Sanborn casino licence can be revoked, judge says

The protracted and contentious legal saga involving the revocation of Andy Sanborn’s casino license in New Hampshire has reached a significant turning point. On November 26, New Hampshire Judge Gregory Albert upheld the state’s decision to revoke Sanborn’s casino license, following a year-long process that culminated in the closure and forced sale of Concord Casino.

The state had already determined the license to be effectively revoked prior to Judge Albert’s ruling, rejecting a proposed sale in the process. According to New Hampshire Public Radio, Albert’s order solidifies the state’s decision, stating that although Sanborn may proceed to sell the casino, the lack of a historical horse racing (HHR) license renders the business virtually valueless. This revocation is poised to last for a duration of two years.

Judge Albert acknowledged the potential financial impact of closing the casino on local charities, demonstrating a degree of empathy in his handling of the case. However, he confirmed that he no longer had the authority to delay the revocation process further.

Sanborn’s legal team, comprised of attorneys Adam Katz and Zachary Hafer, has announced plans to appeal the ruling. Hafer noted to NHPR, “It remains unclear why the state would prevent the sale. We hope the state will willingly take action, but we are prepared to pursue our rights through the judicial system.”

The timeline for when the revocation will take effect remains uncertain, as does the question of whether the two-year period includes the preceding year during which Sanborn’s license was suspended due to the forced sale process.

Legal Saga: A Long and Complicated Journey

Unless overturned by appeal, Judge Albert’s ruling effectively concludes a drawn-out legal battle characterized by drama and intrigue.

The saga began in August when New Hampshire Attorney General John Formella declared Sanborn unsuitable for licensure. The allegations against Sanborn, a former state senator, include the misappropriation of nearly $850,000 in COVID-19 relief funds associated with the casino and other business ventures. Notably, $182,000 of these funds was allegedly spent on luxury vehicles, including two Porsches and a Ferrari for his wife, State Representative Laurie Sanborn.

Although no criminal charges have yet been filed against Sanborn, he has initiated a lawsuit against the Attorney General’s office. Nevertheless, he was mandated to close and sell Concord Casino by January, although the state’s request for a complete revocation of his license was initially not granted. Sanborn was assigned a deadline in June to finalize the sale, which was extendable to September if a buyer emerged. This extension was eventually granted, reflecting the state’s willingness to navigate the complexities of the case.

In late September, Judge Albert opened a legal pathway to further extend the sale process. A potential buyer emerged, and the necessary suitability reviews were completed. However, when the state rejected the sale earlier this month, the concerns seemed to stem from the structure of the deal rather than suitability issues, as initially assumed.

Hafer mentioned that the buyer had clarified two significant queries posed by the state, yet no resolution was reached.

October Fraud Charge: A New Complication for Sanborn

To complicate matters further, Sanborn faced a fraud charge on October 16, accused of theft by deception. This charge alleges that he misrepresented Concord Casino’s gross receipts by approximately $1 million, enabling him to claim $188,474 in grant allowances unjustifiably. This charge carries the potential for a 15-year prison sentence upon conviction.

This latest charge complicates the sale process significantly, as the state cannot guarantee that any potential liabilities stemming from Sanborn’s actions would not transfer to the new owner. According to state law, any individual or entity convicted of a felony is barred from obtaining a gaming license for a minimum of ten years.

While Sanborn’s legal team has effectively secured process extensions thus far, the unfolding events of recent months cast substantial doubt on the feasibility of completing the sale.