It appears that one of the most bizarre and divisive legal disputes in US gaming may have reached a resolution. New Hampshire judge Gregory Albert ruled on Tuesday (26 November) that the state had the authority to remove Andy Sanborn's casino licence, nearly one year after he was compelled to shut down and sell Concord Casino.
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An attempted sale was already denied by the state, which had already declared the licence cancelled. Still, according to New Hampshire Public Radio, Albert's ruling this week really seals the deal. The casino is still up for sale by Sanborn, but the company would be completely useless without the HHR licence. The period of revocation is two years.
It is possible to appeal the verdict in court or with the state lottery commission, as Albert did mention. He could see how closing the casino would hurt local charity financially. He finally conceded he lacked the power to prolong the process and stepped aside.
The decision will be appealed, according to Sanborn's lawyers Adam Katz and Zachary Hafer. According to Hafer's interview with NHPR, "it remains unclear" why the state might decide to block the transaction. "We are ready to pursue our rights in court, but we are hoping the state will voluntarily do the right thing," he added.
The precise date of the revocation's implementation is still unclear. It is also not clear if the most recent year of Sanborn's licence suspension due to the forced sale will be included in the two-year revocation.
The saga has seemingly gone on forever.
At least for the time being, the dramatic and amusing legal tale can be concluded with Albert's order, barring any further appeals.
The process started in August of last year when John Formella, the attorney general of New Hampshire, declared that Sanborn was determined to be unfit for licensure. Former state senator Sanborn was accused by Formella of embezzling around $850,000 (£670,000/€804,000) from casino and other business-related Covid relief money. He bought a Ferrari for his wife, the representative Laurie Sanborn, and two Porsches for himself out of about $182,000 of that.
Despite suing Formella's office, Sanborn remains uncharged in that probe. The order to close and sell Concord Casino came to him in January, though. His licence was not completely cancelled, despite the state's efforts. The deadline for Sanborn to sell the casino was June, with the possibility of a September extension if a transaction was close. In the end, that extension was approved.
Afterwards, Albert paved the way legally to prolong the procedure once more in late September. The suitability checks have been finished and Sanborn has found a buyer. It seems the state's rejection of the sale earlier this month was connected to the deal structure rather than suitability problems, which were initially thought to be the reason.
Hafer informed NHPR that the buyer had attempted to resolve two concerns with the state regarding the sale, but their efforts had been unsuccessful.
The October charge was Sanborn's most recent problem.
The situation was further complicated in October by the filing of a separate fraud accusation. On October 16th, Sanborn was taken into custody on charges of theft by fraud. His alleged $1 million in gross earnings misrepresentation is at the heart of that probe. Because of this, he was able to get $188,474 more in grant allowances than what was due to him. He might spend as much as fifteen years behind bars if found guilty.
Because the state couldn't ensure that Sanborn's responsibility wouldn't pass to the new owner, this additional tax was substantial. Any individual or entity with a prior felony conviction is prohibited from holding a gaming licence for a period of ten years per state law.
Up to this point, Sanborn and his legal team have done an excellent job of securing extensions. However, given the recent turn of events, it appears highly doubtful that the deal will actually close.