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 f