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. inLaurel,MS, College: In exchange for submitting the false and fraudulent claims, McCune demanded kickbacks and bribes in the thousands of dollars for each claim submitted. All rights reserved. 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. If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER. Buckhalter attempts to distinguish this case by arguing that 25-534 required notice of the hearing. Buckhalter will have to self-report to a prison facility by 2 p.m. on Jan. 18. 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. Brown's testimony established that the paternity test exists, so the referee was aware of the test results at the evidentiary hearing. Buckhalter was not charged in the case. 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. 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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. 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. But the referee's table reveals that even with such deductions, the child support award would change very little. In re Interest of Kelley D. & Heather D., 256 Neb. State on behalf of Joseph F. v. Rial, supra note 8. 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. Buckhalter, a former Nebraska running back, was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. He was selected for the all-state team, and during his junior year when he rushed for 1,302 yards. Buckhalter was a fourth-round selection of the Eagles back in 2001 and spent 8 seasons with the team. 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 had 11 100+ yard games in college while starting only nine times and scored 27 touchdowns at Nebraska. On September 2, 2005, the State notified Buckhalter that a hearing would be held on September 13 to determine paternity and child support. During his senior year, he rushed for 1,722 yards and 12 touchdowns. He alleges that the evidence of his income-employment verification forms submitted by the Philadelphia Eagles-was insufficient because tax returns, financial statements, and wage stubs should be used. The wife had been personally served with summons and a copy of the petition, but did not answer or appear. The trio had pleaded guilty to conspiracy to commit health care fraud. Michael Tanenbaum Do not sell or share my personal information. Thus, his due process rights were not violated. Of the four, Buckhalter's punishment was more. 42-364.16 (Reissue 2004); Gangwish v. Gangwish, supra note 2. 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. The indictment further alleges that the ringleaders of the fraud recruited other eligible former NFL players to participate in the scheme. Between June 5, 2017, and April 12, 2018, he submitted 68 claims for 51 other players. Stay up-to-date with how the law affects your life. Montgomery, who played for what was known as the Washington Redskins, filed two phony claims worth roughly $94,000, court records show. Correll Buckhalter was born in Laurel, MS. Correll Buckhalter weighed 223 lbs (101 kg) when playing. 23. She replies to comments she shouldn't reply to online and thinks the CFP Rankings are absolutely rigged. As a former player, you always miss the grounds. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. She also wrote that her husband had been volunteering at the Covenant Christian Academy for six years to positively impact youth. 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. Further, she provided a table which shows her calculations. Javascript is required for the selection of a player. In June 2004, the State filed a complaint against Buckhalter to establish paternity and award child support. 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. 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. Health care fraud of this nature contributes greatly to the inflated cost of health care in this country, prosecutors wrote in court records. In all, the players submitted more than $3.9 million in fraudulent claims, prosecutors have said. U.S. District Judge Karen K. Caldwell delivered sentences to Correll Buckhalter . After playing college football for Nebraska, he was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. 's father and ordered child support consistent with the referee's recommendations. 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 was not charged in the case. 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; They recommended the shorter length. It asserted that its policy did not cover the acts upon which the suit was based. [9] He was sentenced to 10 months in prison and 300 days of house arrest in October 2021.[10][11]. Buckhalter was selected by the Eagles in the fourth round of the 2001 NFL draft and spent eight seasons in Philadelphia. Caldwell sentenced Brown to one year and one day in prison and ordered him to pay $84,777 in restitution. 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. Find out more. 721, 605 N.W.2d 454 (2000). Copyright 2000-2023 Sports Reference LLC. Fraudulent claims were made to the health care fund on behalf of participants, who then paid kickbacks to organizers. We know that Lafonda N. (Williams) Buckhalter had been residing in Texas . The State, however, argues that it did disclose the existence of the paternity test exculpating Buckhalter through testimony. If the bet loses, the FanDuel Sportsbook will refund you in site credit. 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. Buckhalter, however, was in the best position to provide more thorough evidence of his income. 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. Farm Heroes Saga, the #4 Game on iTunes. Brown testified that A.E. He also contends that the referee improperly used his gross income instead of net income. * Selected to Pro Bowl, + First-Team AP All-Pro, Bold indicates league leader, Transaction, fine, and suspension data since 2002. 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. Buckhalter argues that the court should have vacated the default finding of paternity because he has a meritorious defense. Buckhalter has not been charged with any crime and strongly denied any link to Beckles. The referee acted well within her discretion in recommending $4,035. We are no longer accepting comments on this article. The trial court did not err in denying Buckhalter's motion to vacate because he does not have a meritorious defense. What is Kentuckys ceiling for an NCAA Tournament seed? Section 25-534 designates how service should be made in any action or proceeding. Buckhalter's alleged meritorious defense is that the private paternity test results excluded him as the child's father. Kickbacks to organizers at FindLaw.com, we pride ourselves on being the number one source free! The private paternity test exists, so the referee acted well within her discretion in recommending 4,035. Fraudulent claims were made to the inflated cost of health care fraud, buckhalter & # x27 ; punishment. And during his senior year, he rushed for 1,722 yards and 12.... His gross income instead of net income reveals that even with such deductions, the # Game! 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