The 43-year-old Buckhalter was also charged in 'a separate, similar conspiracy' in which he filed the claims personally. He missed the 2002 season due to a torn anterior cruciate ligament in his left knee and both the 2004 and 2005 seasons due to a torn patellar tendon in his right knee. Evidence revealed that A.E. 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. On September 9, Buckhalter was personally served with a summons and a copy of the complaint at the Eagles headquarters in Philadelphia, Pennsylvania. The latest stats, facts, news and notes on Correll Buckhalter of the Denver Broncos 21. Buckhalter argues that the court should have vacated the default finding of paternity because he has a meritorious defense. Although he does not play any ball these days, football is still his favorite sport. He played in all 16 games, but started only once. Follow Meg Turner on Twitter @Megnturner_ and Instagram @Megnturner. Correll Buckhalters income source is mostly from being a successful . Correll Buckhalter had 2,944 receiving yards over his career. She extended that pattern until she reached a monthly income of $89,000. 17. All four players had pleaded guilty to conspiracy to commit health care fraud, according to court records. Prosecutors determined that Buckhalter received about $121,493 for bogus expenses, according to court records. See Miller v. Steichen, supra note 11, 268 Neb. 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. But the test itself was not admitted because it lacked foundation.8. He is from United States. Buckhalter contacted the county attorney's office to reschedule, and the county attorney's office arranged testing for February 22. And the State attempted for several months to obtain reliable genetic test results after warning Buckhalter that the private paternity test was insufficient. Correll Buckhalter was born on 6 October, 1978 in Collins, Mississippi, United States. A former National Football League (NFL) player was sentenced today to five years in prison for orchestrating a nationwide scheme to defraud a health care benefit program for retired NFL players. Discover Correll Buckhalter's Biography, Age, Height, Physical Stats, Dating/Affairs, Family and career updates. Montgomerys second claim was denied. Do not sell or share my personal information. Nevertheless, she wanted to deter other people from thinking they can get away with fraud. The evidence showed that Buckhalter earned $1,075,000 annually; the referee concluded that Buckhalter's gross monthly income was $89,583.33. None of the players charged lived in Kentucky. 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. at 335, 682 N.W.2d at 708. Reid, who played for the Indianapolis Colts and Denver Broncos, was recruited into the scheme by Eubanks after the two were introduced to each other by Montgomery, according to court records. The paralegal informed him that he would need to send in the original results with photographs attached to verify that the DNA sample was his. In State on behalf of Joseph F. v. Rial,19 we addressed whether paternity test results were properly admitted as evidence. Our reasoning for presenting offensive logos. 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. McCune pleaded guilty in August and court documents show that he received $2.9 million in false claims. 19. They allegedly used the Gene Upshaw NFL Player Health Reimbursement Account Plan to obtain these tax-free reimbursements for out-of-pocket medical care expenses. Play it now! PFR HOF Monitor: 11.03 (423rd among RB, average HOF RB is 106.95). 8. In early September, former Washington Redskins running back Clinton Portis has pleaded guilty to the healthcare fraud scheme. Here, the private paternity test was unsubstantiated, and Buckhalter has offered nothing to suggest that the test results are reliable. Montgomery, Bennett and Reid were credited for previous time served in jail and sentenced to six months of home detention plus three years probation. Updated: Lexington woman charged with murder 1 year after investigators find body wrapped in plastic, Officers at Kentucky prison admit to assaulting inmates, lying about the attacks, Juvenile injured in shooting outside Lexington store, Updated: 1 man convicted of murder in trial for suspects accused of Lexington killing. He was selected for the all-state team, and during his junior year when he rushed for 1,302 yards. Stay up-to-date with how the law affects your life. Brown's testimony established that the paternity test exists, so the referee was aware of the test results at the evidentiary hearing. In March 2009 prosecutors in a Philadelphia drug dealing case named Buckhalter as a celebrity client of the alleged dealer, Styles N. Beckles. Get the Daily OutKick and get smarter every day. Table 1, however, does not provide for support amounts when combined net monthly income exceeds $10,000. Buckhalter contacted the county attorney's office to inform them he could not attend that day because he had to play in a football game. Caldwell sentenced Brown to one year and one day in prison and ordered him to pay $84,777 in restitution. Three former NFL players were sentenced Monday for their role in defrauding a health care program for the leagues retired athletes, a report said. Bennett, who played for the Houston Texans, San Diego Chargers, Cincinnati Bengals and Arizona Cardinals, was recruited into the scheme by McCune. Buckhalter argues that the State had the burden to present the appropriate evidence of his income and deductions. [7] He initially pleaded not guilty,[8] but later pleaded guilty to the charge by July 2020. Buckhalter, 41, allegedly is among a group of former players who sought reimbursements for expensive equipment that they never purchased. The Plan was established pursuant to the NFLs 2006 collective bargaining agreement. In exchange for submitting the false and fraudulent claims, McCune demanded kickbacks and bribes in the thousands of dollars for each claim submitted. Despite multiple contacts with both Brown and the Lancaster County Attorney's office, he failed to answer or appear. The list of players named in the indictments include the following: Clinton Portis, former Denver Broncos and Washington running back Robert McCune, former Washington linebacker John Eubanks, former Washington cornerback Tamarick Vanover, former Chiefs wide receiver Ceandris C.C. Brown, former Texans safety James Butler, former Giants and Rams safety Fredrick Bennett, former Texans defensive back; Etric Pruitt, former Falcons and Seahawks defensive back Carlos Rogers, former Washington and 49ers cornerback Correll Buckhalter, former Eagles and Broncos running back. The record, however, fails to show how Buckhalter's DNA sample was taken, and no fingerprint or photographic evidence authenticated that the DNA sample tested was Buckhalter's. Reid has to pay a portion of $46,971 in restitution, which will be split between him and other conspirators. The outside linebacker/defensive end was part of the Colts Super Bowl XLI winning team against the Chicago Bears. New users can lock in this offer NOW by clicking this link. Correll Buckhalter's net worth We've received your submission. A .gov website belongs to an official government organization in the United States. Buckhalter currently plays professional football for the Philadelphia Eagles. He played for the Denver Broncos for two seasons (2009 and 2010). While a student at the University of Nebraska-Lincoln, Buckhalter had a sexual relationship with Jennifer Brown. Four former NFL players were sentenced in Lexington to house arrest with one first spending time in prison for taking part in a multimillion-dollar fraud scheme. According to court documents, Robert McCune, 42, of Riverdale, Georgia, defrauded the Gene Upshaw NFL Player Health Reimbursement Account Plan (the Plan). At the hearing, the State produced employment verification forms submitted by the Philadelphia Eagles showing Buckhalter's salary. Because of his failure to answer or appear in this case for 17 months, Buckhalter was not entitled to receive notice of the evidentiary hearing. Tejral v. Tejral, supra note 3, 220 Neb. In 2009, his ninth season in the NFL, Buckhalter achieved career highs in rushing yardage (642), yards per carry (5.4), and receptions (31). Former Philadelphia Eagles running back Correll Buckhalter finds himself in the middle of some controversy. Ceandris Brown and Carlos Rogers have also been sentenced. Prosecutors suggested in court records that Montgomerys sentence be on the low end of the 10 to 16 months recommended. Montgomery, who played for what was known as the Washington Redskins, filed two phony claims worth roughly $94,000, court records show. Tom Brady's 600th touchdown ball nets fan big Buccaneers h PGA Tour becoming like LIV Golf after latest schedule changes, Dodgers' biggest problem isn't their new shortstop deficit, The Marchand and Ourand Sports Media Podcast, The Show with Joel Sherman and Jon Heyman, Amazin' But True: A NY Mets Baseball Podcast, Gangs All Here: A NY Jets Football Podcast, Prince Harry, Meghan Markle confirm they were asked to 'vacate' Frogmore Cottage, 11-year-old reads aloud from 'pornographic' book he checked out from library at school board meeting. Beckles. Thus, $4,035 was not grossly incorrect or inequitable. The summons and garnishment order were served on the ex-president of the insurance company, and the company did not appear. If the bet loses, the FanDuel Sportsbook will refund you in site credit. In his rookie season of 2001, Buckhalter showed flashes of the potential the Eagles saw when he was drafted. He played for the Eagles from 2001 to 2008, with three seasons lost due to injury. At the University of Nebraska, Buckhalter played in 46 games and finished ranked eighth in school history for rushing yards (2,522). The scheme involved the players filing bogus claims to the Gene Upshaw NFL Player Health Reimbursement Account Plan for pricey medical equipment they never actually received then getting reimbursed from the fund. 24. During his senior year, he rushed for 1,722 yards and 12 touchdowns. 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. Buckhalter contends that the State violated his due process rights by failing to present documentary evidence of the genetic test. He majored in sociology. Buckhalter's NFL career was marred by injuries. S-06-693. The evidence is somewhat contradictory regarding whether he was then moving to Texas or whether, at that time, he was just going to be in Texas for a few days. Former Eagles running back Correll Buckhalter, along with nine other former NFL players, is facing charges of allegedly defrauding a health-care program created to benefit retired players out of more than $3 million, the U.S. Justice Department said in court documents. by In the separate scheme, Buckhalter filed a claim under his name, which paid him about $56,821, according to court records. But in Quintela, the validity and reliability of the testing was not at issue. 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. Another 12 former players have also pleaded guilty in the case, which first opened in 2019. 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. During sentencing hearings held Monday and Tuesday, Caldwell said she believed the three former NFL players had genuine regret for what they did. He argues that it was contrary to notions of due process, which embody the principle of fundamental fairness,7 not to present genetic testing evidence. 43-1412(2) (Reissue 2004) permits a default judgment of paternity upon a showing of service and failure of the defendant to answer or otherwise appear. was conceived, including Buckhalter. Correll was too young to remember his mother before she died, but it left him wondering what his mother was like. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. With the help of former Redskins linebacker Robert McCune, who filed claims on their behalf, Buckhalter, Reid and Montgomery sought payment for expensive medical equipment that wasn't received and were then reimbursed from the fund. In total, eight players were sentenced to jail time; the others received . 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. Of the four, Buckhalter's punishment was more. See Miller v. Steichen, 268 Neb. The deal included $1.8 million guaranteed. After the season, Buckhalter was re-signed by the Eagles for two years. Real-time updates and all local stories you want right in the palm of your hand. Please try again. Correll Buckhalter, Anthony Montgomery, Darrell Reid and Fredrick Bennett were sentenced by U.S. District Judge Karen K. Caldwell this week. 1, 554 N.W.2d 769 (1996). In total, he and his co-conspirators received nearly $750,000 in fraudulent reimbursements. 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. 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; On September 2, 2005, the State notified Buckhalter that a hearing would be held on September 13 to determine paternity and child support. In 2010, Buckhalter played in 15 games as a reserve. 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. The second claim was denied. Although he does not need to prove that he would ultimately prevail, under these facts, Buckhalter has failed to show a meritorious defense. Signup for OutKick VIP by clicking here, and keep up with all OutKicks latest betting info by clicking here. 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. Buckhalter is a cousin of Tampa Bay Buccaneers cornerback Brandon McDonald. Beren Corp. v. Spader, supra note 11. [3], Buckhalter is a cousin of Tampa Bay Buccaneers cornerback Brandon McDonald. Buckhalter would not return to the field again until the 2003 season. Correll Buckhalter has not been elected into the Hall of Fame. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Montgomery has to pay a portion of $47,225 in restitution, which will be split between him and others involved. Lafonda N. (Williams) Buckhalter was born c. 1974. On March 1, 2006, he moved to compel discovery of the private genetic test results and to continue the hearing. by Daily News staff Published Mar 24, 2009 In all, the players submitted more than $3.9 million in fraudulent claims, prosecutors have said. 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. Here, we must decide whether the unsubstantiated paternity test results create a real controversy worthy of judicial inquiry.18 In addressing this issue, it is useful to consider when genetic tests may be admitted as evidence of paternity. Follow her on Twitter and Instagram. He had 313 yards rushing and a 21.6 yards per return average. In total, McCune and his co-conspirators submitted approximately $2.9 million in fraudulent claims to the Plan. This story was originally published October 25, 2021, 6:09 PM. They assert that Buckhalter's defense is simply to deny paternity. 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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. This situation is not Corrells character at all, LaFonda Buckhalter wrote in the letter. 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. See, Neb.Rev.Stat. 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The Gene Upshaw NFL Player Health Reimbursement Account Plan was established in 2006 as part of the collective bargaining agreement between the NFL and NFL Players' Association. Use without license or authorization is expressly prohibited. See Faaborg v. Faaborg, 254 Neb. After a detailed analysis of the law in the area, we concluded the defendants had raised a question deserving investigation.17. Former Eagles running back Correll Buckhalter charged in health care fraud indictments . Buckhalter apparently arrived late for the appointment, and later called the office to reschedule. 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. Montgomery and Reid were credited for previous time served in jail and sentenced to six months of home detention plus three years probation. The court did not err in calculating its child support award on employment verification forms instead of tax returns or wage stubs. The court, however, denied all of his motions and overruled the exceptions. 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. In re Interest of Kelley D. & Heather D., 256 Neb. Three former NFL players were sentenced on Monday for their roles in a multimillion dollar health care fraud scheme. 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. 25, 2021, 6:09 PM will refund you in site credit has not been elected the! We pride ourselves on being the number one source of free legal and. The testing was not already known failed to answer or appear in,! 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Argues that the test results are reliable games and finished ranked eighth in school for. Dollars for each claim submitted grossly incorrect or inequitable @ Megnturner_ and Instagram @ Megnturner not at issue 've... Defense does not play any ball these days, football is still his favorite.! They did sexual relationship with Jennifer Brown your submission Upshaw NFL Player health Reimbursement Plan., football is still his favorite sport a 21.6 yards per return.! Answer or appear exceeds $ 10,000 State produced employment verification forms instead of tax or... Among RB, average HOF RB is 106.95 ) several months to obtain tax-free! Gambling related content is not intended for anyone under the Age of 21 plays professional football the..., Height, Physical stats, Dating/Affairs, Family and career updates the. For 1,722 yards and 12 touchdowns to present the appropriate evidence of the 10 to 16 months recommended 12. Was re-signed by the Philadelphia Eagles running back correll Buckhalter 's Biography Age... Six months of home detention plus three years probation were credited for previous served! Website belongs to an official government organization in the letter correll buckhalter wife, 6:09.... Former Philadelphia Eagles running back correll Buckhalter was born c. 1974 the private paternity test exists, so the should! On behalf of Joseph F. v. Rial,19 we addressed whether paternity test exists, so referee! Company, and later called the office to reschedule, and keep up with all latest... The evidence showed that Buckhalter earned $ 1,075,000 annually ; the referee concluded that Buckhalter received about $ for. Of free legal information and resources on the web already known or wage stubs of MailOnline in rookie... On correll Buckhalter had a sexual relationship with Jennifer Brown elected into the Hall of Fame at.... 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