In a move that many anticipated, Concord Casino owner Andy Sanborn, facing significant challenges, has formally appealed the decision to revoke his gaming licence in New Hampshire.
Jdigital
A report from the Concord Monitor yesterday (16 December) indicates that Sanborn has submitted his appeal to the Merrimack County Superior Court. As anticipated, Sanborn’s legal representatives had pledged to challenge the decision after the state turned down a possible sale in late November.

A potential purchaser had been secured for several months, leading to the extension of prior deadlines. The state lottery commission, along with the attorney general’s office, carried out thorough suitability reviews. The initial rejection by the state was attributed to the buyer; however, it was subsequently clarified that the concerns were actually related to the structure of the sale. Sanborn’s legal representatives asserted that the purchaser had collaborated with the state to address these issues, but their efforts were unsuccessful.

In the appeal, his team claims that the state “sought to intimidate buyers” and created delays in order to “exceed the revocation deadline.” This intimidation points to Sanborn's upcoming legal responsibilities. According to state legislation, individuals or businesses found guilty of a felony are prohibited from obtaining a gaming licence for a period of 10 years. The claim contends that the state indicated potential buyers “could encounter criminal liability”, thus diminishing the likelihood of a sale.

This month, reports emerged indicating that Bettor Investments Inc and Full House Resorts were engaged in talks regarding the licence. But it is unclear if either was the party that was eventually turned down.

The legal dispute escalated in intensity.
The appeal represents the latest chapter in what has been a year-long war between Sanborn and the state. Last August marked the beginning of a significant development, as attorney general John Formella deemed Sanborn unfit for licensure. The former is accused of misappropriating $844,000 (£660,846/€803,192) in pandemic relief funds related to the casino. Charges have not yet been filed in that investigation.

Formella’s office aimed for a total cancellation of Sanborn’s licence. Although that request was denied, Concord Casino was closed last December, with a deadline for sale set for June 2024. That ultimately went through and was prolonged two additional times, but by the conclusion of November, those extensions had also lapsed. The gaming licence held by Sanborn, which represented the core value of the business, has now been revoked for a minimum of two years.

In mid-October, a significant development unfolded as Sanborn faced arrest on fresh fraud charges. Those charges stemmed from Sanborn misrepresenting the casino’s gross receipts in order to obtain more relief funds. This raised new questions about the potential transfer of his increasing legal responsibilities to the buyer, and these worries significantly contributed to the breakdown of the agreement.

Sanborn and his team have said from the start that the state has done all it can to block a sale. They claim this is a move to settle scores following the initial decision not to revoke Sanborn’s licence. From the viewpoint of the state, Sanborn has had sufficient opportunity to negotiate a sale and is exploiting extensions to enhance his profit, despite the process being intended as a penalty for him.