Virginia Man Sentenced to 66 Months in Prison for Stealing From Elderly Incapacitated Victims

PHILADELPHIA - United States Attorney Jacqueline C. Romero announced that Carlton Rembert, 70, of Hampton, Virginia, was sentenced on October 11, 2024, by United States District Judge Joel H. Slomsky to 66 months' imprisonment, five years of supervised release, $534,335 in restitution to the victims, and a $400 special assessment for his role in a scheme to defraud elderly incapacitated people of over $1 million.

Rembert's late co-conspirator and sister, Gloria Byars, was a court-appointed guardian for over 100 incapacitated wards in Pennsylvania. Between 2012 and 2018, Byars, Rembert, and other co-conspirators stole the life savings from dozens of wards while Byars served as their court-appointed guardian. Byars pleaded guilty to conspiracy, wire fraud, money laundering, and tax fraud for her role in the fraud scheme. Rembert proceeded to trial in November 2023 and after a four-day trial, a jury found Rembert guilty of conspiracy, bank fraud, and wire fraud.

As guardian, Byars had unfettered access to wards' property including bank accounts, pensions, real estate, retirement accounts, and other assets. Byars stole money from the wards' bank accounts by writing unauthorized checks to companies she controlled, or to shell companies controlled by her co-conspirators, Rembert and Alesha Mitchell. Rembert and Mitchell assisted Byars in the theft by opening bank accounts in their home state of Virginia in the names of shell companies purporting to be medical services companies. Byars made the checks payable to her co-conspirators' fake medical services companies, to make it appear that the elderly incapacitated ward incurred a legitimate medical expense.

After receiving dozens of checks from his sister, Rembert deposited over $695,000 in stolen ward checks into five separate shell business bank accounts he had opened. Rembert then withdrew over $388,000 in cash through 94 structured withdrawals. Rembert also obtained $217,082 in certified checks, sending the certified checks to Byars and keeping a share of the stolen ward money for himself. When confronted by law enforcement, Rembert lied to investigators, pretending that he provided services to the elderly and sick victims. Some of the victims' families testified at Rembert's trial, telling the court that they had never heard of Rembert's sham medical companies, and that neither Rembert nor his companies provided any services for their loved ones.

Rembert and Byars spent the stolen ward money on personal expenses, including vacations, clothing and other retail purchases, restaurants, vehicles, gifts, and parties. In all, Byers, Rembert, and Mitchell stole well over $1 million from at least 120 incapacitated people in the Eastern District of Pennsylvania.

Alesha Mitchell is scheduled to be sentenced on October 24.

"Rembert and his co-conspirators had no qualms about ripping off these incapacitated victims and living it up on their stolen money," said U.S. Attorney Romero. "The greed and callousness here are off the charts. It's vile that criminals target the elderly and infirm specifically to take advantage of their vulnerability. My office and our partners will continue to do all we can to hold these crooks responsible and protect our elders from such greed, fraud, and abuse."

"Elder fraud leaves a damaging impact on victims and our communities, and our office remains steadfast in pursuit of those who exploit this vulnerable population," said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. "We encourage those who believe that they or a loved one are a victim of elder fraud to report it. Reporting elder fraud is not only a step towards justice, but it helps protect others from victimization."

"Carlton Rembert, together with his co-conspirator Gloria Byars, abused the trust of the most vulnerable among us - individuals who have been incapacitated by age, illness, or both. What they did was truly heinous - and truly criminal. I applaud United States Attorney Romero for prosecuting these individuals, in one of the first guardianship fraud cases to be prosecuted. Unfortunately, this type of fraud is increasing, and it is important for law enforcement to send a clear signal that it will not be tolerated," said Delaware County District Attorney Jack Stollsteimer.

"As a law enforcement community, it is our duty to hold individuals accountable who abuse their position of trust and steal from the people that are under their care," said Amy MacNeely, Acting Special Agent in Charge of IRS Criminal Investigation. "We, along with our law enforcement partners and the Department of Justice, will continue to hold accountable those who exploit the most vulnerable among us."

The case was investigated by the FBI, the Delaware County District Attorney's Office Criminal Investigation Division, and IRS Criminal Investigation and is being prosecuted by Assistant United States Attorneys Tiwana Wright and Samuel Dalke.