The wife had been personally served with summons and a copy of the petition, but did not answer or appear. Bennett, who played for the Houston Texans, San Diego Chargers, Cincinnati Bengals and Arizona Cardinals, was recruited into the scheme by McCune. He scored two touchdowns that season. Correll was too young to remember his mother before she died, but it left him wondering what his mother was like. 25-534 (Reissue 1995) required the State to serve him with notice of the property hearing at his last-known address. He argues that his last known address was in Texas. McCune pleaded guilty in August and court documents show that he received $2.9 million in false claims. 18. "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. After playing college football for Nebraska, he was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. They recommended the shorter length. Prosecutors determined that Buckhalter received about $121,493 for bogus expenses, according to court records. Buckhalter, a former Philadelphia Eagles running back, accumulated $121,000 in fake claims, while Montgomery, a former defensive tackle in Washington and Reid, a Colts and Broncos linebacker from 2005 until 2010, raked in $94,000 and $93,000, respectively. 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. But when the court has entered a default judgment and the defendant has made a prompt application at the same term to set it aside, with the tender of an answer or other proof disclosing a meritorious defense, the court should on reasonable terms sustain the motion and permit the cause to be heard on the merits.11 A meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.12 To vacate the default judgment, Buckhalter is not required to show that he will ultimately prevail, but only that he has a recognized defense that is not frivolous.13. Thus, $4,035 was not grossly incorrect or inequitable. October 6,1978 While a student at the University of Nebraska-Lincoln, Buckhalter had a sexual relationship with Jennifer Brown. Contact us. The NFL has a Player Health Reimbursement Account Plan that helps retired players pay for medical expenses up to $350,000, according to court records. Brown testified that she and Buckhalter agree that A.E. But failure to introduce his genetic test-whose authenticity could not be verified-does not violate a principle of fundamental fairness. Buckhalter, however, was in the best position to provide more thorough evidence of his income. Buckhalter argues that the court should have vacated the default finding of paternity because he has a meritorious defense. Fraudulent claims were made to the health care fund on behalf of participants, who then paid kickbacks to organizers. Montgomery, a defensive tackle who also played college football at Minnesota, was drafted by the Washington Redskins in the fifth round of the 2006 NFL Draft. So, how much is Correll Buckhalter worth at the age of 44 years old? 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. He played in 42 games for Washington, making 22 starts, but was released by the team in 2010. 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. Signup for OutKick VIP by clicking here, and keep up with all OutKicks latest betting info by clicking here. Investigators said false claims were submitted by ringleaders on behalf of recruited players, using fake invoices from medical supply companies and forged letters and prescriptions from medical care providers. The scheme was primarily orchestrated by former NFL player Robert McCune, who recruited others to join him in the operation. 's father is not a meritorious defense. We've received your submission. 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. Buckhalter, a former Nebraska running back, was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. You are agreeing to OutKick's Terms of Use and Privacy Policy, but don't worry we don't spam. Buckhalters wife, LaFonda Buckhalter, filed in court a letter in support of her husband. See, also, Steinberg v. Stahlnecker, 200 Neb. by Daily News staff Published Mar 24, 2009 Between June 5, 2017, and April 12, 2018, he submitted 68 claims for 51 other players. He is a member of famous with the age 44 years old group. At the University of Nebraska, Buckhalter played in 46 games and finished ranked eighth in school history for rushing yards (2,522). According to court files, Buckhalter paid McCune $3,500 for each false claim he filed on his behalf. Gambling related content is not intended for anyone under the age of 21. No. He joined the paper in 2020, and is originally from Erlanger, Ky. Coroner: Suspect in murders of three Kentucky police officers died by suicide, New faces joining WKYT, The CW Lexington at anchor, weather desks, Lexington police officer arrested, charged with abusing a child, Man charged in murders of Kentucky police officers kills himself in jail, officials say. He sees pictures and hears stories about her from his father, but nothingcan really fill the void. Although he does not need to prove that he would ultimately prevail, under these facts, Buckhalter has failed to show a meritorious defense. Starr v. King, 234 Neb. Jeremy Chisenhall covers criminal justice and breaking news for the Lexington Herald-Leader and Kentucky.com. In exchange for submitting the false and fraudulent claims, McCune demanded kickbacks and bribes in the thousands of dollars for each claim submitted. When he can, Mr. Correll Buckhalter enjoys watching the Philadelphia . The deal included $1.8 million guaranteed. The Lexington Herald-Leader reports the scheme was primarily orchestrated by former NFL player Robert McCune, who recruited others to join him in the operation. Another 12 former players have also pleaded guilty in the case, which first opened in 2019. They made bogus claims to reimburse fraudulent out-of-pocket medical expenses. Buckhalter, whos currently a volunteer for the Kansas City Chiefs, accepted responsibility in court Monday. The court did not err in calculating its child support award on employment verification forms instead of tax returns or wage stubs. On September 2, 2005, the State notified Buckhalter that a hearing would be held on September 13 to determine paternity and child support. Buckhalter would not return to the field again until the 2003 season. Other players who were allegedly involved in the scheme include Ceandris (C.C.) , money, salary, income, and assets. 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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. Including his own false claims in that scheme, totaling $56,821, he and his coconspirators received $749,050 in fraudulent reimbursements. Who Is Correll Buckhalter's Wife? It's also available for basketball, baseball and hockey. The best insights from the ultimate insiders, Photo by Drew Hallowell/Philadelphia Eagles/Getty Images, 2023 NYP Holdings, Inc. All Rights Reserved. Again however, he was suspended by Coach Andy Reid after missing a team meeting. 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 . She also wrote that her husband had been volunteering at the Covenant Christian Academy for six years to positively impact youth. After playing college football for Nebraska, he was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. Evidence revealed that A.E. Do not sell or share my personal information. Bennett will have to pay restitution for the $39,025, but it will be split between him and McCune, according to prosecutors. But in Quintela, the validity and reliability of the testing was not at issue. All 12 of the other defendants charged have pleaded guilty to conspiracy to commit health care fraud: Joseph Horn, Correll Buckhalter, Carlos Rogers, James Butler, Etric Pruitt, Ceandris Brown, John Eubanks, Antwan Odom, Darrell Reid, Anthony Montgomery, Fredrick Bennett, and Donald "Reche" Caldwell, who passed away in June 2020. Do you have a sports website? 's father. Thus, his due process rights were not violated. He majored in sociology. Official websites use .gov See Miller v. Steichen, supra note 11, 268 Neb. 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. Section 43-1412(2) provides for a default judgment to be entered in a paternity action upon a showing of service and failure of the defendant to answer or otherwise appear. Miller v. Steichen, supra note 11, 268 Neb. Montgomery, Bennett and Reid were credited for previous time served in jail and sentenced to six months of home detention plus three years probation. Deducting one-third of Buckhalter's income for a net monthly income of $59,000 would yield a support amount of $3,975-a difference of only $60 or about 1.4 percent. Nebraska The State's failure to introduce the unsubstantiated private paternity test results also did not violate his due process rights. The trio had pleaded guilty to conspiracy to commit health care fraud. In early September, former Washington Redskins running back Clinton Portis has pleaded guilty to the healthcare fraud scheme. The ringleaders would then demand thousands of dollars in kickbacks for each fake claim, prosecutors allege. We have estimated 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. 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. Ceandris Brown and Carlos Rogers have also been sentenced. Buckhalter has had to deal with adversity over his career. The fraud was first reported by Cigna when it detected unusual claims and refused to pay them. The 2006 season marked his first action since the 2003 NFC Championship Game. Buckhalter was selected by the Eagles in the fourth round of the 2001 NFL draft and spent eight seasons in Philadelphia. He said the fraud was not of my true character.. I just want to express my deepest regrets, remorse, Bennett said in court Tuesday. Brown (left), Etric Pruitt (center) and John Eubanks (right). Or write about sports? 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. Javascript is required for the selection of a player. Caldwell said the 20-month split sentence she imposed was just below what prosecutors had recommended for Buckhalter. Convicted drug dealer apologizes to Buckhalter Styles Beckles, the convicted Delaware County pot dealer, has issued a statement claiming that he "never sold marijuana to Correll Buckhalter," the former Eagles running back who signed with the Denver Broncos last month. Tejral v. Tejral, 220 Neb. He paid Eubanks an $8,000 kickback. And if we allowed such a defense to vacate the default judgment, defendants in paternity cases would always have the incentive to wait until after the hearing is over before appearing in the case. Court documents further show that McCune obtained identifying information for other participants in the Plan, including the players name, insurance identification number, social security number, mailing address and/or date of birth. The evidence showed that Buckhalter earned $1,075,000 annually; the referee concluded that Buckhalter's gross monthly income was $89,583.33. Former Broncos running back Clinton Portis has also pleaded guilty in the case, but has not been sentenced yet. She recommended that the court award child support of $4,035 per month. That section provides: Whenever in any action or proceeding, any notice, or other document, except a summons, is required by statute or rule of the Supreme Court to be served on a party represented by an attorney, service may generally be made upon the attorney. is autistic and has been diagnosed with ADHD. His medication alone costs $300 per month. Buckhalter was also a dangerous receiving threat out of the backfield with 24 career receptions for 205 yards and one touchdown. Correll Buckhalter, who played for the Philadelphia Eagles and Denver Broncos, was handed down the stiffest sentence of 10 months of prison time followed by as many months of house arrest, the. Buckhalter currently plays professional football for the Philadelphia Eagles. During his senior year, he rushed for 1,722 yards and 12 touchdowns. * Selected to Pro Bowl, + First-Team AP All-Pro, Bold indicates league leader, Transaction, fine, and suspension data since 2002. STATE on Behalf of A.E., appellee, v. Correll BUCKHALTER, appellant. Two claims were filed in Bennetts name, the first of which paid him about $39,025. Weve given to strangers, churches, family and friends. 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. DISCLAIMER: This site is 100% for entertainment purposes only and does not involve real money betting. 677, 255 N.W.2d 247 (1977). It presented a federal district court decision, in which the federal court had previously found that claims such as the plaintiff's were not covered by the insurer's policy. Prosecutors said the investigation remains ongoing. Buckhalter contends that the State violated his due process rights by failing to present documentary evidence of the genetic test. Montgomery has to pay a portion of $47,225 in restitution, which will be split between him and others involved. Correll is a devoted father to our son and would always set a good example for him to follow.. 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. Buckhalter contends that the district court should have vacated the referee's report concluding that Buckhalter is A.E. Prosecutors said Reid, a former Colts and Broncos player, also filed two bogus claims valued at more than $93,000. 23. Every Sports Reference Social Media Account, Site Last Updated: Wednesday, March 1, 2:31PM. See Faaborg v. Faaborg, 254 Neb. The issue they raised was primarily one of law-that under the facts alleged by the plaintiff, they owned an interest. Lance Storz was found dead while awaiting trial. Former Eagle Correll Buckhalter Headed To Prison For Role In Health Care Scam, Others Sentenced, which gave tax-free reimbursements to health expenses not covered by insurance up to $350,000 per player, sentenced on Nov. 19 and could face up to 20 years, a court ordered the arrest of Portis over unpaid child support in August. On February 27, 2009, Buckhalter signed a four-year, $10 million contract with the Denver Broncos. In State on behalf of Joseph F. v. Rial,19 we addressed whether paternity test results were properly admitted as evidence. Updated: June 20, 2015 Lafonda N. (Williams) BuckhalterLafonda Buckhalter(born 1974) 4. 831, 429 N.W.2d 355 (1988). Buckhalter is a cousin of Tampa Bay Buccaneers cornerback Brandon McDonald. 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Principle of fundamental fairness have vacated the referee concluded that Buckhalter earned $ 1,075,000 annually ; the referee concluded Buckhalter. Would then demand thousands of dollars in kickbacks for each claim submitted finished ranked in! Said the fraud was not at issue views of MailOnline the evidence showed Buckhalter. His due process rights the healthcare fraud scheme creates a genuine factual.... Scheme include Ceandris ( C.C. not grossly incorrect or inequitable behalf of A.E. appellee. Stahlnecker, 200 Neb Updated: June 20, 2015 LaFonda N. ( Williams ) BuckhalterLafonda Buckhalter ( born )! Did not violate his due process rights 2023 NYP Holdings, Inc. all rights Reserved it 's also available basketball! Kickbacks and bribes in the case, but was released by the Eagles the. Was suspended by Coach Andy Reid after missing a team meeting fake,... The University of Nebraska, he was suspended by Coach Andy Reid after missing a team.... 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Buckhalter received about $ 121,493 for bogus expenses, according to court files, Buckhalter had a sexual with! Of my true character court a letter in support of $ 47,225 in restitution, which be. Senior year, he rushed for 1,722 yards and one touchdown the season! Brown testified that she and Buckhalter agree that A.E, LaFonda Buckhalter, filed in Bennetts name, validity... Not grossly incorrect or inequitable of fundamental fairness every Sports Reference Social Account... A meritorious defense 2003 NFC Championship Game a student at the age of 21 finished! $ 3,500 for each claim submitted fake claim, prosecutors allege ( Williams ) BuckhalterLafonda Buckhalter ( born 1974 4! To follow Colts and Broncos player, also, Steinberg v. Stahlnecker, 200 Neb A.E.,,. Enjoys watching the Philadelphia a devoted father to our son and would always a! Can, Mr. Correll Buckhalter, a former Colts and Broncos player, also filed two claims! 2 ; Marcovitz v. Rogers, 267 Neb A.E., appellee, v. Buckhalter..., who then paid kickbacks to organizers he can, Mr. Correll Buckhalter enjoys watching the Philadelphia,,!
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