9. Join our linker program. Because the Nebraska Child Support Guidelines do not set out support amounts for income levels over $10,000 per month, the referee extrapolated from the child support chart to calculate an appropriate support level. 501, 576 N.W.2d 826 (1998). Prosecutors suggested in court records that Montgomerys sentence be on the low end of the 10 to 16 months recommended. But prosecutors said Buckhalter also was a leader and organizer in a separate, similar conspiracy that operated in the same manner as McCunes scheme. Buckhalter attempts to distinguish this case by arguing that 25-534 required notice of the hearing. Rogers was sentenced to 180 days on home detention, 400 hours of community service and fined $10,000. 's father by default under 43-1412(2). The trial court did not err in adopting the child support recommendation. The test purported to exclude him as the father. Nevertheless, she wanted to deter other people from thinking they can get away with fraud. looks like Buckhalter. A top bracketologist weighs in. He was selected for the all-state team, and during his junior year when he rushed for 1,302 yards. 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. 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. Buckhalter went on to play for the Denver Broncos for two seasons in 2009 and 2010 before retiring. Get the latest news, stats, videos, highlights and more about running back Correll Buckhalter on ESPN. We've received your submission. Get the Daily OutKick and get smarter every day. Destiny 98 TD v. Miodowski, 269 Neb. Buckhalter's NFL career was marred by injuries. McCune and others submitted fraudulent claims for medical care or equipment that they didnt pay for or receive. In his eight years with the Philadelphia Eagles, Correll Buckhalter has never been anything but a backup running backand that's exactly what makes him one of the best team players in the NFL.. They assert that Buckhalter's defense is simply to deny paternity. He rushed for 147 yards and also caught 28 passes for 240 yards. They recommended the shorter length. Montgomery, who played for what was known as the Washington Redskins, filed two phony claims worth roughly $94,000, court records show. After the season, Buckhalter was re-signed by the Eagles for two years. He pleaded not guilty to the charge. October 6,1978 Correll Buckhalter was born on October 6, 1978. The State, however, argues that it did disclose the existence of the paternity test exculpating Buckhalter through testimony. The scheme was primarily orchestrated by former NFL player Robert McCune, who recruited others to join him in the operation. Buckhalter has sent A.E. On September 2, 2005, the State notified Buckhalter that a hearing would be held on September 13 to determine paternity and child support. During sentencing hearings held Monday and Tuesday, Caldwell said she believed the three former NFL players had genuine regret for what they did. Correll Buckhalter, who played for the Philadelphia Eagles and Denver Broncos, was handed down the stiffest sentence of 10 months prison time followed by as many months of house arrest, the Lexington Herald-Leader reported. Who Is Correll Buckhalter's Wife? 328, 682 N.W.2d 702 (2004). 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. Buckhalter would not return to the field again until the 2003 season. He played his final two seasons in Denver before retiring at the end of the 2010 season. Buckhalter, who's currently a volunteer for the Kansas City Chiefs, accepted responsibility in court Monday. 1997 Nebraska Cornhuskers footballUSA Today/ESPN national champions, Alleged Drug Dealer Names Bronco As Client, Buckhalter Denies Buying Drugs from PA Dealer, "Ten Former NFL Players Charged in Alleged Nationwide Fraud on Health Care Benefit Program for Retired NFL Players", "More former NFL players pleading guilty in health fraud case in Kentucky", "Six Former NFL Players Charged in Superseding Indictment Alleging Nationwide Fraud on Health Care Benefit Program for Retired NFL Players", "Former NFL players sentenced in multimillion-dollar fraud scheme", "Former NFL Player Sentenced to Prison for Nationwide Health Care Fraud Scheme", https://en.wikipedia.org/w/index.php?title=Correll_Buckhalter&oldid=1131982026, Players of American football from Mississippi, African-American players of American football, 21st-century African-American sportspeople, 20th-century African-American sportspeople, Articles with dead external links from July 2019, Articles with permanently dead external links, Articles with dead external links from January 2018, Short description is different from Wikidata, NFL player missing current team parameter, Infobox NFL biography articles missing alt text and caption, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 6 January 2023, at 18:36. Gambling related content is not intended for anyone under the age of 21. Discover today's celebrity birthdays and explore famous people who share your birthday. Starr v. King, 234 Neb. Read up on Correll Buckhalter's biography, career, awards and more on ESPN. "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. In 2007, he saw action at running back as well as at kick returner. Buckhalter assigns that the district court erred in (1) adopting and refusing to vacate the default judgment of paternity, (2) denying his motion to compel discovery of genetic testing evidence in the State's possession, (3) violating his due process rights, and (4) approving the referee's child support calculation. 23. It also requires that for parties appearing in an action without an attorney, service by mail must be to the address designated on the record or to a party's last-known address.. Do you have a blog? 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. Correll Buckhalter played 103 games over his career. On February 27, 2009, Buckhalter signed a four-year, $10 million contract with the Denver Broncos. He was reimbursed for about $47,225. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. McCune pleaded guilty to one count of conspiracy to commit health care fraud and wire fraud, 10 counts of wire fraud, 12 counts of health care fraud and three counts of aggravated identity theft. 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. Our reasoning for presenting offensive logos. In his rookie season of 2001, Buckhalter showed flashes of the potential the Eagles saw when he was drafted. Do you have a sports website? 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. In total, eight players were sentenced to jail time; the others received . Correll Buckhalter, Anthony Montgomery and Darrell Reid were sentenced by U.S. District Judge Karen K. Caldwell, the Lexington Herald-Leader reports. 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 did not attend the hearing, nor did he contact the county attorney's office again before the October 25, 2005, hearing. 4. At the hearing, the State produced employment verification forms submitted by the Philadelphia Eagles showing Buckhalter's salary. In 2007, he saw action at running back as well as at kick returner. An official website of the United States government. The deal included $1.8 million guaranteed. 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. Eubanks worked with McCune to recruit more players to file more claims in those players names, according to court records. It's also available for basketball, baseball and hockey. He paid Eubanks an $8,000 kickback. (b)Use of Gross Income Instead of Net Income, Buckhalter contends that the court erred in calculating his child support obligation using his gross monthly income. 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. Section 25-534 does not apply to Buckhalter because he did not appear until after the hearing had taken place. On December 12, 2005, Buckhalter moved to dismiss and vacate the referee's report and filed exceptions to the referee's report and notice of appeal and hearing. The existence of Buckhalter's unverified test results does not create a meritorious defense that would require the district court to vacate the referee's findings. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In 2010, Buckhalter played in 15 games as a reserve. 2. On September 9, Buckhalter was personally served with a summons and a copy of the complaint at the Eagles headquarters in Philadelphia, Pennsylvania. During his senior year, he rushed for 1,722 yards and 12 touchdowns. 1. 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. Stay up-to-date with how the law affects your life. After playing college football for Nebraska, he was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. Buckhalter has had to deal with adversity over his career. 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. The notice was delivered by regular U.S. mail to Buckhalter's Mississippi, Pennsylvania, and New Jersey addresses. Accord Joyce v. Joyce, 229 Neb. Buckhalter was a fourth-round selection of the Eagles back in 2001 and spent 8 seasons with the team. 17. He scored 4 total touchdowns. Or write about sports? 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. At 44 years old, Correll Buckhalter height Three former NFL players were sentenced Monday for their role in defrauding a health care program for the leagues retired athletes, a report said. State on behalf of Joseph F. v. Rial, supra note 8. 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. Of the four, Buckhalter's punishment was more. Additional charges are expected to be filed against former Saints receiver Joe Horn and former Chargers receiver Reche Caldwell. is 183cm and Weight 98kg. On February 27, 2009, Buckhalter signed a four-year, $10 million contract with the Denver Broncos. Correll Buckhalter had 2,944 receiving yards over his career. But in Quintela, the validity and reliability of the testing was not at issue. Those other players include former New Orleans Saints Joe Horn, who pleaded guilty in 2019 and is scheduled to be sentenced in October, as well as McCune, John Eubanks, Tamarick Vanover, Ceandris (C.C.) Buckhalter (pictured), an ex-Eagles running back, took in $121,000 in fake claims, Anthony Montgomery got 10 months of house arrest for filing $94,000 in false claims, Darrell Reid, who played linebacker for the Colts and Broncos, made $93,000 on the scheme. The other two ex-players, Anthony Montgomery and Darrell Reid, were sentenced by US District Judge Karen Caldwell to 10 months house arrest. 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. 18. Buckhalter alleges that the State failed to provide notice of the evidentiary hearing to establish paternity and award child support. 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. New users can lock in this offer NOW by clicking this link. Reid has to pay a portion of $46,971 in restitution, which will be split between him and other conspirators. 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. However, she did not have evidence of any deductions to which he would be entitled in calculating child support, so she used Buckhalter's gross income in the calculation. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Correll Buckhalter, Anthony Montgomery, Darrell Reid and Fredrick Bennett were sentenced by U.S. District Judge Karen K. Caldwell this week. In April 2004, Buckhalter and Brown arranged for private genetic testing to determine if Buckhalter was the father. Correll Buckhalter, who played for the Philadelphia Eagles and Denver Broncos, was handed down the stiffest sentence of 10 months prison time followed by as many months of house arrest, . According to court documents, Robert McCune, 42, of Riverdale, Georgia, defrauded the Gene Upshaw NFL Player Health Reimbursement Account Plan (the Plan). 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. at 267, 369 N.W.2d at 361. Former Philadelphia Eagles running back Correll Buckhalter finds himself in the middle of some controversy. On March 1, 2006, he moved to compel discovery of the private genetic test results and to continue the hearing. We conclude that he was not entitled to notice of the hearing. Buckhalter's NFL career was marred by injuries. This situation is not Corrells character at all, LaFonda Buckhalter wrote in the letter. All rights reserved. Question, Comment, Feedback, or Correction? , money, salary, income, and assets. Brown testified that she was unemployed so that she could stay at home to care for another child of hers who was ill. She had previously received Medicaid, but stopped receiving payments in anticipation of receiving child support from Buckhalter. Correll was too young to remember his mother before she died, but it left him wondering what his mother was like. Brown had sexual relationships with three men about the time A.E. See Miller v. Steichen, 268 Neb. Montgomery, Reid and Bennett were towards the bottom in the fraud schemes hierarchy, Assistant U.S. Attorney Andrew Smith said in court Tuesday. Buckhalter graduated from Collins in 1997. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. Buckhalter argues that the court should have vacated the default finding of paternity because he has a meritorious defense. The wife had been personally served with summons and a copy of the petition, but did not answer or appear. Table 1, however, does not provide for support amounts when combined net monthly income exceeds $10,000. After the district court entered the default judgment, she moved to vacate, arguing that she had not received notice of the dissolution hearing. Please see our Contributors and Sources page for data source details. Montgomery, 38, submitted two bogus claims worth about $94,046, according to court records. 339, 451 N.W.2d 82 (1990). There, the testimony revealed in detail the procedures used and the chain of custody involved in handling the paternity test. He sees pictures and hears stories about her from his father, but nothingcan really fill the void. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Use without license or authorization is expressly prohibited. Out of the 15 players who pleaded guilty in this case, nine have been sentenced. She replies to comments she shouldn't reply to online and thinks the CFP Rankings are absolutely rigged. When he can, Mr. Correll Buckhalter enjoys watching the Philadelphia . 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. [5] Buckhalter has not been charged with any crime and strongly denied any link to Beckles.[6]. He no longer participates in these services, however, because of the cost. 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. Due Process(a)Failure to Provide Notice of Evidentiary Hearing. He is from United States. I just want to express my deepest regrets, remorse, Bennett said in court Tuesday. Buckhalter, a former Nebraska running back, was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. In early September, former Washington Redskins running back Clinton Portis has pleaded guilty to the healthcare fraud scheme. None of the players charged lived in Kentucky. Jul 25 2011 Released by Denver (DEN) Feb 27 2009 Signed a 4 year $10 million contract with Denver (DEN) Mar 16 2007 Signed a 2 year $1.6 million contract with Philadelphia (PHI) Mar 2 2005 Signed a 2 year $1.4 million contract with Philadelphia (PHI) Apr 30 2004 Signed a 1 year $628k contract with Philadelphia (PHI) May 24 2001 Signed a 3 year . 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