LOUISVILLE, Ky. (WDRB) -- A former University of Louisville linebacker is among 10 ex-NFL players charged in a nationwide healthcare fraud scheme against a support fund funded by the league.
Robert McCune, who played for the Cardinals in 2001 and '02 before being drafted by the Washington Redskins, faces nine counts of wire fraud and nine counts of health care fraud in charges announced Thursday by the U.S. Attorney for the Eastern District of Kentucky.
The alleged fraud targeted the Gene Upshaw NFL Player Health Reimbursement Account Plan, a program which provided tax-free reimbursement of out-of-pocket medical expenses not covered by insurance. It is available to former players, their wives and families, up to a maximum of $350,000 per player. Prosecutors and FBI officials allege that over $3.9 million in fraudulent claims were submitted, and the plan paid out more than $3.4 million on those claims between June 2017 and December 2018.
Among the players charged is former Denver running back Clinton Portis, who faces a single count of wire and health care fraud and conspiracy to commit fraud.
"The defendants are alleged to have developed and executed a fraudulent scheme to undermine a health care benefit plan established by the NFL -- one established to help their former teammates and colleagues pay for legitimate medical expenses," U.S. Attorney for the Eastern District of Kentucky Robert M. Duncan Jr., said. "The defendants allegedly submitted false claims to the plan and obtained money for expensive medical equipment that was never purchased or received, depriving that plan of valuable resources to help others meet their medical needs. We have prioritized the investigation and prosecution of health care fraud in our office, and we appreciate the partnership we share with the Criminal Division and the FBI in pursuing these important matters."
FBI Special Agent in Charge George L. Piro of the bureau's Miami Field office said that the investigation is a prime example of fraud within health care plans.
"In this case, these fraudsters pocketed money from the Gene Upshaw National Football League Health Reimbursement Account Plan that was intended for former NFL players who are ill or infirm," Piro said. "Over 20 FBI field offices participated in this investigation which demonstrates the level of commitment we have to rooting out this type of fraud."
A list of those charged:
-- Robert McCune, 40, of Riverdale, Georgia, is charged with one count of conspiracy to commit wire fraud and health care fraud, nine counts of wire fraud and nine counts of health care fraud.
-- John Eubanks, 36, of Cleveland, Mississippi; Tamarick Vanover, 45, of Tallahassee, Florida; and Carlos Rogers, 38, of Alpharetta, Georgia, are each charged with one count of conspiracy to commit wire fraud and health care fraud, two counts of wire fraud and two counts of health care fraud.
-- Clinton Portis, 38, of McLean, Virginia; Ceandris Brown, 36, of Fresno, Texas; James Butler, 37, of Atlanta, Georgia; and Fredrick Bennett, 35, of Port Wentworth, Georgia, are each charged with one count of conspiracy to commit wire fraud and health care fraud, one count of wire fraud and one count of health care fraud.
-- Correll Buckhalter, 41, of Colleyville, Texas, and Etric Pruitt, 38, of Theodore, Alabama, are charged with one count of conspiracy to commit wire fraud and health care fraud.
The government also has filed notice that it intends to seek criminal charges against Joseph Horn, 47, of Columbia, South Carolina, and Donald "Reche" Caldwell, 40, of Tampa, Florida, with conspiracy to commit health care fraud in the Eastern District of Kentucky.
McCune is alleged to have been among those in the middle of the scheme, offering to submit or cause the submission of fraudulent claims in exchange for kickbacks and bribes that ranged from a few thousand dollars to $10,000 or more per claim submitted.
As part of the scheme, the defendants allegedly fabricated supporting documentation for the claims, including invoices, prescriptions and letters of medical necessity. After the claims were submitted, McCune and Buckhalter allegedly called the telephone number provided by the plan and impersonated other players in order to check on the status of the fraudulent claims.
McCune transferred to Louisville in 2000 after spending three years in the National Guard, including tours in Korea and Kuwait. He redshirted at U of L in 2000, then won the program's special teams player of the year award for his contributions in kick coverage in 2001. He also was a reserve linebacker that season, playing in all 13 games.
In 2002, McCune moved into the starting middle linebacker spot by the end of the season, and in 2003 was an All-Conference USA selection at linebacker, starting every game and leading the Cardinals in tackles for a second straight season. He graduated with a degree in education, and was selected by the Washington Redskins in the fifth round of the NFL Draft.
McCune played in five games for the Redskins in 2005, and spent parts of the next four seasons in various capacities with the Miami Dolphins, Baltimore Ravens and Cleveland Browns before finishing his playing career in the Canadian Football League.
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