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Gary Wichard’s Problems May Get Substantially Worse

At 4:30 p.m. on Tuesday, March 1, 2011, Sam Cabrera, a special agent for the North Carolina Secretary of State, obtained a search warrant to reach bank records from Gary Wichard’s Bank of America account located in the state.  A Superior Court Judge issued the warrant, which must be executed by 4:30 p.m. today.

In his Application for Search Warrant, Cabrera notes that when he interviewed former University of North Carolina-Chapel Hill football player Marvin Austin in September 2010, Austin stated that he had contacted his former assistant high school coach, Todd Amis, to pay for round trip flights to California to visit NFL player Kentwan Balmer.  Austin also stated that Balmer paid for the hotel and for training expenses at Pro Active Sports.  Later that month, Balmer confirmed the payments and stated that Wichard never paid nor reimbursed Balmer for any of those expenses.  In October 2010, Wichard backed up Austin’s and Balmer’s claims and said that he never provided anything of value to Austin.  He also admitted that he was not currently a registered Athlete Agent in the State of North Carolina.  Last month, Cabrera found out that Wichard has not been registered in North Carolina since December 31, 1998. One must consider that statement separately from the warrant; Wichard has recruited in the state in the past.

Flight payment information for the flights that Austin took to California show that Pro Tect Management, Wichard’s company, paid for changes to Austin’s itinerary.  In December, Amis (the assistant high school coach) admitted to paying for Austin’s flights to California, but said that he was reimbursed by Wichard for at least one of the flights.

It looks like Sam Cabrera is on a mission, and the result of that mission could turn out to be a lot worse for Wichard than the 9 month suspension slap on the wrist that he received from the NFL Players Association in December 2010.  The NFLPA decided to focus on Wichard’s impermissible communication with Austin prior to Austin being eligible for the NFL Draft.  North Carolina will focus on the real activity of concern.  Losing Arrelious Benn and Brandon Jackson pale in comparison to what Wichard stands to lose if he is found guilty of violations of the North Carolina Athlete Agents Act.

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.

6 replies on “Gary Wichard’s Problems May Get Substantially Worse”

It sounds like they’ve caught Marvin Austin lying as well. Even if Wichard thinks he has his bases covered on other things he claims to have not done, they can probably convince Marvin to talk by holding perjury over his head.

As someone put it on the Wake Forest forums: It appears that Amis is the chimney that Black Santa (John Blake) used to deliver his presents to Marvin. I guess that makes Wichard one of Santa’s elves?

Beyond the agent issues, it will be interesting to see what sort of information comes out of the investigation for the NCAA in their case against UNC. With Blake fired, Marvin gone, Wichard an agent, and Amis a high school coach, they’ve had no way to force any of those folks to tell the truth. The NC SoS office being involved could be a game changer.

Thanks for those splendid analogies. The NCAA will certainly use any available information that comes out of the state of NC investigation if that information mandates a reaction.

I agree that the SoS involvement = game changer. This special agent truly seems to be on a mission.

Balmer is guilty also-former UNC player/Alum paying for Austin hotel and training. Thought ole Butchie said his players were informed every year of the NCAA rules-LOL-Liar! Lied at Miami-Lied at Dallas-Lied at Cleveland-Lying at University of National Corruption-Chapel Hill (aka Cheater Hill).

little did you know at the time how eerily foreshadowing the title of this article would be..

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