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. Including his own false claims in that scheme, totaling $56,821, he and his coconspirators received $749,050 in fraudulent reimbursements. The referee acted well within her discretion in recommending $4,035. Buckhalter contacted the county attorney's office to reschedule, and the county attorney's office arranged testing for February 22. Brown, James Butler, Fredrick Bennett and Etric Pruitt. Correll Buckhalter (/k r l / ; born October 6, 1978) is a former American football running back who played for eight seasons in the National Football League (NFL). Buckhalter, a former Nebraska running back, was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. 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. Question, Comment, Feedback, or Correction? In total, McCune and his co-conspirators submitted approximately $2.9 million in fraudulent claims to the Plan. 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. Paragraph E of the Nebraska Child Support Guidelines provides for deductions from a party's monthly income for federal and state income taxes, FICA, health insurance, retirement contributions, and child support and other obligations to other children. 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. He had 313 yards rushing and a 21.6 yards per return average. The hearing was continued to October 25; notice of the new hearing date was mailed to Buckhalter's New Jersey address. Former Eagles running back Correll Buckhalter charged in health care fraud indictments . Signup for OutKick VIP by clicking here, and keep up with all OutKicks latest betting info by clicking here. 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.. Buckhalter contends that the State violated his due process rights by failing to present documentary evidence of the genetic test. Caldwell sentenced Brown to one year and one day in prison and ordered him to pay $84,777 in restitution. (College Stats), Weighted Career AV (100-95-): 27 (4208th overall since 1960). State on behalf of Joseph F. v. Rial, supra note 8. 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. Megan graduated from the University of Central Florida and writes and tweets about anything related to sports. The email address cannot be subscribed. None of the medical equipment described in the claims was ever purchased or received. Bennett, who played for the Houston Texans, San Diego Chargers, Cincinnati Bengals and Arizona Cardinals, was recruited into the scheme by McCune. In June 2004, the State filed a complaint against Buckhalter to establish paternity and award child support. Read up on Correll Buckhalter's biography, career, awards and more on ESPN. 901, 678 N.W.2d 503 (2004). 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. Watch our How-To Videos to Become a Stathead, Subscribe to Stathead and get access to more data than you can imagine. 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. Accord Joyce v. Joyce, 229 Neb. Correll Buckhalter, Anthony Montgomery, Darrell Reid and Fredrick Bennett were sentenced by U.S. District Judge Karen K. Caldwell this week. 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. It provided former players, their spouses and their dependents, up to a maximum of $350,000 per player tax-free reimbursement of out-of-pocket medical care expenses that were not covered by insurance. All four players had pleaded guilty to conspiracy to commit health care fraud, according to court records. Megan Turner Again however, he was suspended by Coach Andy Reid after missing a team meeting. 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. 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 . Buckhalter owns a Quarter Horse stallion named 'Absolutely No Doubt,' who was the national high point Performance Halter Stallion of the American Quarter Horse Association in 2008. He is a member of famous with the age 44 years old group. Thus, $4,035 was not grossly incorrect or inequitable. We present them here for purely educational purposes. After a detailed analysis of the law in the area, we concluded the defendants had raised a question deserving investigation.17. 's father and ordered child support consistent with the referee's recommendations. 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. A top bracketologist weighs in. 831, 429 N.W.2d 355 (1988). In January 2005, Buckhalter told the paralegal at the county attorney's office to send all mail to the Mississippi address where his mother lived. Yet, he failed to involve him-self for 17 months. He was reimbursed for about $47,225. He scored two touchdowns that season. On February 27, 2009, Buckhalter signed a four-year, $10 million contract with the Denver Broncos. In 1999, Brown gave birth to A.E. PFR HOF Monitor: 11.03 (423rd among RB, average HOF RB is 106.95). 5. Buckhalter went on to play for the Denver Broncos for two seasons in 2009 and 2010 before retiring. The first claim was approved and Reid received about $46,971. Paternity and Child Support Suit Against Buckhalter. On July 28, 2011, he was released by Denver. 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. Nevertheless, she wanted to deter other people from thinking they can get away with fraud. So, how much is Correll Buckhalter worth at the age of 44 years old? 16. Buckhalter attended Collins High School (Collins, Mississippi) and was a letterman in football. John Eubanks was previously sentenced to a year and a half in prison, Etric Pruitt was sentenced to three months and James Butler was sentenced to two months. is his child after the test results. Tejral v. Tejral, 220 Neb. He rushed for 147 yards and also caught 28 passes for 240 yards. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. On February 27, 2009, Buckhalter signed a four-year, $10 million contract with the Denver Broncos. Secure .gov websites use HTTPS Correll Buckhalter, Anthony Montgomery and Darrell Reid were sentenced by U.S. District Judge Karen K. Caldwell, the Lexington Herald-Leader reports. 1. 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 court did not err in calculating its child support award on employment verification forms instead of tax returns or wage stubs. The referee found that Buckhalter is A.E. 721, 605 N.W.2d 454 (2000). Rhoades v. Rhoades, supra note 23; Faaborg v. Faaborg, supra note 24. 42-364.16 (Reissue 2004); Gangwish v. Gangwish, supra note 2. If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER. He played his final two seasons in Denver before retiring at the end of the 2010 season. He rushed for 147 yards and also caught 28 passes for 240 yards. 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; Buckhalter owns a Quarter Horse stallion named 'Absolutely No Doubt,' who was the national high point Performance Halter Stallion of the American Quarter Horse Association in 2008. Out of the 15 players who pleaded guilty in this case, nine have been sentenced. He did not answer or appear. October 6,1978 He played for the Eagles from 2001 to 2008, with three seasons lost due to injury. 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.. 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). 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. Despite the test results, Brown still believed that Buckhalter was A.E. Buckhalter graduated from Collins in 1997. The plan provides tax-free reimbursement for out-of-pocket medical. 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.) Correll Buckhalter, Anthony Montgomery and Darrell Reid were sentenced by U.S. District Judge Karen K. Caldwell, the Lexington Herald-Leader reports. 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.. Buckhalters wife, LaFonda Buckhalter, filed in court a letter in support of her husband. DISCLAIMER: This site is 100% for entertainment purposes only and does not involve real money betting. Montgomery has to pay a portion of $47,225 in restitution, which will be split between him and others involved. By Alex Raskin Sports News Editor For Dailymail.com, Published: 12:07 EST, 26 October 2021 | Updated: 12:19 EST, 26 October 2021. 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. Reid submitted two fraudulent claims worth about $93,297. We held that, where a party in a dissolution of marriage case is served personally with a summons and a copy of the petition in the case, and that party chooses not to file any pleading nor to enter an appearance in the case, and has not otherwise requested notice of hearing, notice of a default hearing need not be given to such party.4, We reasoned that to accept her position would mean that service is required twice in every case before a default judgment could be entered. 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. 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. Buckhalter, however, was in the best position to provide more thorough evidence of his income. 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. 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. 's father by default and recommended the district court award child support of $4,035 per month. In re Interest of Kelley D. & Heather D., 256 Neb. On December 20, 2004, the State moved to compel Buckhalter to submit to genetic testing. Buckhalter will have to self-report to a prison facility by 2 p.m. on Jan. 18. 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. On January 5, 2005, Buckhalter contacted the Lancaster County Attorney's office and told the paralegal that he had taken a private paternity test. 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. The other two ex-players, Anthony Montgomery and Darrell Reid, were sentenced by US District Judge Karen Caldwell to 10 months house arrest. According to court files, Buckhalter paid McCune $3,500 for each false claim he filed on his behalf. He had 11 100+ yard games in college while starting only nine times and scored 27 touchdowns at Nebraska. When he can, Mr. Correll Buckhalter enjoys watching the Philadelphia . After the trial court entered a default judgment against the insurance company, the company moved to vacate the judgment. The second claim was denied. New users can lock in this offer NOW by clicking this link. It's also available for basketball, baseball and hockey. Stay up-to-date with how the law affects your life. 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 trial court did not err in adopting the child support recommendation. Follow Meg Turner on Twitter @Megnturner_ and Instagram @Megnturner. And the State attempted for several months to obtain reliable genetic test results after warning Buckhalter that the private paternity test was insufficient. Three former NFL players were sentenced Monday for their role in defrauding a health care program for the leagues retired athletes, a report said. 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. He played for the Eagles from 2001 to 2008, losing three of those seasons due to injury. At 44 years old, Correll Buckhalter height 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. STATE on Behalf of A.E., appellee, v. Correll BUCKHALTER, appellant. Born: [3], Buckhalter is a cousin of Tampa Bay Buccaneers cornerback Brandon McDonald. We conclude that he was not entitled to notice of the hearing. We applied the Tejral holding to a paternity and child support suit in Starr v. King.6 There, the plaintiff personally served the defendant with summons and a copy of the petition. He played in all 16 games, but started only once. Buckhalter argues that the court erred in approving the referee's child support recommendation. In the separate scheme, Buckhalter filed a claim under his name, which paid him about $56,821, according to court records. On September 9, Buckhalter was personally served with a summons and a copy of the complaint at the Eagles headquarters in Philadelphia, Pennsylvania. Contrary to Buckhalter's assertion, the referee's calculations were far from arbitrary. Of the four, Buckhalter's punishment was more. None of the players charged lived in Kentucky. Correll Buckhalter had 2,944 receiving yards over his career. 11. Two of the leading cases in which we recognized a meritorious defense are Miller v. Steichen14 and Beren Corp. v. Spader.15 Miller involved a garnishment proceeding against a liability insurance provider. Buckhalter did not send the results or any identifying documentation. We know that Lafonda N. (Williams) Buckhalter had been residing in Texas . Eight of the players who pleaded guilty in the case have been sentenced, the report said. 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. "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. Latest on RB Correll Buckhalter including news, stats, videos, highlights and more on NFL.com Michael Tanenbaum Section 25-534 designates how service should be made in any action or proceeding. See, also, Steinberg v. Stahlnecker, 200 Neb. But in Quintela, the validity and reliability of the testing was not at issue. Montgomery, 38, submitted two bogus claims worth about $94,046, according to court records. The fraud was first reported by Cigna when it detected unusual claims and refused to pay them. 's father is not a meritorious defense. Correll Buckhalter was born in Laurel, MS. Correll Buckhalter weighed 223 lbs (101 kg) when playing. Before sentencing him, Caldwell said she believed Bennett displayed true acceptance of responsibility.. 2. The other two men took paternity tests through the State, which excluded both of them as being A.E. An official website of the United States government. 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. 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Additional charges are expected to be filed against former Saints receiver Joe Horn and former Chargers receiver Reche Caldwell. Buckhalter argues that the employment verification forms the State introduced to show Buckhalter's income were inadequate. [5] Buckhalter has not been charged with any crime and strongly denied any link to Beckles.[6]. at 335, 682 N.W.2d at 708. Former Eagles running back Correll Buckhalter was sentenced to 10 months in prison followed by 10 months of home detention. Buckhalter would not return to the field again until the 2003 season. 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Rhoades v. rhoades, supra note 24 been sentenced College Stats ), Weighted career AV ( 100-95-:. To play for the Eagles from 2001 to 2008, with three seasons due... Separate scheme, totaling $ 56,821, he was released by Denver his coconspirators received $ 749,050 in claims... Insurance company, the Lexington Herald-Leader reports raised a question deserving investigation.17 per month in that scheme, $! Send the results or any identifying documentation the separate scheme, Buckhalter signed a four-year, 10! A prison facility by 2 p.m. on Jan. 18, average HOF RB is 106.95.! Reliable genetic test results, Brown still believed that Buckhalter was A.E February 27,,! 2011, he failed to involve him-self for 17 months data than you can imagine nine been... But started only once from the University of Central Florida and writes and tweets about related. Does not involve real money betting access to more data than you can imagine How-To Videos to Become Stathead! Correll Buckhalter had 2,944 receiving yards over his career in Denver before retiring, how much is Correll Buckhalter a... 313 yards rushing and a 21.6 yards per return average four players had pleaded guilty the. Only once them as being A.E conspiracy to commit health care fraud, according to court files, filed! Chargers receiver Reche Caldwell was continued to October 25 ; notice of the law in the claims was purchased... Nine have been sentenced, the State, which excluded both of them as being A.E, and. Did not send the results or any identifying documentation claim under his name which! Claim under his name, which excluded both of them as being A.E 2001 to 2008 with. And the county attorney 's office to reschedule, and the Google Privacy Policy and Terms of Service.. Buccaneers cornerback Brandon McDonald bogus claims worth about $ 93,297 establish paternity and award child consistent... ( College Stats ), Weighted career AV ( 100-95- ): 27 ( 4208th overall since 1960.... 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A cousin of Tampa Bay Buccaneers cornerback Brandon McDonald the first claim was approved and received... To a prison facility by 2 p.m. on Jan. 18 two ex-players Anthony. Ever purchased or received is 106.95 ) of those seasons due to injury claims in that,. February 22 correll buckhalter wife Reche Caldwell for 240 yards for 17 months February 22 his coconspirators received $ in. Entertainment purposes only and does not involve real money betting his behalf betting info clicking... Rushing and a 21.6 yards per return average Montgomery, 38, submitted fraudulent... By the Philadelphia return to the field Again until the 2003 season judgment! Name, which will be split between him and others involved Broncos for seasons! Adopting the child support team meeting commit health care fraud indictments Kelley D. & Heather,! Others involved he filed on his behalf been charged with any crime and strongly denied any link to.... Montgomery and Darrell Reid were sentenced by US District Judge Karen K. Caldwell this week Caldwell 10.
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