New Hampshire: Lottery Commission grants concessions to Concord Casino owner Andy Sanborn in license dispute

The New Hampshire Lottery Commission has agreed to three major demands from former State Senator and Concord Casino owner Andy Sanborn, as commissioners work on revoking his gaming license over allegations that he illegally enriched himself with a $844,000 pandemic loan.

Sanborn, on Monday, was given eight weeks to prepare his defense. As per NHPR, the Commission will take on the task of proving its case against Sanborn rather than requiring him to disprove its allegations. Additionally, a different state agency will preside over Sanborn’s revocation hearing. 

During Monday's hearing, Sanborn’s attorneys and the state negotiated the new terms of the Lottery Commission’s case. Sanborn could not attend the hearing due to a medical appointment, his lawyer Zachary Hafer told the reporters.

NHPR's report cited court records that indicated Sanborn’s lawyers and the Attorney General’s Office have discussed settling the case. However, details of the case were not disclosed. The Lottery Commission's chief compliance officer, John Conforti, stated following the court hearing that settlement discussions are confidential. Unless the case is settled, the Lottery Commission will proceed to decide whether to remove Sanborn's license during a hearing in December.

Earlier in September, Sanborn had requested a public hearing before the Lottery Commission to dispute the state’s findings that he is unsuitable for charitable gaming in New Hampshire due to the alleged fraudulent use of COVID-19 relief funds and other grounds.

Concord Casino project rendering, New Hampshire

Suitability review was amended in 2022

Sanborn opened the Concord Casino in 2018, a year before the Lottery Commission and the Attorney General’s Office began evaluating suitability reviews, done every five years for all license holders, making this review a first for the former Senator and the casino. 

Conforti in his March 13th suitability report noted that neither the commission nor the Attorney General’s Office did "thorough" suitability reviews until 2019 due to limited resources and the small-scale nature of gaming entities before that time. Policies were amended in 2022 to lay out the process being used for Sanborn’s current review. 

The Lottery Commission conducts the primary investigation and makes a recommendation on suitability to the Attorney General’s Office, which then makes a final decision.

Conforti, in his earlier review, wrote: “As pre-2019 licensees were not subject to full reviews, the Department of Justice and Lottery Commission have committed to conducting a full suitability review at the five-year interval to determine whether these licensees should remain involved with gaming in New Hampshire.” 

The Lottery Commission agreed to grant Concord Casino a 2022  gaming license with a requirement that Sanborn meet with the commission to address problems stated in the audit, according to Conforti.

That meeting did not take place until later in 2022 when Concord Casino sought approval for expanded gaming space. The Commission permitted the use of the expanded facility subject to another audit. The second audit, conducted last year, raised concerns that Sanborn was misusing the pandemic loan he started receiving in January of last year.