NH Lottery seeks clarification on former senator Andy Sanborn's casino license revocation

The New Hampshire Lottery Commission has requested a court clarification regarding the revocation of Andy Sanborn’s casino license, as a legal dispute over the sale of the Concord Casino intensifies. While the Commission considers the license revoked as of Oct. 1, Sanborn’s attorneys argue that a recent court ruling delayed the revocation.

The legal wrangling follows a ruling by Judge Gregory Albert, who denied Sanborn’s request to extend the deadline for selling his casino but left open the possibility of a rehearing. Sanborn’s legal team is seeking a partial rehearing to further delay the revocation, while the Lottery Commission is pushing for clarity on whether the ruling extends the original deadline.

Sanborn, who was forced to sell the Concord Casino after an investigation revealed he misused $844,000 in COVID-19 relief funds, is now embroiled in a legal battle over the interpretation of the court's ruling. His attorneys have accused the state’s Lottery Commission and Attorney General's Office of intentionally delaying the approval of a proposed buyer for the casino, with the aim of derailing the sale.

“The state is free to disagree with that ruling, but the state is not free to defy it,” said Sanborn’s attorney, Zachary Hafer, in a statement, adding that the state has misinterpreted the court's intent and acted as though the license has already been revoked.

Sanborn’s attorneys claim that the state is deliberately slowing down the review process for the buyer of the casino in order to block the sale. “Rather than approve the buyer and put this case to rest, the state has dropped any pretense and made clear it intends to do what it can to delay and block a sale,” they wrote in a court filing.

Judge Albert had previously noted that enforcing the license revocation by Oct. 1 would render the Concord Casino “virtually worthless” because its gaming license is its most valuable asset. Sanborn’s attorneys argue that selling the casino with its license intact would facilitate a smoother transition for the new owner, as opposed to selling it without the license, which would complicate the process of finding a location, securing zoning, and acquiring gaming equipment.

Albert’s ruling left room for further delays in the case, with both parties given 15 business days to request a rehearing. If the case proceeds to higher courts, it could potentially reach the New Hampshire Supreme Court.

The legal complexities stem from an earlier investigation by the New Hampshire Attorney General and the Lottery Commission, which revealed that Sanborn had misappropriated pandemic relief funds meant for small businesses. The funds were used to finance personal expenses, including the purchase of a Ferrari for his wife, State Rep. Laurie Sanborn. A criminal investigation into the misuse of funds is ongoing.

The sale of the Concord Casino has been complicated by Sanborn’s legal troubles, with potential buyers expressing concern over the implications of the ongoing investigation.

Sanborn’s legal team remains adamant that the state is intentionally stalling the sale. “The state can no longer credibly deny that it is purposefully attempting to sink this deal -- in part by delaying its review of the buyer,” they said.