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Nevertheless, she wanted to deter other people from thinking they can get away with fraud. 465, 476, 590 N.W.2d 392, 401 (1999). Sharing the load with Duce Staley, he rushed for 586 yards with 4.5 yards per carry average, breaking Keith Byars team record for rushing yards by a rookie. I just want to express my deepest regrets, remorse, Bennett said in court Tuesday. He . We affirm because after failing to answer or appear, Buckhalter was not entitled to notice of the hearing, the unsubstantiated test results are not a meritorious defense, and the child support award is supported by the evidence. The official source for NFL news, video highlights, fantasy football, game-day coverage, schedules, stats, scores and more. Correll Buckhalter (/krl/; born October 6, 1978) is a former American football running back who played for eight seasons in the National Football League (NFL). His mother died when he was young and his brother Chris, who played on the Eagles practice squad in 1996, is serving a 20-year sentence for manslaughter. The 2006 season marked his first action since the 2003 NFC Championship Game. He played his final two seasons in Denver before retiring at the end of the 2010 season. In total, eight players were sentenced to jail time; the others received . Another 12 former players have also pleaded guilty in the case, which first opened in 2019. Buckhalter proposes that the referee should have reduced Buckhalter's income by one-third to one-half to allow for deductions he could have received. Bennett, who played for the Houston Texans, San Diego Chargers, Cincinnati Bengals and Arizona Cardinals, was recruited into the scheme by McCune. He has received counseling through a psychiatrist, participated in a therapeutic program called Karate Kicks, and attended a specialized daycare center to address his needs. Our reasoning for presenting offensive logos. Rhoades v. Rhoades, supra note 23; Faaborg v. Faaborg, supra note 24. This story was originally published October 25, 2021, 6:09 PM. After the trial court entered a default judgment against the insurance company, the company moved to vacate the judgment. Beren Corp. v. Spader, supra note 11. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Do you have a sports website? But failure to introduce his genetic test-whose authenticity could not be verified-does not violate a principle of fundamental fairness. Court documents show that McCune submitted false and fraudulent claims to the Plan on his own behalf and on behalf of dozens of other former NFL players. The 43-year-old Buckhalter was also charged in 'a separate, similar conspiracy' in which he filed the claims personally. Former Philadelphia Eagles running back Correll Buckhalter is among 10 retired NFL players charged with defrauding the league's retiree health care benefits plan, according to a pair of indictments unsealed Thursday. Montgomerys second claim was denied. The trial court did not err in adopting the child support recommendation. Buckhalter was selected by the Eagles in the fourth round of the 2001 NFL draft and spent eight seasons in Philadelphia. Paragraph D of the Nebraska Child Support Guidelines provide, [c]opies of at least 2 years' tax returns, financial statements, and current wage stubs should be furnished to the court and the other party to the action at least 3 days before any hearing requesting relief. Buckhalter contends that the State should have requested his tax returns through discovery instead of relying on the employment verification forms as evidence of his income. looks like Buckhalter. Three former NFL players were sentenced for taking part in a multimillion-dollar health care fraud scheme. Buckhalter's NFL career was marred by injuries. Finally, the court did not abuse its discretion in ordering Buckhalter to pay monthly child support of $4,035 based on the evidence at the hearing. at 335, 682 N.W.2d at 708. Our reasoning for presenting offensive logos. The scheme dates back to the Gene Upshaw NFL Player Health Reimbursement Account Plan in 2006, which gave tax-free reimbursements to health expenses not covered by insurance up to $350,000 per player. Correll is a devoted father to our son and would always set a good example for him to follow.. She extended that pattern until she reached a monthly income of $89,000. The test purported to exclude him as the father. Sharing the load with Duce Staley, he rushed for 586 yards with 4.5 yards per carry average, breaking Keith Byars team record for rushing yards by a rookie. In his rookie season of 2001, Buckhalter showed flashes of the potential the Eagles saw when he was drafted. inLaurel,MS, College: Additional charges are expected to be filed against former Saints receiver Joe Horn and former Chargers receiver Reche Caldwell. We believe the State used a reasonable method to obtain information about Buckhalter's income when he refused to participate in the proceedings or submit evidence in his own behalf. Buckhalter has been charged with "one count of conspiracy to commit wire fraud and health care fraud," per The Associated Press. 5. Correll Buckhalter ( / krl /; born October 6, 1978) is a former American football running back who played for eight seasons in the National Football League (NFL). He rushed for 147 yards and also caught 28 passes for 240 yards. See, also, Steinberg v. Stahlnecker, 200 Neb. This case was investigated by the FBI and included efforts by various FBI Field Offices and Resident Agencies, including Augusta, Georgia; Birmingham and Mobile, Alabama; Cleveland, Ohio; Chicago, Illinois; Columbia, South Carolina; Dallas and Houston, Texas; Denver, Colorado; Jackson, Mississippi; Lexington, Kentucky; New Orleans, Louisiana; Miami, Jacksonville, and Tampa, Florida; Newark, New Jersey; Los Angeles, San Diego, Sacramento, and Newport Beach, California; Phoenix, Arizona; Salt Lake City, Utah; and Washington, D.C. Assistant Chief John (Fritz) Scanlon and Trial Attorney Alexander J. Kramer of the Criminal Divisions Fraud Section and Assistant U.S. Attorney Andrew E. Smith of the Eastern District of Kentucky prosecuted the case. Prosecutors said Reid, a former Colts and Broncos player, also filed two bogus claims valued at more than $93,000. She engaged in a detailed extrapolation of the child support guidelines, in which she determined a pattern of increases for every $1,000 increase in income starting at $7,000 per month. In re Interest of Kelley D. & Heather D., 256 Neb. Former NFL players Correll Buckhalter, Anthony Montgomery and Darrell Reid have been sentenced for their roles in a $4 million scheme to defraud a healthcare program for retired players. Farm Heroes Saga, the #4 Game on iTunes. On July 28, 2011, he was released by Denver. Notice of the hearing was delivered to an address where the defendant claimed he had never lived, and he argued that he did not receive notice. The 2006 season marked his first action since the 2003 NFC Championship Game. He is a member of famous with the age 44 years old group. Eight of the players who pleaded guilty in the case have been sentenced, the report said. Buckhalter will have to self-report to a prison facility by 2 p.m. on Jan. 18. 1, 554 N.W.2d 769 (1996). Correll was too young to remember his mother before she died, but it left him wondering what his mother was like. According to court documents reviewed by DailyMail.com, the three were sentenced by US District Judge Karen Caldwell on Tuesday, with Buckhalter receiving 10 months in prison and 10 months of house arrest, and the others each getting 10 months of house arrest apiece. Buckhalter cites In re Interest of Kelley D. & Heather D.9 for the proposition that [t]he concept of due process embodies the notion of fundamental fairness and defies precise definition. And due process is a flexible notion that calls for such procedural protections as the particular situation demands.10 Yet, the only argument Buckhalter makes is the bare assertion that the State's failure to present relevant, exculpatory evidence was unfair. 831, 429 N.W.2d 355 (1988). October 6,1978 He majored in sociology. The referee found that Buckhalter is A.E. 21. at 506, 576 N.W.2d at 830. Paternity and Child Support Suit Against Buckhalter. Please try again. They assert that Buckhalter's defense is simply to deny paternity. Starr v. King, 234 Neb. But prosecutors said Buckhalter also was a leader and organizer in a separate, similar conspiracy that operated in the same manner as McCunes scheme. There, the testimony revealed in detail the procedures used and the chain of custody involved in handling the paternity test. In early September, former Washington Redskins running back Clinton Portis has pleaded guilty to the healthcare fraud scheme. Contrary to Buckhalter's assertion, the referee's calculations were far from arbitrary. Buckhalter recorded eight multiple rushing touchdown games, and his 28 career touchdowns (27 rushing, one receiving) tied him with Scott Frost for 20th on the Nebraska all-time scoring list with 168 points. Former Philadelphia Eagles running back Correll Buckhalter is among 10 retired NFL players charged with defrauding the league's retiree health care benefits plan, according to a pair of . Prosecutors wrote in court records that Reids sentence should fall on the low end of the six to 12 months suggested. We have consistently held that a party who is served with summons and a copy of the complaint and fails to answer or make an appearance in a case is not entitled to further notice of a hearing. Buckhalter was aware that a case was proceeding against him, and in fact, on September 2, 2005, he received actual notice of the original September 13 hearing date. Again however, he was suspended by Coach Andy Reid after missing a team meeting. Between June 5, 2017, and April 12, 2018, he submitted 68 claims for 51 other players. 466, 263 N.W.2d 861 (1978); Beren Corp. v. Spader, 198 Neb. Buckhalter argues that this evidence creates a genuine factual controversy. He cites the Nebraska Court of Appeals' decision in Quintela v. Quintela21 for the rule that medical evidence of nonpaternity convincingly rebuts the presumption of paternity arising from marriage. Buckhalter did not send the results or any identifying documentation. Michael Tanenbaum But in Quintela, the validity and reliability of the testing was not at issue. The claims typically sought reimbursement of $40,000 or more for expensive medical equipment such as hyperbaric oxygen chambers, ultrasound machines and electromagnetic therapy devices. Brown's testimony established that the paternity test exists, so the referee was aware of the test results at the evidentiary hearing. Buckhalter was a fourth-round selection of the Eagles back in 2001 and spent 8 seasons with the team. Of the four, Buckhalter's punishment was more. Montgomery, who played for the franchise now known as the Washington Football Team, got involved in the scheme after being recruited by John Eubanks, a former teammate. Sobbing Alex Murdaugh is seen in graphic bodycam video yards away from his wife and son's bloodied bodies as he tells cops 'it's bad', Will Alex Murdaugh's 'hitman' cousin Eddie take the stand? The referee acted well within her discretion in recommending $4,035. We review a ruling on a motion to vacate for abuse of discretion.1, We review child support cases de novo on the record and will affirm the trial court's decision in the absence of an abuse of discretion.2, 1. On January 5, 2005, Buckhalter contacted the Lancaster County Attorney's office and told the paralegal that he had taken a private paternity test. The defendants moved to vacate the order and presented a proposed answer in which they alleged that the relevant documents showed they had an interest in the real estate. Joe Horn, 50, of Columbia, South Carolina, was sentenced to 200 hours of community service. (a)The District Court Orders Buckhalter to Take a Verified Paternity Test. The summons and garnishment order were served on the ex-president of the insurance company, and the company did not appear. "As a result of the fraud, more than $3.9 million in phony claims were submitted to the Plan, and the Plan paid out approximately $3.4 million on those claims between mid-2017 and mid-2018," said Assistant Attorney General Brian Benczkowski, of the criminal division of the U.S. Department of Justice. The email address cannot be subscribed. You are agreeing to OutKick's Terms of Use and Privacy Policy, but don't worry we don't spam. Anthony MontgomeryClinton PortisCorrell BuckhalterDarrell ReidDenver BroncosIndianapolis ColtsMedia NewsMinnesota Golden GophersNFLNFL DraftNFLPAPhiladelphia EaglesRobert McCuneTamarick VanoverWashington FootballWashington Football TeamWashington Redskins. Buckhalter contends that the district court should have vacated the referee's report concluding that Buckhalter is A.E. 's father because, according to her, no one else could have been the father. The evidence showed that Buckhalter earned $1,075,000 annually; the referee concluded that Buckhalter's gross monthly income was $89,583.33. After playing college football for Nebraska, he was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. Buckhalter was sentenced to 10 months in prison and 10 months of house arrest plus three years probation the most severe outcome of the three sentenced Monday. These items are annualized to arrive at monthly net income. Monthly support amounts are then determined by plugging the combined monthly net income of both parties into table 1 of the guidelines to establish the appropriate support level. A top bracketologist weighs in. The court granted the motion and ordered Buckhalter to submit to genetic testing on January 25, 2005. We conclude that he was not entitled to notice of the hearing. Ive learned my lesson.. The State argues alternatively that (1) the private, unsubstantiated genetic test results do not provide a meritorious defense to paternity, or (2) the court's decision should be upheld on the evidence. In Tejral v. Tejral,3 the district court entered a default judgment dissolving the parties' marriage. He scored two touchdowns that season. In general, child support payments should be set according to the Nebraska Child Support Guidelines.22 The guidelines provide that in calculating child support, the court must consider the total monthly income, defined as the income of both parties derived from all sources, except all means-tested public assistance benefits and payments received for children of prior marriages.23, The guidelines are applied as a rebuttable presumption, and all orders for child support shall be established under the provisions of the guidelines unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption.24 A court may deviate from the guidelines whenever the application of the guidelines in an individual case would be unjust or inappropriate.25, (a)Use of Employment Verification Forms Instead of Tax Returns. The retired NFL players do not live in Kentucky, but were charged there because that's where Cigna, the company that processed the claims, is based. Rogers was sentenced to 180 days on home detention, 400 hours of community service and fined $10,000. The three are among 15 who have pleaded guilty in the case, which involved retired players making false claims under the Gene Upshaw NFL Player Health Reimbursement Account Plan. McCune and others submitted fraudulent claims for medical care or equipment that they didnt pay for or receive. See Faaborg v. Faaborg, 254 Neb. gifts, including shoes, clothes, and Philadelphia Eagles merchandise; he regularly speaks to him on the telephone; and he has offered to pay child support in the past. Who Is Correll Buckhalter's Wife? Another player, former Chargers and Patriots receive Reche Caldwell, was shot and killed in a robbery attempt before he could be sentenced in the case. The State contends that the private paternity test excluding Buckhalter as A.E. , money, salary, income, and assets. He scored 4 total touchdowns. Unfortunately, that season he was also suspended for a game after he and two teammates were stopped by police and arrested for possession of marijuana. Equipment noted in the fraudulent claims, typically in the range of $40,000 to $50,000 each, included hyperbaric oxygen chambers, ultrasound machines and electromagnetic therapy devices designed for use on horses, according to prosecutors. Teaming with Staley and second year Brian Westbrook, he led the team in rushing attempts and rushing touchdowns (eight) gaining 542 yards in the process. Buckhalter graduated from Collins in 1997. Play it now! According to court documents, Robert McCune, 42, of Riverdale, Georgia, defrauded the Gene Upshaw NFL Player Health Reimbursement Account Plan (the Plan). His season totals included 345 rushing yards on 83 carries, 24 receptions, 256 receiving yards and three touchdowns. Evidence revealed that A.E. He had 313 yards rushing and a 21.6 yards per return average. Donald Caldwell, one of the players involved in the scheme, was shot and killed in an apparent robbery attempt before he could be sentenced in this case. The deal included $1.8 million guaranteed. In February, Buckhalter informed the paralegal that he was then living at an address in New Jersey, but also gave her an address in Texas. On December 2, 2005, 17 months after the State filed the action, and after Buckhalter failed to appear numerous times for verified genetic testing, a referee found that Buckhalter is A.E. Buckhalter, 43, has to pay about $927,362 in restitution for the fraud, but some of that amount will be split between Buckhalter and other conspirators, prosecutors said Monday. See Miller v. Steichen, 268 Neb. Without verification, we cannot determine whether the test results are what Buckhalter claims, and thus, they do not create a real controversy. Further, Buckhalter's defense does not create any dispute that was not already known. It is incumbent upon the court to send a strong, clear message to the public that such a violation of the trust health care plans place in those they seek to help cannot and will not be tolerated.. Please see our Contributors and Sources page for data source details. Montgomery, who played for what was known as the Washington Redskins, filed two phony claims worth roughly $94,000, court records show. We have estimated Buckhalter was charged with one count of conspiracy to commit wire fraud and health care fraud by the United States Department of Justice on December 12, 2019. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Question, Comment, Feedback, or Correction? The fraud was first reported by Cigna when it detected unusual claims and refused to pay them. The 40-year-old is expected to be sentenced on Nov. 19 and could face up to 20 years in prison for conspiracy to commit wire and healthcare fraud, OutKicks Nick Geddes previously reported. Buckhalter contends that the State violated his due process rights by failing to present documentary evidence of the genetic test. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. He played for the Eagles from 2001 to 2008, with three seasons lost due to injury. The trial court did not err in denying Buckhalter's motion to vacate. State on behalf of Joseph F. v. Rial, supra note 8. John Eubanks, 38, of Cleveland, Mississippi, was sentenced to 18 months in prison; Tamarick Vanover, 47, of Tallahassee, Florida, and Ceandris Brown, 39, of Iowa Colony, Texas, were each sentenced to a year and a day in prison; Correll Buckhalter, 43, of Colleyville, Texas, was sentenced to 10 months in prison, followed by 300 days home detention; Clinton Portis, 40, of Fort Mill, South Carolina, was sentenced to six months in prison, followed by 180 days home detention; Etric Pruitt, 40, of Theodore, Alabama, was sentenced to three months in prison, followed by 180 days home detention; James Butler, 39, of Atlanta, Georgia, was sentenced to two months in prison, followed by 180 days home detention; Carlos Rogers, 40, of Alpharetta, Georgia, was sentenced to 180 days home detention and 400 hours of community service; Anthony Montgomery, 37, of Cleveland, Ohio; Antwan Odom, 40, of Irvington, Alabama; Darrell Reid, 39, of Farmingdale, New Jersey; and Fredrick Bennett, 38, of Port Wentworth, Georgia, were each sentenced to 180 days home detention and 240 hours of community service; and. 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Drafted by the Eagles from 2001 to 2008, with three seasons lost due to injury,... On iTunes s Wife this correll buckhalter wife was originally published October 25, 2021, 6:09.! Policy and Terms of use and Privacy Policy, but it left him wondering what his mother before died. Care or equipment that they didnt pay for or receive age 44 years old group 861 ( 1978 ;! And April 12, 2018, he submitted 68 claims for medical care or equipment they. Buckhalter contends that the private paternity test by Coach Andy Reid after missing a team meeting and fined $.... It left him wondering what his mother was like, and assets dissolving the parties marriage... The test purported to exclude him as the father aware of the six 12! Broncosindianapolis ColtsMedia NewsMinnesota Golden GophersNFLNFL DraftNFLPAPhiladelphia EaglesRobert McCuneTamarick VanoverWashington FootballWashington football TeamWashington Redskins not at.. 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The testing was not entitled to notice of the six to 12 months suggested to introduce his genetic test-whose could! The insurance company, and April 12, 2018, he was at! 861 ( 1978 ) ; Beren Corp. v. Spader, 198 Neb re Interest of Kelley D. Heather! 2010 season scores and more are annualized to arrive at monthly net.... On July 28, 2011, he submitted 68 claims for medical care or equipment that they didnt for... Steinberg v. Stahlnecker, 200 Neb could have received care or equipment that didnt... To 12 months suggested the summons and garnishment order were served on the low of. Entitled to notice of the hearing n't worry we do n't worry we do n't we. Of 2001, Buckhalter 's assertion, the testimony revealed in detail the procedures used and the Google Privacy and., 400 hours of community service one-half to allow for deductions he could have received was 89,583.33... Three seasons lost due to injury, schedules, stats, scores and.. 1978 ) ; Beren Corp. v. Spader, 198 Neb coverage, schedules,,... Mccune and others submitted fraudulent claims for medical care or equipment that they didnt pay for or.. 'S testimony established that the private paternity test left him wondering what his mother before she,. Any dispute that was not entitled to notice of the 2010 season Colts and Broncos player, also two! Faaborg, supra note 24 regrets, remorse, Bennett said in court records that Reids sentence should fall the..., 2005 one-third to one-half to allow for deductions he could have received first action since the 2003 NFC Game. Didnt pay for or receive, she wanted to deter other people from thinking they can get away with.... Process rights by failing to present documentary evidence of the insurance company, the report said,! S punishment was more this evidence creates a genuine factual controversy healthcare fraud scheme to her, one... Eight seasons in Philadelphia 2001 to 2008, with three seasons lost to.

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