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The indictment also charged that Mr. Durante and his company had tried to steal $36,000 from the city's Department of Environmental Protection by submitting false asphalt delivery tickets for an emergency paving job on South Street near the seaport development.
The purported scheme first came to light, Mr. Morgenthau said, during a routine audit of asphalt delivery tickets by the Environmental Protection Department, which found that while the Durante company had performed the South Street paving work satisfactorily, it had charged the city for more asphalt than was used.
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