Former New Hampshire state senator Andy Sanborn has asked the state Supreme Court to determine whether the New Hampshire Lottery Commission (NHLC) and Attorney General’s Office (AGO) unlawfully prevented Sanborn from selling Concord Casino.
In the filing, lawyers for the embattled casino owner allege the state unlawfully blocked the sale by revoking Sanborn’s casino license over fraud allegations. After a prolonged back-and-forth, the state revoked Sanborn’s license in November. His lawyers argue that Concord Casino is worthless without a reversal.
As reported by New Hampshire Public Radio, the appeal also notes that the state denied a potential buyer a license.
However, whether the Supreme Court elects to hear the case remains to be seen.
Sanborn argues inability to sell will impact state coffers
According to the filing, failure to sell the casino will negatively impact Sanborn, state charities, and New Hamshire residents. In New Hampshire, charities receive a cut of charitable gaming revenues, while the state earmarks its portion for public education initiatives.
In the appeal, Sanborn’s legal representatives argue that “the public interest of this matter is beyond question.”
As the hearings officer observed, the “equities in this matter strongly favor” facilitating a sale to a qualified buyer… Charity gaming facilities “introduce tax revenue to the New Hampshire economy, and they support valuable projects and scholarships for charitable organizations”; there “can be no argument that the equities on those points fall squarely in WWW’s favor.”
Further, the appeal notes that the hearings officer determined that finding a new owner for Concord “would be to everyone’s advantage.”
Casino sell-off order followed allegations of pandemic fraud
The New Hampshire Department of Justice arrested Sanborn in October and indicted him on two counts of pandemic relief fraud.
Per the indictment, Sanborn’s company Win Win Win, which operated the casino, overstated its revenues by nearly $1 million on a state COVID-19 relief application. As a result, the state granted the business $188,474 more in grant funds than it was eligible for. Additionally, only companies in operation for one year before May 29, 2020, were eligible for funding, a requirement Concord failed to meet by only weeks.
However, the state ordered Sanborn to sell the casino over a separate fraud allegation related to $844,000 in federal pandemic funds.
In that case, Sanborn allegedly applied for federal COVID relief, to which Concord was not entitled. According to the state, Sanborn then misappropriated funds to pay for personal luxuries, including sportscars, for himself and his wife, former state Rep. Laurie Sanborn.
Laurie Sanborn, who served as a state representative between 2010 and 2024, opted to end her term with the last election.
Sanborn accuses New Hampshire of ‘grudge litigation’
Initially, a judge denied the state’s request to revoke Sanborn’s license, opting instead for a 6-9 month suspension while Sanborn sold the casino.
Although Sanborn found a buyer in the allotted time, the state denied the unnamed buyer’s license application last October, allegedly over financing concerns. As a result, the casino remains unsold.
Then, in November, an administrative judge gave the Lottery Commission permission to revoke Concord’s license after ruling Sanborn’s time had run out.
In the filing, Sanborn essentially restated an earlier argument that the state sought to remove him from charitable gaming and cause personal financial harm. However, the High Court appeal also points to an administrative order that found reason to give Sanborn more time to sell.
But, despite that, Judge Gregory Albert ultimately concluded he lacked the authority to extend the time frame or determine whether the state had acted unlawfully. Instead, he deemed the dispute over the buyer’s licensing suitability “a question for the courts.”
The appeal also highlights the “eye-popping resources that NHLC and the AGO have devoted to spiting one gaming operator.”
It was recently reported that the AG has staffed no less than “13 attorneys” to “cases linked to Sanborn,” and that this fleet of attorneys has “dedicated at least 1,774 hours” to these matters. That NHLC and the AG have diverted this level of taxpayer resources to a grudge litigation, while actively impeding a sale that would raise money for charities and taxpayers alike, makes the need for judicial review all the more urgent.
The Attorney General’s Office has not yet filed a response to the appeal request, though it is likely to object.
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