Former Eagles running back Correll Buckhalter was sentenced to 10 months in prison followed by 10 months of home detention. Two claims were filed in Bennetts name, the first of which paid him about $39,025. Buckhalter has sent A.E. 2. 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. Three former NFL players were sentenced on Monday for their roles in a multimillion dollar health care fraud scheme. 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. 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. 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. 1, 554 N.W.2d 769 (1996). Buckhalter went on to play for the Denver Broncos for two seasons in 2009 and 2010 before retiring. 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. Buckhalter contends that the State violated his due process rights by failing to present documentary evidence of the genetic test. Buckhalter argues that this evidence creates a genuine factual controversy. He cites the Nebraska Court of Appeals' decision in Quintela v. Quintela21 for the rule that medical evidence of nonpaternity convincingly rebuts the presumption of paternity arising from marriage. Buckhalter was also a dangerous receiving threat out of the backfield with 24 career receptions for 205 yards and one touchdown. Secure .gov websites use HTTPS If the bet loses, the FanDuel Sportsbook will refund you in site credit. Every Sports Reference Social Media Account, Site Last Updated: Wednesday, March 1, 2:31PM. Correll Buckhalter played 103 games over his career. 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. Destiny 98 TD v. Miodowski, 269 Neb. He had 11 100+ yard games in college while starting only nine times and scored 27 touchdowns at Nebraska. 'I accept all responsibility for what I've done,' Montgomery said in court Monday, calling his decision a 'foolish mistake,' according to the Lexington Herald-Leader. In early September, former Washington Redskins running back Clinton Portis has pleaded guilty to the healthcare fraud scheme. Buckhalter, 41, allegedly is among a group of former players who sought reimbursements for expensive equipment that they never purchased. Former Philadelphia Eagles running back Correll Buckhalter finds himself in the middle of some controversy. Buckhalter would not return to the field again until the 2003 season. Buckhalter has been charged with "one count of conspiracy to commit wire fraud and health care fraud," per The Associated Press. Correll Buckhalter had 2,944 receiving yards over his career. 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. Play it now! He rushed for 147 yards and also caught 28 passes for 240 yards. 22. Ceandris Brown and Carlos Rogers have also been sentenced. Montgomery, 38, submitted two bogus claims worth about $94,046, according to court records. He was selected for the all-state team, and during his junior year when he rushed for 1,302 yards. But the referee's table reveals that even with such deductions, the child support award would change very little. 15. Lindsay K. Lundholm and William G. Dittrick, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, L.L.P., Omaha, for appellant. Including his own false claims in that scheme, totaling $56,821, he and his coconspirators received $749,050 in fraudulent reimbursements. See Miller v. Steichen, supra note 11, 268 Neb. 's father by default and recommended the district court award child support of $4,035 per month. Buckhalter argues that the court should have vacated the default finding of paternity because he has a meritorious defense. Just 19 months after Correll was born, his mother, Ruth Buckhalter, died after a valve in herheart burst. Gambling related content is not intended for anyone under the age of 21. Evidence revealed that A.E. is his child after the test results. After playing college football for Nebraska, he was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. Buckhalter contends that the district court should have vacated the referee's report concluding that Buckhalter is A.E. She testified that Buckhalter continued to acknowledge that A.E. In 2007, he saw action at running back as well as at kick returner. New users can lock in this offer NOW by clicking this link. 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). The State's failure to introduce the unsubstantiated private paternity test results also did not violate his due process rights. The other two men took paternity tests through the State, which excluded both of them as being A.E. The trio had pleaded guilty to conspiracy to commit health care fraud. 328, 682 N.W.2d 702 (2004). 339, 451 N.W.2d 82 (1990). Anthony MontgomeryClinton PortisCorrell BuckhalterDarrell ReidDenver BroncosIndianapolis ColtsMedia NewsMinnesota Golden GophersNFLNFL DraftNFLPAPhiladelphia EaglesRobert McCuneTamarick VanoverWashington FootballWashington Football TeamWashington Redskins. A party's voluntary inaction and inattention should not be permitted to paralyze the ordinary and orderly functioning of the legal process.5. The court, however, denied all of his motions and overruled the exceptions. 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. 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. "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. by In exchange for submitting the false and fraudulent claims, McCune demanded kickbacks and bribes in the thousands of dollars for each claim submitted. Neb.Rev.Stat. The best insights from the ultimate insiders, Photo by Drew Hallowell/Philadelphia Eagles/Getty Images, 2023 NYP Holdings, Inc. All Rights Reserved. We recommend you to check the complete list of Famous People born on 6 October. 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. October 26, 2021, 1:15 pm STATE on Behalf of A.E., appellee, v. Correll BUCKHALTER, appellant. Get the latest news, stats, videos, highlights and more about running back Correll Buckhalter on ESPN. The ringleaders would then demand thousands of dollars in kickbacks for each fake claim, prosecutors allege. Please see our Contributors and Sources page for data source details. None of the players charged lived in Kentucky. Yet, he failed to involve him-self for 17 months. 's father because, according to her, no one else could have been the father. The Lexington Herald-Leader reports that a handful of players took advantage of that fund to get reimbursed, and the scheme led to nearly $4 million in fraudulent claims being filed. His season totals included 345 rushing yards on 83 carries, 24 receptions, 256 receiving yards and three touchdowns. He now suggests that the State should have used discovery to gain information about his income. Rogers was sentenced to 180 days on home detention, 400 hours of community service and fined $10,000. Yet, he chose not to participate. On March 1, 2006, he moved to compel discovery of the private genetic test results and to continue the hearing. * Selected to Pro Bowl, + First-Team AP All-Pro, Bold indicates league leader, Transaction, fine, and suspension data since 2002. 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. The scheme was primarily orchestrated by former NFL player Robert McCune, who recruited others to join him in the operation. Thus, $4,035 was not grossly incorrect or inequitable. Discover Correll Buckhalter's Biography, Age, Height, Physical Stats, Dating/Affairs, Family and career updates. Please try again. What is Kentuckys ceiling for an NCAA Tournament seed? 's father. Despite the test results, Brown still believed that Buckhalter was A.E. Quintela v. Quintela, 4 Neb.App. 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. Ive learned my lesson.. Buckhalters wife, LaFonda Buckhalter, filed in court a letter in support of her husband. 721, 605 N.W.2d 454 (2000). The complaint and summons were served at Buckhalter's mother's home in Mississippi on July 15, 2004. 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. At 44 years old, Correll Buckhalter height Decided: April 20, 2007 HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ. The State contends that the private paternity test excluding Buckhalter as A.E. 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. 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. 11. 's father and ordered child support consistent with the referee's recommendations. Buckhalter attended Collins High School (Collins, Mississippi) and was a letterman in football. But failure to introduce his genetic test-whose authenticity could not be verified-does not violate a principle of fundamental fairness. The charges were handled here because Cigna, the company that handled claims for the NFL plan, processed them through a center in Lexington. He scored 4 total touchdowns. The referee sent a copy of her findings to Buckhalter on December 2, 2005, at his addresses in Pennsylvania, New Jersey, and Texas. Or write about sports? PhillyVoice Staff, Kennett Township manager allegedly stole $3 million from taxpayers, Chalfont man allegedly faked Navy SEAL career to steal benefits, Easton lawyer allegedly used dead client's money to buy Eagles Super Bowl tickets, Figure skating program in Kensington aims to make the sport accessible for local athletes, Philadelphia Zoo's new exhibit includes life-sized dinosaurs and lots of bugs, Ex-football player from Bucks County among new 'Survivor' competitors, Eagles will host Browns for joint practices in preseason, Six Flags to enhance Hurricane Harbor with more water slides, tree house for young kids, Watch every 'Rocky' movie in order and for free on Pluto TV. The test purported to exclude him as the father. 501, 576 N.W.2d 826 (1998). In general, child support payments should be set according to the Nebraska Child Support Guidelines.22 The guidelines provide that in calculating child support, the court must consider the total monthly income, defined as the income of both parties derived from all sources, except all means-tested public assistance benefits and payments received for children of prior marriages.23, The guidelines are applied as a rebuttable presumption, and all orders for child support shall be established under the provisions of the guidelines unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption.24 A court may deviate from the guidelines whenever the application of the guidelines in an individual case would be unjust or inappropriate.25, (a)Use of Employment Verification Forms Instead of Tax Returns. Frequently Asked Questions about the NFL and Football, Pro-Football-Reference.com Blog and Articles, Subscribe to Stathead Football: Get your first month FREE. Montgomery, who played for the franchise now known as the Washington Football Team, got involved in the scheme after being recruited by John Eubanks, a former teammate. Buckhalter graduated from Collins in 1997. He is from United States. 1. S-06-693. Portis co-defendant is former NFL receiver Tamarick Vanover is reported to have recruited three other former players to make fraudulent claims. Due process rights by failing to present documentary evidence of the legal process.5 $ 749,050 in fraudulent.. Eagles in the operation his junior year when he rushed for 147 yards and one touchdown father default... 19 months after Correll was born, his mother, Ruth Buckhalter, 41, is! Was A.E 10 months of home detention, 400 hours of community service fined! 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