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March 28, 2018

Office Manager Pleads Guilty to Submitting Forged IRS Levy Release

On January 18, 2018, in the Northern District of New York, Kristina Gross was charged with, and pleaded guilty to, the misuse of the Department of the Treasury name.1

According to the court documents, Gross knowingly used the words "Department of the Treasury" and the name of the Internal Revenue Service (IRS) in connection with, and as a part of, a business activity in a manner conveying the false impression the activity was authorized by the Department of the Treasury and the IRS, when in fact, it was not.2

At all times relevant to the charge, Gross was the office manager for Casale Construction Services, Inc. based in Wyantskill, New York. In February 2017, an IRS revenue officer issued a Notice of Levy against Casale in the amount of $15,608.28 and served the notice on a bank where Casale maintained accounts. Subsequent to the IRS's service of the levy notice, Gross sent an IRS Form 668-D, Release of Levy/Release of Property from Levy, to the bank via e-mail on two occasions. She did so in order to induce the bank to let Casale obtain access to its funds that the bank had frozen as a result of the IRS levy. Gross knew that the document she had sent to the bank was forged, and that it had not been approved, authorized, or issued by the Department of the Treasury or the IRS.3

Gross could face up to one year in prison and a fine of $10,000.4 Her sentencing is set for May 18, 2018.5

    1 N.D.N.Y. Information filed Jan. 18, 2018; N.D.N.Y Plea Agr. filed Jan. 18, 2018.
    2 N.D.N.Y. Information filed Jan. 18, 2018.
    3 N.D.N.Y Plea Agr. filed Jan. 18, 2018.
    4 Id.
    5 N.D.N.Y. Crim. Docket as of Feb. 8, 2018.