as follows:

102

Said defendant, in or about May 1999, in New York County and elsewhere, with intent
to influence Gerald Woods, 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 respect to his acts, decisions, and duties as a labor official, 
conferred, offered, and agreed, to confer a benefit, to wit, a sum of United States currency, upon 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 57

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 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 May 1999, 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.

ROBERT M. MORGENTHAU
DISTRICT ATTORNEY

	THE PEOPLE OF THE STATE OF NEW YORK,
	-against-
Steven L. Crea, Dominic Truscello, Joseph Tangorra,
Joseph Datello, Phillip DeSimone, Anthony Pezzullo,
Joseph Truncale, Arthur Zambardi, Saul Heifetz,
Lawrence Wecker, Kenneth Gordon, Joseph Martinelli,
Nicholas Russo, Steven Chait Osserman, Josh Pezzullo,
Andrew Reynolds, Alessandro Palmeri, Mikolaj Poniatowski,
James Bonagura, Adam Gallini, Kevin Barber, Brian The,
Dominick Detore, Anthony Frantellizzi, Dominick Frantellizzi,
Anthony Rucereto, Anthony O'Donnell, Gerald Woods,
Michael Forde, Martin Devereaux, Santo Lanzafame,
Jeremiah Sullivan, Sr., John Cucchiarella, Anthony Barbagallo,
Henri LaBarbera, Thomas Zmich, Finbar O'Neill, Grand Train Corp.,
DIBA Corp., Mietek Mason Contractors Inc., Lisa Construction Corp.,
Commercial Brick Inc., Marmer Brothers Construction LLC.,
New York Blacktop Corp., Cleveland Construction Co.,
North Berry Corp., Terra Firma Construction Management &
General Contracting LLC., and Kent Building Systems, Inc.,
	Defendants.
			INDICTMENT 

ENTERPRISE CORRUPTION, P.L. (§460.201)a): 1 count each defendant
COMBINATION IN RESTRAINT OF TRADE, G.B.L. §340 and 341: Zambardi 11 cts; Crea 9 cts; 
Bonagura 8 cts; 
Datello 6 cts; Reynolds 5 cts; Heifetz, Tangorra, Thompson and New York Blacktop Corp. 4 cts; 
Wecker, DIBA Corp., Grand Train Corp., Barbagallo, Cucchiarella, A. Pezzullo, D. Frantellizzi, 
A. Frantellizzi, Commercial Brick Inc., DeSimone, G. Palmeri, Rucereto, and O'Donnell 3 cts., 
Lisa Construction, A. Palmeri, Gallini, Detore, Marmer Brothers Construction LLC., 
Cleveland Construction Co., Truscello, Forde, Devereaux, Woods, Gordon 2 cts; Truncale, 
Martinelli, Russo, Osserman, J. Pezzullo, Poniatowski, Barber, Lanzafame, Sullivan, LaBarbera, Zmich, 
O'Neill 1 ct.
COERCION IN THE 1st DEGREE, P.L. §135.651): Crea and Datello 3 cts; Heifetz and Wecker 2 cts; 
A. Pezzullo, Zambardi, Reynolds, Tangorra, DeSimone, A. Frantellizzi, D. Frantellizzi and Commercial Brick Inc. 1-ct.
GRAND LARCENY IN THE 2nd DEGREE, P.L. 155.401): Crea, Wecker, Datello, O'Donnell, 
Rucereto and Gordon.
FALSIFYING BUSINESS RECORDS IN THE 1st DEGREE, P.L. §175.10: Datello, Rucereto, O'Donnell, 
Forde, Devereaux, Woods 8 cts; Truscello 4 cts.
COMMERCIAL BRIBING IN THE 1st DEGREE, P.L. §180.03: Zambardi 2 cts; Heifetz, A. Palmeri, 
G. Palmeri, Tangorra, Reynolds, Gallini, Wecker, Datello, Rucereto, O'Donnell I ct.
COMMERCIAL BRIBE RECEIVING IN THE lst DEGREE, P.L. §180.08: Bonagura 2 cts, Gordon 1 ct.
BRIBING A LABOR OFFICIAL, P.L. §180.15: Zambardi 5 cts; Rucereto 4 cts; Datello, Heifetz, 
Wecker, Lisa Construction Corp. 1 ct.
BRIBE RECEIVING BY A LABOR OFFICIAL, P.L. §180.25: Barbagallo 5 cts; Woods 2 cts; Forde, 
Devereaux 1 ct.

	ROBERT M. MORGENTHAU, District Attorney
ADA MICHAEL A. SCOTTO
ADA WILLIAM E. SCHAEFFER 	A True Bill

LABOR RACKETEERING UNIT	Foreman

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