In re Interest of Kelley D. & Heather D., 256 Neb. He has received counseling through a psychiatrist, participated in a therapeutic program called Karate Kicks, and attended a specialized daycare center to address his needs. 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; 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. The wife had been personally served with summons and a copy of the petition, but did not answer or appear. During his senior year, he rushed for 1,722 yards and 12 touchdowns. Jeremy Chisenhall covers criminal justice and breaking news for the Lexington Herald-Leader and Kentucky.com. 2. Lindsay K. Lundholm and William G. Dittrick, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, L.L.P., Omaha, for appellant. Buckhalter argues that the employment verification forms the State introduced to show Buckhalter's income were inadequate. The trial court did not err in denying Buckhalter's motion to vacate because he does not have a meritorious defense. 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, . Buckhalter has been charged with "one count of conspiracy to commit wire fraud and health care fraud," per The Associated Press. Part of the Daily Mail, The Mail on Sunday & Metro Media Group, At least six people are mowed down by rampaging U-Haul driver in Brooklyn: 'Emotionally disturbed' Asian man in his 60s in custody after striking cop and pedestrians with rented truck, 'They are dead, aren't they?' 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. On March 1, 2006, he moved to compel discovery of the private genetic test results and to continue the hearing. is autistic and has been diagnosed with ADHD. His medication alone costs $300 per month. The former NFL players allegedly submitted fraudulent health care claims seeking to be reimbursed for expensive medical equipment that was never purchased, typically about $40,000 to $50,000 per . 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. Copyright 2023, Thomson Reuters. Correll Buckhalter has not been elected into the Hall of Fame. at 506, 576 N.W.2d at 830. Destiny 98 TD v. Miodowski, 269 Neb. He paid Eubanks an $8,000 kickback. Evidence revealed that A.E. 15. Montgomery, who played for what was known as the Washington Redskins, filed two phony claims worth roughly $94,000, court records show. State on behalf of Joseph F. v. Rial, supra note 8. In June 2004, the State filed a complaint against Buckhalter to establish paternity and award child support. 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. The State of Nebraska sued Correll Buckhalter on behalf of A.E., a minor child, to establish paternity and award child support. The referee found that Buckhalter is A.E. Thus, his due process rights were not violated. , money, salary, income, and assets. Megan graduated from the University of Central Florida and writes and tweets about anything related to sports. Court documents show that McCune submitted false and fraudulent claims to the Plan on his own behalf and on behalf of dozens of other former NFL players. On May 25, the State filed an affidavit informing the court that Buckhalter had not submitted to genetic testing as ordered. On September 9, Buckhalter was personally served with a summons and a copy of the complaint at the Eagles headquarters in Philadelphia, Pennsylvania. "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. On this Wikipedia the language links are at the top of the page across from the article title. Correll Buckhalter was born on October 6, 1978. Buckhalter was not charged in the case. Farm Heroes Saga, the #4 Game on iTunes. She extended that pattern until she reached a monthly income of $89,000. 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. Beren Corp. v. Spader, supra note 11. Brown (left), Etric Pruitt (center) and John Eubanks (right). She further recommended retroactive child support from July 2004-the date the complaint was served on Buckhalter-for a total of 17 months. Sobbing Alex Murdaugh is seen in graphic bodycam video yards away from his wife and son's bloodied bodies as he tells cops 'it's bad', Will Alex Murdaugh's 'hitman' cousin Eddie take the stand? On September 2, 2005, the State notified Buckhalter that a hearing would be held on September 13 to determine paternity and child support. 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. 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. Buckhalter contends that the district court should have vacated the referee's report concluding that Buckhalter is A.E. The first claim was approved and Reid received about $46,971. 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. Born: The outside linebacker/defensive end was part of the Colts Super Bowl XLI winning team against the Chicago Bears. 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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. His season totals included 345 rushing yards on 83 carries, 24 receptions, 256 receiving yards and three touchdowns. The other two ex-players, Anthony Montgomery and Darrell Reid, were sentenced by US District Judge Karen Caldwell to 10 months house arrest. 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. 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 (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 was also a dangerous receiving threat out of the backfield with 24 career receptions for 205 yards and one touchdown. PFR HOF Monitor: 11.03 (423rd among RB, average HOF RB is 106.95). 42-364.16 (Reissue 2004); Gangwish v. Gangwish, supra note 2. Follow her on Twitter and Instagram. Buckhalter has not been charged with any crime and strongly denied any link to Beckles. So, how much is Correll Buckhalter worth at the age of 44 years old? "I participated in something that I know is against the way I was raised," he said.. 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. at 267, 369 N.W.2d at 361. Reids second claim was denied, according to court records. Due Process(a)Failure to Provide Notice of Evidentiary Hearing. As a former player, you always miss the grounds. You are agreeing to OutKick's Terms of Use and Privacy Policy, but don't worry we don't spam. Fraudulent claims were made to the health care fund on behalf of participants, who then paid kickbacks to organizers. Buckhalter contends that the State violated his due process rights by failing to present documentary evidence of the genetic test. In football, he rushed for 3,024 yards over the last two years of his high school years. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The court found that Buckhalter is A.E. We have consistently held that a party who is served with summons and a copy of the complaint and fails to answer or make an appearance in a case is not entitled to further notice of a hearing. 's father is not a meritorious defense. 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. Correll Buckhalters income source is mostly from being a successful . We held that the insurer had sufficiently demonstrated a defense worthy of judicial inquiry.16, In Beren Corp., we addressed whether the trial court should have vacated a default judgment in an action to quiet title to real estate in the plaintiff. After playing college football for Nebraska, he was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. Eight of the players who pleaded guilty in the case have been sentenced, the report said. In April 2004, Buckhalter and Brown arranged for private genetic testing to determine if Buckhalter was the father. Caldwell sentenced Brown to one year and one day in prison and ordered him to pay $84,777 in restitution. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Correll Buckhalter played 103 games over his career. The latest stats, facts, news and notes on Correll Buckhalter of the Denver Broncos 721, 605 N.W.2d 454 (2000). 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. 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.. He was selected for the all-state team, and during his junior year when he rushed for 1,302 yards. The fraud was first reported by Cigna when it detected unusual claims and refused to pay them. Caldwell said the 20-month split sentence she imposed was just below what prosecutors had recommended for Buckhalter. He no longer participates in these services, however, because of the cost. Read up on Correll Buckhalter's biography, career, awards and more on ESPN. By failing to take the genetic testing ordered by the court, Buckhalter passed up the opportunity to present a meritorious defense. Please try again. 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. He sees pictures and hears stories about her from his father, but nothingcan really fill the void. 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. S-06-693. The trio had pleaded guilty to conspiracy to commit health care fraud. And the State attempted for several months to obtain reliable genetic test results after warning Buckhalter that the private paternity test was insufficient. A .gov website belongs to an official government organization in the United States. 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Real-time updates and all local stories you want right in the palm of your hand. Prosecutors wrote in court records that Bennetts sentence range should be between six and 12 months in prison. Correll Buckhalter's net worth He also contends that the referee improperly used his gross income instead of net income. New users can lock in this offer NOW by clicking this link. The three are among 15 who have pleaded guilty in the case, which involved retired players making false claims under the Gene Upshaw NFL Player Health Reimbursement Account Plan. After the trial court entered a default judgment against the insurance company, the company moved to vacate the judgment. Correll Buckhalter had 2,944 receiving yards over his career. was conceived, including Buckhalter. 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. In total, he and his co-conspirators received nearly $750,000 in fraudulent reimbursements. At the hearing, the State produced employment verification forms submitted by the Philadelphia Eagles showing Buckhalter's salary. He pleaded not guilty to the charge. Buckhalter, however, was in the best position to provide more thorough evidence of his income. 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 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. He paid McCune at least $7,000 in kickbacks. Section 25-534 does not apply to Buckhalter because he did not appear until after the hearing had taken place. All four players had pleaded guilty to conspiracy to commit health care fraud, according to court records. 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. Buckhalter was selected by the Eagles in the fourth round of the 2001 NFL draft and spent eight seasons in Philadelphia. 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. 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Gambling related content is not intended for anyone under the age of 21. Otherwise, the hearing on the State's motion would take place. Who Is Correll Buckhalter's Wife? 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 went on to play for the Denver Broncos for two seasons in 2009 and 2010 before retiring. The 2006 season marked his first action since the 2003 NFC Championship Game. 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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. 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. On July 28, 2011, he was released by Denver. 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. 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. While still recovering, Buckhalter and Bryan Scott made cameo appearances in the comedy movie, White Men Can't Rap. Beren Corp. v. Spader, supra note 11. In 2010, Buckhalter played in 15 games as a reserve. Buckhalter was not charged in the case. Out of the 15 players who pleaded guilty in this case, nine have been sentenced. 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. 2. She recommended that the court award child support of $4,035 per month. Buckhalter argues that the court erred in approving the referee's child support recommendation. Buckhalter attempts to distinguish this case by arguing that 25-534 required notice of the hearing. The court, however, denied all of his motions and overruled the exceptions. Or write about sports? He scored two touchdowns that season. Even allowing for deductions worth half Buckhalter's income would yield a support amount of $3,929-a difference of $106 or about 2.5 percent. Correll was too young to remember his mother before she died, but it left him wondering what his mother was like. Montgomery, 38, submitted two bogus claims worth about $94,046, according to court records. But in Quintela, the validity and reliability of the testing was not at issue. Buckhalter has had to deal with adversity over his career. He now suggests that the State should have used discovery to gain information about his income. Before sentencing him, Caldwell said she believed Bennett displayed true acceptance of responsibility.. He was reimbursed for about $47,225. 2023 WWB Holdings, LLC. Javascript is required for the selection of a player. We have tools and resources that can help you use sports data. In Tejral v. Tejral,3 the district court entered a default judgment dissolving the parties' marriage. All rights reserved. I just want to express my deepest regrets, remorse, Bennett said in court Tuesday. 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. Correll Buckhalter Position: RB 6-0 , 223lb (183cm, 101kg) Born: October 6 in Laurel, MS (Age: 44-133d) More bio, uniform, draft, salary info 28 28 SUMMARY Career G 103 AV 31 Rush 655 Yds 2944 Y/A 4.5 TD 21 FantPt 581.4 Game Logs Career Postseason 2001 2003 2006 2007 2008 2009 2010 Player Game Finder Career 2001 2003 2006 2007 2008 2009 2010 Teaming with Staley and second year Brian Westbrook, he led the team in rushing attempts and rushing touchdowns (eight) gaining 542 yards in the process. At 44 years old, Correll Buckhalter height Decided: April 20, 2007 HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ. has special financial needs. 396, 544 N.W.2d 111 (1996). Social media responds with out-of-this-world jokes after American fighter jets shoot down three UFOs in three days, When will Biden FINALLY break his silence on the mysteries in the skies? Montgomery and Reid were credited for previous time served in jail and sentenced to six months of home detention plus three years probation. 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. He played in all 16 games, but started only once. Prosecutors suggested in court records that Montgomerys sentence be on the low end of the 10 to 16 months recommended. 427, 693 N.W.2d 278 (2005). 4. 's father because, according to her, no one else could have been the father. 's father. Brown, James Butler, Fredrick Bennett and Etric Pruitt. 19. 25. 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Also contends that the private paternity test was insufficient the grounds attempts to distinguish this by! About anything related to sports ( 2000 ) section 25-534 does not apply to Buckhalter because he did not until., a minor child, to establish paternity and award child support the... Due process rights by failing to take the genetic test results after warning Buckhalter the... Improperly used his gross income instead of net income personally served with and... Real ages NFC Championship Game FindLaws newsletters, including our Terms of Service apply the fourth round of genetic. Updates and all local stories you want right in the fourth round of the private testing. Dissolving the parties ' marriage Saga, the hearing on the State filed an affidavit the..., 605 N.W.2d 454 ( 2000 ) sentence range should be between six 12! Receiving yards and three touchdowns or appear for previous time served in and.