By GARRY RAYNO, InDepthNH.org
CONCORD — The state Supreme Court upheld the NH Lottery and Gaming Commission’s decision to revoke Concord Casino’s gaming licenses and to deny a purchaser’s licensing application for the facility.
The commission revoked the gaming licenses held by former State Sen. Andrew Sanborn for Concord Casino after an audit determined he misused a COVID relief program grant to purchase race cars for himself and his wife, former Rep. Laurie Sanborn.
Sanborn and his Win Win Win, LLC, a company that owned and operated the Concord Casino in the Draft Bar and Grill on South Main Street, appealed a number of decisions made by the commission concerning the casino.
Attorney General John M. Formella said the Supreme Court found the commission — in consultation with the Attorney General’s Office — made no errors in its decisions in determining the proposed principals in the sale of Concord Casino did not meet the suitability requirements to hold licenses for charitable gaming in the state.
“Charitable gaming in New Hampshire must be conducted with integrity, transparency, and accountability,” said Attorney General Formella. “The New Hampshire Department of Justice works in partnership with the Lottery and Gaming Commission to ensure that those seeking to participate in charitable gaming meet the standards required by law. We are pleased the Supreme Court has affirmed the Commission’s decisions in this matter, as those decisions were made in furtherance of the Commission’s responsibility to ensure that all charitable gaming operators meet the requirements of New Hampshire law.”
After the commission and attorney general found that Sanborn no longer was suitable to hold gaming licenses, he was ordered to sell the casino with a time limit after which his licenses would be revoked.
Sanborn claimed the commission tried to drive away purchasers of the casino in order to push any sale past the deadline.
He sought additional time and sought rehearings of commission decisions.
Sanborn had a reported $30 million agreement for the sale of the casino contingent on the new owner’s application being approved by the commission.
Eventually Sanborn and Win Win Win appealed a number of bundled decisions to the Supreme Court concerning the extension he sought for the sale to go through and in denying the buyer’s application for gaming licenses
In his appeal Sanborn also claimed his due process rights had been violated, but the court found he had not raised that argument before the commission and it was not preserved for appeal.
The commission sought to revoke Sanborn’s license for Concord Casino in 2023 after the Concord Planning Board had approved an expanded charity gaming casino on Concord Heights he proposed.
The US Attorney’s office opened an investigation into the misuse of federal Economic Injury Disaster Loan funding from the Small Business Administration.
Sanborn applied for and obtained an $844,000 loan saying he would use the proceeds solely as working capital for Win Win Win.
However, according to the US Attorney, Sanborn misused $255,232.72 of the funds for personal expenditures including $48,750 to purchase a 2006 Porsche Cayman.
In July, Sanborn pleaded guilty to the theft of government funds in US District Court and is awaiting sentencing. The state also charged him with defrauding a different pandemic financial relief program.
In reviewing the application of the purchaser of the Concord Casino, the commission and attorney general found that the arrangement allowed Sanborn to continue to be involved in the operation of the casino through his position in Win Win Win while he had already been found ineligible to hold gaming licenses by the commission.
The commission also found that the purchaser failed to prove he had the financial resources to pay for the sale and the continued operation of the casino.
The court upheld the commission’s decisions.
Garry Rayno may be reached at garry.rayno@yahoo.com.