Player history is included at the bottom of the article.
Wednesday, February 9, 2022 – 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.
According to court documents, Robert McCune, 42, of Riverdale, Georgia, defrauded the Gene Upshaw NFL Player Health Reimbursement Account Plan (the Plan). The Plan was established pursuant to the NFL’s 2006 collective bargaining agreement. It provided former players, their spouses and their dependents, up to a maximum of $350,000 per player tax-free reimbursement of out-of-pocket medical care expenses that were not covered by insurance.
Court documents show that McCune submitted false and fraudulent claims to the Plan on his own behalf and on behalf of dozens of other former NFL players.
Between June 5, 2017, and April 12, 2018, he submitted 68 claims for 51 other players. The claims typically sought reimbursement of $40,000 or more for expensive medical equipment such as hyperbaric oxygen chambers, ultrasound machines and electromagnetic therapy devices.
None of the medical equipment described in the claims was ever purchased or received.
In total, McCune and his co-conspirators submitted approximately $2.9 million in fraudulent claims to the Plan.
Court documents further show that McCune obtained identifying information for other participants in the Plan, including the player’s name, insurance identification number, social security number, mailing address and/or date of birth. In exchange for submitting the false and fraudulent claims, McCune demanded kickbacks and bribes in the thousands of dollars for each claim submitted.
McCune pleaded guilty to one count of conspiracy to commit health care fraud and wire fraud, 10 counts of wire fraud, 12 counts of health care fraud and three counts of aggravated identity theft.
Thirteen other defendants have been sentenced for their participation in the nationwide scheme:
- 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;
- Joe Horn, 50, of Columbia, South Carolina, was sentenced to 200 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.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.
This case was investigated by the FBI and included efforts by various FBI Field Offices and Resident Agencies, including Augusta, Georgia; Birmingham and Mobile, Alabama; Cleveland, Ohio; Chicago, Illinois; Columbia, South Carolina; Dallas and Houston, Texas; Denver, Colorado; Jackson, Mississippi; Lexington, Kentucky; New Orleans, Louisiana; Miami, Jacksonville, and Tampa, Florida; Newark, New Jersey; Los Angeles, San Diego, Sacramento, and Newport Beach, California; Phoenix, Arizona; Salt Lake City, Utah; and Washington, D.C.
Assistant Chief John (Fritz) Scanlon and Trial Attorney Alexander J. Kramer of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew E. Smith of the Eastern District of Kentucky prosecuted the case.
- Robert McCune, 42, of Riverdale, Georgia, was drafted by the Washington Redskins in the 2005 NFL Draft, and was a member of the Miami Dolphins, Baltimore Ravens, and Cleveland Browns
- John Eubanks, 38, of Cleveland, Mississippi, was signed by the Washington Redskins as an undrafted free agent in 2006.
- Tamarick Vanover, 47, of Tallahassee, Florida, was a former Kansas City Chief (1995–1999) and San Diego Charger (2002)
- Ceandris Brown, 39, of Iowa Colony, Texas, was drafted by the Houston Texans in the 2005 NFL Draft. He also played for New York Giants (2009), Detroit Lions (2010) and Jacksonville Jaguars (2011)
- Correll Buckhalter, 43, of Colleyville, Texas, was drafted by the Philadelphia Eagles in the 2001 NFL Draft. He also played for the Denver Broncos (2009, 2010).
- Clinton Portis, 40, of Fort Mill, South Carolina, was a drafted by the Denver Broncos in the 2002 NFL Draft. He also played for the Washington Redskins (2004–2010)
- Etric Pruitt, 40, of Theodore, Alabama, was a former Atlanta Falcon (2004), Seattle Seahawk (2005), and Detroit Lion (2006–2007)
- James Butler, 39, of Atlanta, Georgia, was signed by the New York Giants as an undrafted free agent in 2005. Butler played for the New York Giants (2005–2008), and St. Louis Rams (2009–2012). Butler earned a Super Bowl ring with the Giants in Super Bowl XLII.
- Carlos Rogers, 40, of Alpharetta, Georgia, was a former Washington Redskins (2005–2010), San Francisco 49er (2011–2013), and Oakland Raiders (2014)
- Anthony Montgomery, 37, of Cleveland, Ohio was drafted by the Washington Redskins in the 2006 Draft, played 2006–2009.
- Antwan Odom, 40, of Irvington, Alabama, was drafted in 2004 NFL Draft, played for the Tennessee Titans (2004–2007), and Cincinnati Bengals (2008–2010)
- Darrell Reid, 39, of Farmingdale, New Jersey, was a signed by the Indianapolis Colts as an undrafted free agent in 2005, played for Indianapolis Colts (2005–2008), and Denver Broncos (2009–2010). Reid earned a Super Bowl ring with the Colts in Super Bowl XLI.
- Fredrick Bennett, 38, of Port Wentworth, Georgia, was a former Houston Texan (2007–2009), San Diego Charger (2010), Cincinnati Bengals (2010)
- Joe Horn, 50, of Columbia, South Carolina, was drafted in the 1996 NFL Draft, he then played for Kansas City Chiefs (1996–1999), New Orleans Saints (2000–2006), and Atlanta Falcons (2007).
