In the separate scheme, Buckhalter filed a claim under his name, which paid him about $56,821, according to court records. And if we allowed such a defense to vacate the default judgment, defendants in paternity cases would always have the incentive to wait until after the hearing is over before appearing in the case. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. The referee found that Buckhalter is A.E. They made bogus claims to reimburse fraudulent out-of-pocket medical expenses. He played in all 16 games, but started only once. Yet, he chose not to participate. Correll Buckhalter was born on October 6, 1978. He no longer participates in these services, however, because of the cost. 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. Brown, James Butler, Fredrick Bennett and Etric Pruitt. The referee sent a copy of her findings to Buckhalter on December 2, 2005, at his addresses in Pennsylvania, New Jersey, and Texas. On February 27, 2009, Buckhalter signed a four-year, $10 million contract with the Denver Broncos. 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 . Buckhalter contends that the State violated his due process rights by failing to present documentary evidence of the genetic test. 1. Correll Buckhalter played 103 games over his career. Brown's testimony established that the paternity test exists, so the referee was aware of the test results at the 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. 42-364.16 (Reissue 2004); Gangwish v. Gangwish, supra note 2. It presented a federal district court decision, in which the federal court had previously found that claims such as the plaintiff's were not covered by the insurer's policy. The outside linebacker/defensive end was part of the Colts Super Bowl XLI winning team against the Chicago Bears. 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. Starr v. King, 234 Neb. 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. Again however, he was suspended by Coach Andy Reid after missing a team meeting. Buckhalter argues that the court should have vacated the default finding of paternity because he has a meritorious defense. We conclude that he was not entitled to notice of the hearing. Secure .gov websites use HTTPS Our reasoning for presenting offensive logos. He argues that because the court did not include any deductions, the calculation is grossly incorrect and inequitable.26. Logos were compiled by the amazing SportsLogos.net. Correll Buckhalter, Anthony Montgomery and Darrell Reid were sentenced by U.S. District Judge Karen K. Caldwell, the Lexington Herald-Leader reports. Reid has to pay a portion of $46,971 in restitution, which will be split between him and other conspirators. In June 2004, the State filed a complaint against Buckhalter to establish paternity and award child support. Former Broncos running back Clinton Portis has also pleaded guilty in the case, but has not been sentenced yet. Please see our Contributors and Sources page for data source details. 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. 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. A top bracketologist weighs in. He contends that Neb.Rev.Stat. 21. But prosecutors said Buckhalter also was a leader and organizer in a separate, similar conspiracy that operated in the same manner as McCunes scheme. at 267, 369 N.W.2d at 361. Buckhalter currently plays professional football for the Philadelphia Eagles. Buckhalter, however, failed to answer or otherwise appear. 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. On February 27, 2009, Buckhalter signed a four-year, $10 million contract with the Denver Broncos. He scored 4 total touchdowns. The scheme dates back to the Gene Upshaw NFL Player Health Reimbursement Account Plan in 2006, which gave tax-free reimbursements to health expenses not covered by insurance up to $350,000 per player. 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. Buckhalter, 41, allegedly is among a group of former players who sought reimbursements for expensive equipment that they never purchased. 501, 576 N.W.2d 826 (1998). Buckhalter graduated from Collins in 1997. Because of his failure to answer or appear in this case for 17 months, Buckhalter was not entitled to receive notice of the evidentiary hearing. Lance Storz was found dead while awaiting trial. 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There, the testimony revealed in detail the procedures used and the chain of custody involved in handling the paternity test. Thus, $4,035 was not grossly incorrect or inequitable. Destiny 98 TD v. Miodowski, 269 Neb. 24. 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. All rights reserved. Buckhalter, who's currently a volunteer for the Kansas City Chiefs, accepted responsibility in court Monday. "I participated in something that I know is against the way I was raised," he said.. After a detailed analysis of the law in the area, we concluded the defendants had raised a question deserving investigation.17. Montgomery, Bennett and Reid were credited for previous time served in jail and sentenced to six months of home detention plus three years probation. Buckhalter apparently arrived late for the appointment, and later called the office to reschedule. Prosecutors said Reid, a former Colts and Broncos player, also filed two bogus claims valued at more than $93,000. 25. The evidence showed that Buckhalter earned $1,075,000 annually; the referee concluded that Buckhalter's gross monthly income was $89,583.33. Buckhalter will have to self-report to a prison facility by 2 p.m. on Jan. 18. He played in all 16 games, but started only once. If the bet loses, the FanDuel Sportsbook will refund you in site credit. 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. Do you have a blog? 17. Former Philadelphia Eagles running back Correll Buckhalter finds himself in the middle of some controversy. In all, the players submitted more than $3.9 million in fraudulent claims, prosecutors have said. See Miller v. Steichen, 268 Neb. 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. He played for the Denver Broncos for two seasons (2009 and 2010). Former Eagles running back Correll Buckhalter charged in health care fraud indictments . Section 25-534 designates how service should be made in any action or proceeding. Watch our How-To Videos to Become a Stathead, Subscribe to Stathead and get access to more data than you can imagine. The hearing was continued to October 25; notice of the new hearing date was mailed to Buckhalter's New Jersey address. See, also, Steinberg v. Stahlnecker, 200 Neb. We have estimated Quintela v. Quintela, 4 Neb.App. He sees pictures and hears stories about her from his father, but nothingcan really fill the void. (a)The District Court Orders Buckhalter to Take a Verified Paternity Test. If the bet loses, the FanDuel Sportsbook will refund you in site credit. Reid, who played for the Indianapolis Colts and Denver Broncos, was recruited into the scheme by Eubanks after the two were introduced to each other by Montgomery, according to court records. 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