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You can’t beat the house, so former state Sen. Andy Sanborn is going to court for better odds.

Sanborn, the controversial Bedford Republican and owner of the Concord Casino, filed a lawsuit late last week to stop the New Hampshire Lottery Commission’s hearing into allegations he is unfit to hold a casino license. Sanborn is accused of misusing $844,000 in COVID relief money.

Sanborn claims he did nothing wrong. But court documents show a state audit found he allegedly overpaid himself hundreds of thousands in rent, bought sports cars for himself and his wife, state Rep. Laurie Sanborn (R-Bedford), and used the federal funding to plan a new casino. State officials call it an “airtight case,” according to court records.

Sanborn asked Judge Martin Honigberg in Merrimack Superior Court to set the Lottery Commission hearing for December once his lawyers have had time to go through the evidence. 

“Defendants have violated Plaintiff’s due process rights by refusing to allow Plaintiffs time to prepare for a hearing and refusing to allow an impartial adjudicator to preside over the proceedings,” Sanborn’s lawsuit states.

Sanborn additionally wants Lottery Commission Chair Deborah Douglas removed from the case, claiming she has prejudged his case. He is asking to have an independent presiding officer appointed and to be reimbursed for his attorney fees.

Honigberg granted Sanborn an emergency temporary restraining order delaying the planned Oct. 13 Lottery Commission hearing, but the judge did not make any rulings on the complaint’s merits. The state and Sanborn are now due in the Concord court on Oct. 20 to argue when the commission hearing should occur.

A state audit detected the alleged COVID relief fraud in May 2022. Court records indicate concerns about Sunburn go back further. The previous year’s audit found problems with the casino’s record-keeping and internal financial controls. According to court records, both Laurie and Andy Sanborn had been disciplined and fined by the commission for breaking state casino rules.

Along with two Porsches and a Ferrari allegedly bought with COVID money, the May 2022 audit found Sanborn was paying himself rent for the casino. While the casino is owned through Sanborn’s Win, Win, Win LLC, the Main Street property in Concord is owned by another Sanborn LLC, The Best Revenge LLC.

The lease agreement between Best Revenge and Win, Win, Win has the casino pay the property $6,000 a year in rent, paid out at $500 a month. According to the audit, Sanborn wired $163,500 from Win, Win, Win to Best Revenge between January and August 2022 to cover the rent. 

That was more than $20,000 a month for the $500 a month rent. To put it another way, Sanborn paid himself for more than 27 years of rent in eight months.

According to the audit, Sanborn’s casino was losing money, and the business was down to a little more than $900 available cash before the COVID relief money came through.

Sanborn disputes those facts, claiming the audit looked at the wrong accounts and he had about $150,000 available. He states that while the business lost money in 2020, things had picked up in 2021. Sanborn claims the casino generates $400,000 a month in revenue.

The commission had concerns about Sanborn before the May 2022 audit. Records show his suitability to hold a casino license was being questioned. The commission worried about his stint as a state senator when crude jokes resulted in allegations of sexual harassment in 2013 and an investigation into a bribe to hush up a witness in 2018.

Sanborn was cleared of the bribery accusation and acknowledged making a crude joke in front of an intern. While the exact joke has not been disclosed, records indicate he was discussing oral sex. One woman told investigators she was warned not to be alone with Sanborn when she started her job in the State House.

The commission was also concerned about the lawsuit brought by creditors in his business bankruptcy filing. Sanborn filed for bankruptcy in 2004 as his business, Brannigan’s Cycleworks, was failing. According to court records, he was sued by creditors who accused him of moving money ahead of the bankruptcy.

Sanborn first got the casino license in 2018 and was up for renewal when the alleged fraud was found.

Laurie Sanborn was forced to step down as chair of the new state gambling commission after New Hampshire Attorney General John Formella announced the fraud allegations against her husband in September.

Formella is investigating both Andy and Laurie Sanborn. He has also referred the case to federal prosecutors.

Is the state’s new commission studying the charitable gaming industry dealing from the bottom of the deck?

The new state budget that took effect in July created the Commission To Study The Effect Of Recent Changes Made To Charitable Gaming Laws, which held its first meeting Monday morning. Eyebrows were raised when the commission picked Rep. Laurie Sanborn (R-Bedford) as its chair, despite her and her husband operating the Concord Casino since 2018.

“I think Laurie’s a lovely person, but I don’t think she’s the right person to lead this commission,” commission member Sen. Lou D’Allesandro (D-Manchester) told NHJournal. Though he could not attend its first meeting, he said he urged other members to take actions that would be viewed as fair and transparent to the public.

“It should not be chaired by a player in the gaming industry,” D’Allesandro said.

Unlike nearly every New Hampshire state government public hearing, the commission’s meeting was not broadcast on streaming video.

Sanborn did not respond to a request for comment.

Commission member Rep. Fred Doucette (R-Salem) nominated Sanborn for the chair. She sees no problem overseeing a commission that is expected to propose changes to the gambling industry, even with her stake in the casino.

“Anything can seem like a conflict of interest depending on how you look at it,” Doucette said.

He said Sanborn brings an insider’s perspective about the casino business to her role, which will be an asset to the commission. Other legislative committees and commissions include members and chairs involved in the industries they oversee, he said.

“We’re a volunteer legislature, and we have to draw from the knowledge and expertise we have at hand,” Doucette said.

Sen. Tim Lang (R-Sanborton), another commission member, told NHJournal that Sanborn declared her conflict before being nominated, as House rules require. Lang said Sanborn got on the commission in the first place because House Speaker Sherman Packard (R-Londonderry) appointed her.

“The speaker knew Laurie’s background and chose to appoint her to the commission,” Lang said.

Packard did not respond to a request for comment.

Other members of the commission:

• Attorney General John Formella
• Rep. John Janigian (R-Salem)
• Rep. Benjamin Baroody (D-Manchester)
• Rep. Richard Ames (D-Jaffrey)
• NH Lottery Director Charles McIntyre
• Aaron Gomes, COO Peninsula Pacific Entertainment
• Norman Roberge, treasurer of the Concord Lions Club
• Giovanna Bonilla, director of events and partnerships with the Boston Billiards Club and Casino

New Hampshire allows casinos under its charitable gaming rules which limits how much players can bet and requires casinos to donate 35 percent of the house take to New Hampshire charities. The state keeps 10 percent of the revenue.

The state raised the limit on maximum single-play bets from $10 to $50 in this year’s budget as part of legislation that created the study commission. The commission will look at issues that could impact casino operations and how much charitable groups can expect in donations.

And because state revenues are at stake, some people who attended Monday’s meeting raised questions about who, if anyone, would be advocating on behalf of the taxpayers.

“I saw the casinos and I saw the charities, this is their commission. But where were the taxpayers? ” one person in attendance who asked to speak on background told NHJournal.

The commission is also expected to review the rent charities pay to the operators’ establishments that house them. This rent payment can lower the charity’s take, reducing the amount of charitable donations. Concord Casino is located in The Draft Sports Bar, also owned by the Sanborns. According to records filed with the New Hampshire Secretary of State’s Office, the Draft and Concord Casino are separate business entities.

The commission is also tasked with studying how licenses are issued in the state. The commission could recommend limiting new licenses in municipalities where there are already casinos. Andy Sanborn recently won approval from the city of Concord for a new, large-scale, 43,000-square-foot casino, called Image Casino, to be located at the end of Loudon Road.

Former Rep. Edward “Ned” Gordon (R-Bristol), who still chairs the Legislative Ethics Committee, would not comment on Sanborn’s chairmanship. The Legislative Ethics Committee only gets involved in issues where a complaint is filed.

“The Ethics Committee is not a police force,” he said.

New Hampshire has different ethical standards for different types of officials. For example, someone in the executive branch is barred from overseeing an industry in which they or a spouse has a financial interest. And under rules for the judiciary, judges must recuse themselves from cases in which they or their spouses could benefit.

However, Laurie Sanborn’s leadership of the study commission does not necessarily violate House rules for legislators. The rules require legislators to file a declaration of intent when there is a conflict of interest. Those declarations must state the nature of the conflict and whether or not the lawmaker plans to vote anyway. Declarations can also be made verbally at meetings.

D’Allesandro said the current standard simply is not good enough.

“If your husband owns a casino, or you and your husband own a casino, that’s a conflict of interest,” D’Allesandro said.

Gordon tried and failed to get the conflict of interest rules changed for legislators. He sponsored 2020’s HB 1694, which would have forced legislators to recuse themselves where there is a conflict of interest similar to the Sanborn’s. Gordon’s bill died in the Senate.

The Image Casino proposal is now the subject of a lawsuit. A dozen city residents filed an appeal in the Merrimack Superior Court of the city Planning Board’s approval for the casino. The appeal claims the Planning Board voted to approve the project without proper public notice.