Andy Sanborn’s Legal Team Appeals Casino Case to New Hampshire Supreme Court

Posted on: January 3, 2025, 08:16h. 

Last updated on: January 3, 2025, 08:16h.

Ed Silverstein @casinoorgedsilv Read More

Expertise: Legal, Tribal Gaming.

The co-owner of New Hampshire’s Concord Casino wants the state’s highest court to rule against state officials in a continuing regulatory and legal battle over the charitable gaming property.

Attorneys representing casino co-owner Andy Sanborn recently filed an appeal with the state Supreme Court, according to New Hampshire Public Radio (NHPR).

Battle Over Casino Sale

Key to Sanborn’s case are allegations that the New Hampshire Lottery Commission and the office of the state’s Attorney General illegally kept Sanborn from selling the casino. State officials have denied the accusations.

Another part of Sanborn’s argument points out that Administrative Law Judge Gregory Albert — who recently ruled against Sanborn — recognized it was reasonable to provide Sanborn another extension to sell the charitable casino, NHPR reported.

The equities in this matter strongly favor an extension given the positive tax revenue and support of charitable organizations,” Albert said in November’s ruling, according to NHPR.

But Albert said he didn’t have authority to grant the extension. In addition, Albert said he wasn’t in a position to rule whether the Attorney General’s office or the Lottery Commission acted wrongly when allegedly not approving the new owner and giving them a license, the report added.

Also, questions over the suitability of the possible new buyer “is a question for the courts,” Albert’s ruling said.

It will be up to the five judges on the Supreme Court whether they will hear the case.

License Revoked

Sanborn’s casino license was revoked in November. Albert gave permission to the Lottery Commission to revoke the license for two years. For Sanborn, to now sell the gaming property, the license needs to be put back into effect, according to Sanborn’s attorneys.

He’s hurt financially by not being able to sell Concord Casino, the lawyers argue. The charities which benefit from the casino also will be hurt if Sanborn can’t sell the gaming venue.

The public interest of this matter is beyond question,” Sanborn’s attorneys added in their appeal.

As of this week, the Attorney General’s office has yet to file a response to the appeal.

Prior Arguments

In a prior argument before a Merrimack County Superior Court judge, Sanborn’s attorneys argued against the actions of the Lottery Commission.

The revocation ruling was “unreasonable and unlawful,” his attorneys claimed.

“Throughout (the Sanborns’) efforts to sell their business, (the commission) attempted to intimidate buyers (e.g., by suggesting buyers would face criminal liability for conduct alleged to have been undertaken by Petitioners before the sale), undermine the possibility of a sale, and cause delays to run out the clock on the revocation deadline,” according to a part of the appeal, quoted by New Hampshire’s Union Leader news outlet.

About a year ago, Sanborn was ordered to close and sell the property following an investigation. The casino’s license also was suspended. Over the next several months, Sanborn was given extensions to close the purchase until the November ruling.

An entity called Bettor Investment Group recently attempted to purchase Concord Casino, according to the Concord Monitor news outlet. Full House Resorts Inc., also was interested in acquiring the Concord Casino, according to the Monitor.

In 2023, New Hampshire Attorney General John Formella launched an investigation on Sanborn, a former state senator, and his wife, former 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 (a casino co-owner), officials claim. Sanborn wasn’t charged for that issue.

In October, Sanborn 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, which allowed him to receive an additional $188K from the government fund.