Final NFL Players Plead Guilty to Health Care Fraud Conspiracy

Former NFL players Clinton Portis and Tamarick Vanover are likely to face jail sentences for pleading guilty to the healthcare fraud conspiracy.

The players filed their pleadings in the US District Court for the Eastern District of Kentucky on September 3 after a jury failed to reach a verdict against Portis and the court granted Vanover a wrongful trial.

Portis and Vanover were the last remaining defendants to face criminal charges of attempted fraud on a retired gambler health program after the other 11 pleaded guilty.

The government claims that the players defrauded the Gene Upshaw NFL Player Health Reimbursement Account Plan of millions of dollars by faking expensive medical equipment like hyperbaric oxygen chambers and ultrasound machines.

Prosecutors say the players filed more than $ 3.9 million in false claims for reimbursement for the plan in 2017 and 2018.

The jury on September 1st found that they were bogged down due to Portis’ fault. The jury found Vanover guilty on a number of counts, but Judge Karen K. Caldwell overturned the verdict.

“The court held an ex parte hearing with Juror # 214 after the jury verdict of Defendant Tamarick Vanover was published,” said Caldwell. “Tamarick Vanover’s attorney filed a wrongful trial motion and the court granted the motion without government objection,” she said.

Former NFL linebacker Robert McCune pleaded guilty to several counts on Aug. 24.

Antwan Odom, Darrell Reid, Anthony Montgomery, Etric Pruitt, Ceandris Brown, James Butler, John Eubanks, Fredrick Bennett, Correll Buckhalter and Carlos Rogers pleaded guilty in 2020.

So far, only Brown has been convicted. In June, the court sentenced him to one year and one day and $ 87,000 in reparation.

Like Brown, Portis and Vanover pleaded guilty to one point of health fraud conspiracy. The condemnation guidelines for Portis and Vanover are higher than for Brown as the government claims the damage attributable to them is greater.

Portis requested a refund of $ 99,000 and Vanover agreed to pay $ 159,000. Vanover’s agreement also calls for penalties for an “aggravating role” to be increased.

The maximum sentence is 10 years in prison and a fine of $ 250,000.

Portis was a running back for the Denver Broncos from 2002 to 2004 when he signed with the Washington Football team, where he played at nearly 10,000 yards until his retirement in 2010.

Vanover was a wide receiver, returning punts and kickoffs for the Kansas City Chiefs from 1995 to 1999. In 2002 he played for the San Diego Chargers for a year.

Baker Botts LLP and Stoll Keenon Ogden PLLC represent Portis.

Nichols Walter PLLC represents Vanover.

The case is USA v McCune, ED Ky., No. 19-cr-00206, 9/3/21.