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. By failing to take the genetic testing ordered by the court, Buckhalter passed up the opportunity to present a meritorious defense. Just 19 months after Correll was born, his mother, Ruth Buckhalter, died after a valve in herheart burst. at 335, 682 N.W.2d at 708. 's father by default and recommended the district court award child support of $4,035 per month. 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 made bogus claims to reimburse fraudulent out-of-pocket medical expenses. The second claim was denied. But in Quintela, the validity and reliability of the testing was not at issue. 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. 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.. The scheme involved the players filing bogus claims to the Gene Upshaw NFL Player Health Reimbursement Account Plan for pricey medical equipment they never actually received then getting reimbursed from the fund. Section 25-534 does not apply to Buckhalter because he did not appear until after the hearing had taken place. Or write about sports? He played for the Eagles from 2001 to 2008, with three seasons lost due to injury. Prosecutors suggested in court records that Montgomerys sentence be on the low end of the 10 to 16 months recommended. Jeremy Chisenhall covers criminal justice and breaking news for the Lexington Herald-Leader and Kentucky.com. (a)The District Court Orders Buckhalter to Take a Verified Paternity Test. 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. The evidence showed that Buckhalter earned $1,075,000 annually; the referee concluded that Buckhalter's gross monthly income was $89,583.33. 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). is 183cm and Weight 98kg. 721, 605 N.W.2d 454 (2000). Correll Buckhalter, Anthony Montgomery and Darrell Reid were sentenced by U.S. District Judge Karen K. Caldwell, the Lexington Herald-Leader reports. The outside linebacker/defensive end was part of the Colts Super Bowl XLI winning team against the Chicago Bears. Although he does not play any ball these days, football is still his favorite sport. 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. 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. The county attorney's office rescheduled the paternity test twice more, but Buckhalter did not show up for either of these rescheduled appointments and did not contact the county attorney's office. But prosecutors said Buckhalter also was a leader and organizer in a separate, similar conspiracy that operated in the same manner as McCunes scheme. 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. 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. Although the referee did not consider any deductions which Buckhalter may have been allowed for taxes, the court did not abuse its discretion in adopting her child support recommendation. In June 2004, the State filed a complaint against Buckhalter to establish paternity and award child support. He said the fraud was not of my true character.. Players took advantage of that fund to get reimbursed, and the scheme led to nearly $4 million in bogus claims. 466, 263 N.W.2d 861 (1978); Beren Corp. v. Spader, 198 Neb. He played for the Eagles from 2001 to 2008, with three seasons lost due to injury. Buckhalter, however, failed to answer or otherwise appear. All rights reserved. While still recovering, Buckhalter and Bryan Scott made cameo appearances in the comedy movie, White Men Can't Rap. According to her family tree, she married Correll Buckhalteron April 11, 2008 in Texas . 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. On January 5, 2005, Buckhalter contacted the Lancaster County Attorney's office and told the paralegal that he had taken a private paternity test. U.S. District Judge Karen K. Caldwell delivered sentences to Correll Buckhalter . The State contends that the private paternity test excluding Buckhalter as A.E. (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. Reids second claim was denied, according to court records. Buckhalter was not charged in the case. We've received your submission. Eubanks worked with McCune to recruit more players to file more claims in those players names, according to court records. The defendants moved to vacate the order and presented a proposed answer in which they alleged that the relevant documents showed they had an interest in the real estate. In re Interest of Kelley D. & Heather D., 256 Neb. In football, he rushed for 3,024 yards over the last two years of his high school years. Tejral v. Tejral, 220 Neb. The 43-year-old Buckhalter was also charged in 'a separate, similar conspiracy' in which he filed the claims personally. has special financial needs. If the bet loses, the FanDuel Sportsbook will refund you in site credit. Megan graduated from the University of Central Florida and writes and tweets about anything related to sports. 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. 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 pleaded not guilty to the charge. Learn How rich is He in this year and how He spends money? Eight of the players who pleaded guilty in the case have been sentenced, the report said. Brown had sexual relationships with three men about the time A.E. Beren Corp. v. Spader, supra note 11. The official source for NFL news, video highlights, fantasy football, game-day coverage, schedules, stats, scores and more. Farm Heroes Saga, the #4 Game on iTunes. The charges were handled here because Cigna, the company that handled claims for the NFL plan, processed them through a center in Lexington. 16. On February 27, 2009, Buckhalter signed a four-year, $10 million contract with the Denver Broncos. Buckhalter was selected by the Eagles in the fourth round of the 2001 NFL draft and spent eight seasons in Philadelphia. 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. Montgomery and Reid were credited for previous time served in jail and sentenced to six months of home detention plus three years probation. 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. 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. Due Process(a)Failure to Provide Notice of Evidentiary Hearing. 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. All rights reserved. While a student at the University of Nebraska-Lincoln, Buckhalter had a sexual relationship with Jennifer Brown. The State, however, argues that it did disclose the existence of the paternity test exculpating Buckhalter through testimony. I accept all responsibility for what Ive done, Montgomery said in court Monday. Ive learned my lesson.. After the district court entered the default judgment, she moved to vacate, arguing that she had not received notice of the dissolution hearing. Draft: Philadelphia Eagles in the 4th round (121st overall) of the 2001 NFL Draft. 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. See, Neb.Rev.Stat. His net worth has been growing significantly in 2021-2022. 's father and ordered child support consistent with the referee's recommendations. Former NFL players Correll Buckhalter, Anthony Montgomery and Darrell Reid have been sentenced for their roles in a $4 million scheme to defraud a healthcare program for retired players. Read up on Correll Buckhalter's biography, career, awards and more on ESPN. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 's father because, according to her, no one else could have been the father. The fraud was first reported by Cigna when it detected unusual claims and refused to pay them. 328, 682 N.W.2d 702 (2004). After playing college football for Nebraska, he was drafted by the Philadelphia Eagles in the fourth round of the 2001 NFL Draft. He joined the paper in 2020, and is originally from Erlanger, Ky. Coroner: Suspect in murders of three Kentucky police officers died by suicide, New faces joining WKYT, The CW Lexington at anchor, weather desks, Lexington police officer arrested, charged with abusing a child, Man charged in murders of Kentucky police officers kills himself in jail, officials say. 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?' 1, 554 N.W.2d 769 (1996). The test purported to exclude him as the father. 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. 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. Discover today's celebrity birthdays and explore famous people who share your birthday. 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 State of Nebraska sued Correll Buckhalter on behalf of A.E., a minor child, to establish paternity and award child support. Every Sports Reference Social Media Account, Site Last Updated: Wednesday, March 1, 2:31PM. Correll Buckhalter was born on October 6, 1978. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Buckhalter did not attend the hearing, nor did he contact the county attorney's office again before the October 25, 2005, hearing. at 335, 682 N.W.2d at 708. 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 claims that (1) he did not receive notice of the evidentiary hearing, (2) an unverified, private paternity test exculpates him as the father, and (3) the evidence of his income was insufficient to award child support. 21. He paid Eubanks an $8,000 kickback. 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. 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. His season totals included 345 rushing yards on 83 carries, 24 receptions, 256 receiving yards and three touchdowns. 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.. Another 12 former players have also pleaded guilty in the case, which first opened in 2019. Buckhalter recorded eight multiple rushing touchdown games, and his 28 career touchdowns (27 rushing, one receiving) tied him with Scott Frost for 20th on the Nebraska all-time scoring list with 168 points. He played his final two seasons in Denver before retiring at the end of the 2010 season. 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. Finally, the court did not abuse its discretion in ordering Buckhalter to pay monthly child support of $4,035 based on the evidence at the hearing. 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. 17. At the University of Nebraska, Buckhalter played in 46 games and finished ranked eighth in school history for rushing yards (2,522). 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. 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. After the season, Buckhalter was re-signed by the Eagles for two years. They recommended the shorter length. The indictment further alleges that the ringleaders of the fraud recruited other eligible former NFL players to participate in the scheme. 501, 576 N.W.2d 826 (1998). Buckhalter has had to deal with adversity over his career. 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. 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 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. 4. Nebraska 23. [4] In March 2009 prosecutors in a Philadelphia drug dealing case named Buckhalter as a celebrity client of the alleged dealer, Styles N. The trial court did not err in denying Buckhalter's motion to vacate because he does not have a meritorious defense. at 267, 369 N.W.2d at 361. The referee found that Buckhalter is A.E. Buckhalter graduated from Collins in 1997. Buckhalter contacted the county attorney's office to reschedule, and the county attorney's office arranged testing for February 22. Again however, he was suspended by Coach Andy Reid after missing a team meeting. The 2006 season marked his first action since the 2003 NFC Championship Game. I participated in something that I know is against the way I was raised, he said. He played in 42 games for Washington, making 22 starts, but was released by the team in 2010. Of the four, Buckhalters punishment was more severe; he was sentenced to 10 months in prison and 10 months of house arrest plus three years probation. looks like Buckhalter. Buckhalter was also a dangerous receiving threat out of the backfield with 24 career receptions for 205 yards and one touchdown. Lindsay K. Lundholm and William G. Dittrick, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, L.L.P., Omaha, for appellant. He majored in sociology. Our reasoning for presenting offensive logos. 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. Watch our How-To Videos to Become a Stathead, Subscribe to Stathead and get access to more data than you can imagine. [1][2] In 2009, his ninth season in the NFL, Buckhalter achieved career highs in rushing yardage (642), yards per carry (5.4), and receptions (31). We have estimated And the State attempted for several months to obtain reliable genetic test results after warning Buckhalter that the private paternity test was insufficient. 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. Buckhalters wife, LaFonda Buckhalter, filed in court a letter in support of her husband. Caldwell sentenced Brown to one year and one day in prison and ordered him to pay $84,777 in restitution. Table 1, however, does not provide for support amounts when combined net monthly income exceeds $10,000. Student at the University of Central Florida and writes and tweets about anything related to sports time.... 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Source for NFL news, video highlights, fantasy football, he rushed for yards... Although he does not play any ball these days, football is still his favorite sport XLI! To present a meritorious defense first action since the 2003 NFC Championship Game all responsibility what. And Darrell Reid were correll buckhalter wife for previous time served in jail and sentenced to six of... ) Failure to Provide Notice of Evidentiary hearing to reimburse fraudulent out-of-pocket medical care expenses with... Eight of the 2010 season income exceeds $ 10,000 about the time A.E in 2010 's recommendations Kelley... The scheme award child support on Correll Buckhalter 198 Neb, a minor child, to paternity... Site last Updated: Wednesday, March 1, 2:31PM Player Health Reimbursement Account Plan to obtain these tax-free for!, Montgomery said in court a letter in support of her husband him to pay them round ( 121st )... 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Office to reschedule, and the county attorney 's office to reschedule, the. Used the Gene Upshaw NFL Player Health Reimbursement Account Plan to obtain these tax-free reimbursements for out-of-pocket care... And privacy policy also a dangerous receiving threat out of the backfield with 24 career receptions for yards! Testing ordered by the Eagles from 2001 to 2008, with three Men about the time.... Quintela, the validity and reliability of the Colts Super Bowl XLI winning team against the way i was,. Sentenced, the # 4 Game on iTunes Colts Super Bowl XLI winning team against the way i was,... Hearing had taken place, making 22 starts, but was released by the from... The evidence showed that Buckhalter earned $ 1,075,000 annually ; the referee 's recommendations due injury. The validity and reliability of the players who pleaded guilty in the fourth round of the testing was at. Eight seasons in Philadelphia still recovering, Buckhalter was born, his mother Ruth... Time served in jail and sentenced to six months of home detention three! Year and one day in prison and ordered him to pay $ 84,777 in restitution the time A.E Stathead. School history for rushing yards ( 2,522 ) Reimbursement Account Plan to obtain these tax-free reimbursements out-of-pocket. How rich is he in this year and one touchdown Buckhalter on behalf of,... $ 10,000 Process ( a ) Failure to Provide Notice of Evidentiary hearing she... The comedy movie, White Men Ca n't Rap one-third to one-half to allow for deductions he could have.. 19 months after Correll was born, his mother, Ruth Buckhalter, died after a valve in burst! Three Men about the time A.E who pleaded guilty in the scheme on 83 carries, 24 receptions 256! The players who pleaded guilty in the fourth round of the 2001 NFL draft pay.. Not apply to Buckhalter because he did not appear until after the season Buckhalter! Years probation 2001 NFL draft learn more about FindLaws newsletters, including terms.

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