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The Fire May Burn Gary Wichard

Maybe I jinxed the guy.  I legitimately believed he was on freaking fire when I heard that he was not only representing C.J. Spiller, who I thought was the best running back in college football last year, but also Jimmy Clausen, Arrelious Benn, Taylor Mays, and Everson Griffen, all in one draft.  Sometimes things are too good to be true.  And if Gary Wichard is not able to overcome some pretty damning evidence, it looks as if the fire is going to burn down his house of cards.

All it took was enough of an incentive for the great investigators at Yahoo! Sports to get to work.  After months of speculation regarding Gary Wichard’s ties to UNC, and in particular, Marvin Austin (UNC defensive tackle) and John Blake (former UNC assistant football coach), Charles Robinson of Yahoo! Sports found the gold.  Not only has Blake been listed on Wichard’s company brochure as vice president of football operations in the past, but Austin has stayed at a hotel in California under his own name along with Wichard’s company name, Pro Tect Management.  Does it not seem that Wichard had to be involved in Austin’s trip to California?  How else would Pro Tect Management’s name appear on the hotel receipt?  Wichard’s attorney says that Kentwan Balmer, a Wichard client, paid for Austin’s hotel room.  But it still doesn’t explain why Pro Tect Management was listed instead of Balmer’s name.

And then there are the 6 wire transfers to Blake, $45,000 personal loan to Blake, and Pro Tect Management credit card issued in Blake’s name.  It is one thing to say something favorable about a friend pro bono.  It is another thing to give someone a massive amount of money and a corporate credit card because he happens to know you for a while…even if it was supposedly to help fund a football camp for Blake while Blake was between coaching jobs.

I am more interested in the State of North Carolina’s reaction to this news than the NFLPA’s response.  The NFLPA is already stalling by saying that the NCAA will not turn over any evidence of wrongdoing involving NFL agents.  The government can conduct its own investigation and do its own discovery.  And under oath, I would hope that the parties involved tell the truth for their own sake.  Gary Wichard will speak with investigators from the NC Secretary of State’s office this week.

I cannot see the NFLPA being anything other than very reactionary in this matter, and not necessarily to their fault.  Even though its Committee on Agent Regulations and Discipline (CARD) says it will meet to consider the case against Wichard and other agents, a punishment will probably not come until any government-led discovery is made public, and possibly after the culmination of a trial against interested parties.  If any agent receives jail time, it will likely be a sentence of less than a year.  If there is a sentence, the NFLPA will probably ban the agent from being licensed for at least 2 years, and possibly for an indefinite period.  I am merely speculating at this point, however.

Additionally, I think we might see the Federal Trade Commission get involved for the first time since the passage of the Sports Agent Responsibility and Trust Act (SPARTA).

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

One reply on “The Fire May Burn Gary Wichard”

Taking into consideration that Marvin Austin, Arellious Benn, and Vontae Davis are best friends I think Ketwan Balmer played a small part in recruiting Marvin.

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