UNC defensive tackle Marvin Austin has been subpoenaed in North Carolina Secretary of State Elaine Marshall's investigation of possible violations of the state's Uniform Athlete Agent Act, two sources with knowledge of the subpoena told the News & Observer on Friday.
The Associated Press also reported that Austin has been subpoenaed.
Austin is one of 13 players who are being held out of tonight's season opener with LSU in Atlanta as a result of the NCAA's investigation of the UNC program. Part of that investigation includes possible impermissible benefits players may have received from agents.
In the summer of 2009, Austin and then-UNC teammate Cam Thomas traveled to California to train at Proactive Sports Performance. Thomas said another former UNC teammate who was then with the San Francisco 49ers, Kentwan Balmer, paid for the trip.
That payment could be construed by the NCAA as an impermissible benefit that might have made Austin and Thomas ineligible for the 2009 season and could force UNC to vacate its records from that season.
Balmer's agent is Gary Wichard, who once employed current UNC assistant coach John Blake as vice president of his agency, Pro Tect Sports Management. Blake coached Balmer, Thomas and Austin on the UNC defensive line.
North Carolina's Uniform Athlete Agent Act requires agents to register with the state and prevents them from giving or promising anything of value to players the agents are trying to recruit.