The Department of Justice (DOJ) on Thursday announced that it has charged 10 former NFL players with fraud for allegedly submitting false claims for medical equipment totaling $3.9 million to a health benefits program for former players.

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Details on the charges

DOJ has charged the former players with making fraudulent claims to the Gene Upshaw NFL Player Health Reimbursement Account Plan. The plan provides tax-free reimbursement for out-of-pocket medical expenses incurred by former NFL players, their spouses, and their dependents.

The former players allegedly created false documentation—including invoices, prescriptions, and letters of medical need—to make claims for medical equipment, including hyperbaric oxygen chambers, cryotherapy devices, ultrasound equipment used in doctors’ offices for imaging on pregnant women, and electromagnetic therapy devices designed for horses, DOJ said. The claims the were typically between $40,000 to $50,000, according to DOJ.

DOJ said some of the players acted as “ringleaders” in the scheme, recruiting other former players to submit claims for kickbacks and bribes that in some cases reached more than $10,000 per claim. Two of the players even called the health benefits plan impersonating other players to check on the claims, DOJ said.

In total, DOJ said more than $3.9 million in false claims were filed, and the plan paid out more than $3.4 million between June 2017 and December 2018.

The fraud was detected by plan administrator Cigna, which became suspicious of the claims and alerted DOJ’s medical fraud division.

The indictments, which were filed in federal court by the Eastern District of Kentucky, are against:

• Clinton Portis, former Washington Redskins and Denver Broncos running back;
• Robert McCune, former Redskins linebacker;
• John Eubanks, former Redskins cornerback;
• Tamarick Vanover, former Kansas City Chiefs and San Diego Chargers wide receiver;
• Ceandris “C.C.” Brown, former Houston Texans safety;
• James Butler, former New York Giants and St. Louis Rams safety;
• Fredrick Bennett, former Texans defensive back;
• Etric Pruitt, former Atlanta Falcons and Seattle Seahawks defensive back;
• Carlos Rogers, former Redskins and San Francisco 49ers cornerback; and
• Correll Buckhalter, former Philadelphia Eagles running back.

In addition, DOJ intends to charge former New Orleans Saints wide receiver Joe Horn and former San Diego Chargers and New England Patriots wide receiver Donald “Reche” Caldwell with conspiracy, according to the New York Times.

Reaction

Assistant Attorney General Brian Benczkowski said, “By defrauding the plan and treating it like their own personal ATM machine, sadly, the defendants placed the plan’s tax-exempt status at risk and threatened the ability of law-abiding former players to continue to receive tax-free reimbursements for legitimate medical expenses for themselves or their families.”

George Piro, special agent in charge of the FBI‘s Miami Field Office, said the charges “serv[e] as an illustration of the rampant and deliberate scams against health care plans occurring daily throughout the country.”

Mark Dycio, an attorney for Portis, said Portis “had no knowledge that his participation in what he believed to be an NFL sanctioned medical reimbursement program was illegal. He is completely taken aback by this indictment and will move forward with the process of clearing his good name and those of his fellow NFL alumni” (Mangan, CNBC, 12/12; Belson, New York Times, 12/12; Fernandez, Axios, 12/12; Levenson et al., CNN, 12/12; DOJ release, 12/12).

Staff Reports

UPDATE at 11:50 a.m.: District Attorney Greg Newman has announced that he has dismissed the simple assault charge filed against West Henderson High men’s basketball coach Joey Bryson.

The charge was initiated by a student who plays basketball at North Henderson following the high school basketball game at West Henderson on Dec. 15.

West Henderson won the game against North in overtime. Following the game, the North student and his mother went to the magistrate’s office and the criminal charge was issued against Bryson. A court date of Jan. 26 was scheduled.

“I will not prosecute cases against teachers that have not been properly and thoroughly vetted by law enforcement,” Newman said in a news release. “I reviewed video footage of the reported incident and I saw no evidence of any crime being committed by Coach Bryson. What I saw was that Coach Bryson was conferring with one of his players while a foul shot was taking place. The North Henderson player encroached upon their space and the coach flung the hand of the North player away.

“The charging document issued by the magistrate accused the coach of ‘pushing’ the player. I did not see any evidence of pushing. Contact was definitely made by the coach, but it does not rise to any type of criminal action,” said Newman.

The District Attorney went on to say that “there were at least two sheriff’s deputies at the game who did not believe that any crime had occurred. They were engaged with removing an irate fan from the center of the basketball court. Also, I find it significant that the referees did not call a technical foul on the West Henderson coach or bench.”

The DA added that he has explained his decision to the complainant’s mother and that the matter is under review by the school superintendent.

Associate Superintendent for Administrative Services John Bryant said today the school system has completed its investigation into the matter and the issues presented have been addressed. Bryant said Bryson will continue to be the West Henderson’s coach. 

Charges dropped against West coach Joey Bryson

Charges have been dropped against West Henderson High varsity boys basketball coach Joey Bryson.

Last month, Bryson was charged with misdemeanor simple assault by a parent of a North Henderson High boys’ basketball player.

“It is my understanding that the DA’s office did dismiss the charges against Mr. Bryson during the first week of January,” Henderson County Public Schools Associate Superintendent for Administrative Services John Bryant said.

The Times-News will update this story as more information comes in.