Ex-NFL star avoids prison, restitution in Lexington fraud case after he repaid money
A former NFL Pro Bowler involved in a Lexington health care fraud scheme avoided prison time when he was sentenced in federal court Wednesday.
Joseph Horn, 49, was credited for time served and ordered to pay a $100 fine but given no additional penalties after defrauding an NFL health care fund of nearly $150,000. After committing the fraud, Horn admitted to stealing the money from the health care fund and paid it all back, according to federal court records.
Horn was one of 15 former NFL players federally indicted as part of the health care fraud operation. The 15 players, led by Robert McCune, gamed the NFL’s Player Health Reimbursement Account Plan. The fund was set up by the league to reimburse retired players and their families for out-of-pocket medical expenses, according to prosecutors.
McCune and the others conspired to file bogus claims for medical help they didn’t need and never received. The players then pocketed the money and paid kickbacks to organizers of the scheme, according to prosecutors. All 15 former players pleaded guilty to conspiracy to commit health care fraud.
Despite participating in the scheme, Horn “was the first co-conspirator to accept responsibility,” prosecutors wrote in court records.
“Horn also promptly admitted his conduct to the plan and began working with the plan to repay the money he illegally obtained,” prosecutors said in court records.
Horn’s admittance to stealing money came before federal investigators contacted him, according to prosecutors.
Despite Horn’s efforts to repay the money and admit guilt, prosecutors recommended a sentence of 10 to 16 months. Prosecutors wrote in court records that they wanted to deter others from thinking health care fraud is easy to commit and get away with it.
“(Horn) was a successful professional athlete who used a generous health benefit plan as a piggy bank,” prosecutors wrote in court records. “This offense is serious and presents a need for significant deterrence.”
U.S. District Judge Karen K. Caldwell credited Horn for time served and ordered him to pay a $100 fine. She also ordered him to serve three years of probation and complete 200 hours of community service.
Horn started his professional football career in Canada but eventually found success in the NFL. He recorded 1,000 receiving yards or more in three straight seasons from 2000 to 2002. He racked up a career-high 1,399 receiving yards in 2004 after missing the 1,000-yard mark in 2003. He made the Pro Bowl four times.
Horn played for the Kansas City Chiefs, New Orleans Saints and Atlanta Falcons. Horn appeared in NFL games every year from 1997 to 2007.
Horn had money issues after his NFL career, according to prosecutors. He filed fraudulent claims with the health care plan and then, through co-conspirator Tamarick Vanover, got involved in the higher-level scheme to make more money, according to court records. Horn and Vanover knew each other from playing on the Kansas City Chiefs together.
Horn let Vanover and another conspirator, Donald Caldwell, file a bogus claim in Horn’s name for $52,000. He paid an $11,000 kickback on that claim, according to court records. Horn also filed claims himself worth nearly $100,000.
Horn and nine other players involved in the scheme have been sentenced so far. John Eubanks was previously sentenced to a year and a half in prison, Etric Pruitt was sentenced to three months, and James Butler was sentenced to two months.
Ceandris Brown and Carlos Rogers have also been sentenced. Brown was sentenced to one year and one day in prison. Rogers was sentenced to 180 days on home detention and 400 hours of community service.
Correll Buckhalter was sentenced to 10 months in prison and 10 months of house arrest plus three years probation. Anthony Montgomery, Darrell Reid and Fredrick Bennett were credited for previous time served in jail and sentenced to six months of home detention plus three years probation.
The players previously sentenced were also ordered to pay restitution for the amount of money they helped take from the fund. Some were ordered to split their restitution with others involved.
Donald Caldwell, one of the players involved in the scheme, was shot and killed in an apparent robbery attempt before he could be sentenced in the case.
This story was originally published November 11, 2021 at 10:40 AM.