New Hampshire Administrative Judge Says Andy Sanborn’s Casino License Can Be Revoked

Posted on: December 2, 2024, 10:25h. 

Last updated on: December 2, 2024, 10:25h.

Ed Silverstein @casinoorgedsilv Read More

Expertise: Legal, Tribal Gaming.

A New Hampshire judge ruled last week the license of casino owner Andy Sanborn apparently can be revoked in what’s the latest twist in the continuing controversy.

With the ruling, New Hampshire Lottery Commission officials can proceed with revoking the license for his Concord Casino. Sanborn reportedly is no longer entitled to extensions for a possible sale.

Ruling Can Be Challenged

Also, Administrative Law Judge Gregory Albert said Sanborn’s legal team or lawyers representing state officials can fight the issue in court or have the Lottery Commission rehear the case, New Hampshire Public Radio (NHPR) reported.

For many months, Sanborn has been trying to sell Concord Casino to an unnamed buyer. State officials ordered him to close the casino and sell it.

He’s been unable to complete the transaction and requested extensions. Without a license, it becomes hard for Sanborn to complete the sale, according to NHPR.

Albert was persuaded by some arguments made by Sanborn’s attorneys when it comes to him getting an additional extension. But the decision should be made by other officials.

“(Sanborn) correctly argues, as (I) held, that the equities in this matter strongly favor an extension given the positive tax revenue and support of charitable organizations,” Albert said in his ruling.

But Albert added, “whether that suitability determination was properly made is a question for the courts — not (me.)”

In response, two lawyers, Zachary Hafer and Adam Katz, who represent Sanborn, told NHPR they are ready to fight the issues in court.

We agree with Judge Albert that the public interest overwhelmingly favors a sale. We remain committed to the sale and look forward to closing,” Hafer said.

“The Buyer has now provided the state a clear path to closing the transaction, which is in the best interest of the community, the taxpayers, and the charities,” Hafer added.

Last year, New Hampshire Attorney General John Formella launched an investigation on Sanborn, a former state senator, and his wife, Rep. Laurie Sanborn, for improper use of $844K in COVID relief loans. Andy Sanborn spent about $182K of the money to purchase two Porsches and a Ferrari, one of which was given to his wife, officials claim.

Both Formella and the Lottery Commission have worked to revoke the casino’s license. Sanborn wasn’t charged for that issue.

But in October he was arrested for fraudulent use of aid given to small businesses during the pandemic. He allegedly inflated the casino’s gross receipts by about $1M. That let him get an additional $188K from the government fund.

Blocking the Sale

State officials have rejected allegations they are trying to block the sale of Concord Casino and say they are being cooperative.

But Hafer says the state is attempting to prevent the sale of the casino to the interested buyer.

It remains unclear why the state is standing in the way of the public interest. We hope the state will do the right thing voluntarily, but we are prepared to pursue our rights in court,” Hafer said.