With Anthony Sanborn’s $40 million casino sale case heading to the New Hampshire Supreme Court, his lawyers have filed their final brief ahead of the Feb. 10 oral arguments.
Sanborn’s attorneys, Mark Knights, Zach Hafer, and Adam Katz, are asking justices to overturn an administrative judge’s order blocking the $40 million sale of Sanborn’s Concord Casino to an out-of-state buyer (identified as W.F.), as well as the order revoking Sanborn’s charitable gaming license. The lawyers argue Sanborn should be granted another 12 months to close the deal, along with deadline extensions to address any objections the state may raise regarding the sale.
Notably, Sanborn’s brief is heavily redacted, removing any mention of the proposed sale’s details. A breakdown of the proposed transaction appears in a recently filed state brief with the Supreme Court, but that document has since been removed from public access after NHJournal reported on the proposal last month.
According to the state’s brief, the sales agreement hinged on the buyer, W.F., securing a Historic Horse Racing (HHR) license for the business. Although Sanborn has repeatedly said he wanted to sell his business and exit the gaming industry, the proposed deal would have left him with control over the casino for years.
Under the terms of the agreement, W.F. would pay Sanborn $1.5 million upfront and place another $1.5 million into escrow. In addition, W.F. agreed to pay Sanborn $7 million after obtaining an HHR license, securing financing to build a new HHR facility, and resolving legal issues related to the land intended for the project.
Until the full $10 million was paid, W.F. could not sell the casino without Sanborn’s permission, according to the agreement. On top of that, W.F. agreed to pay Sanborn an additional $30 million in quarterly payments over five years.
As part of the sales agreement, W.F. also signed a 10-year lease for the Main Street building in Concord, where the casino is located. Sanborn owns the building through another LLC and operates a sports pub at the same site. The lease includes discounted food and beverage sales from Sanborn.
Sanborn faced a Sept. 30, 2024, deadline to sell the Concord Casino afterAttorney General John Formella accused him of improperly obtaining $844,000 in COVID-19 relief loans. Court documents allege Sanborn used the funds to pay himself rent and purchase sports cars. His gaming license was suspended on Dec. 29, 2023, and he was given six months to sell the casino. The forced-sale order allowed Sanborn to seek a three-month extension if he had a buyer lined up pending state approval.
Sanborn’s legal team claims New Hampshire Lottery Commission Executive Director Charles McIntyre and Formella actively sabotaged Sanborn’s efforts to sell the casino before the deadline, ensuring his gaming license would be revoked. As a result, they argue, the business became virtually worthless.
The motive was personal, Sanborn’s lawyers contend. In their filings, they repeatedly cite a 2024 interview McIntyre gave to state investigators in which he referred to Sanborn as a “lying sack of trash.”
In that interview, McIntyre told investigators the Lottery Commission had long dealt with Sanborn’s noncompliance regarding audit and cash-management regulations, while Sanborn blamed the commission for hindering his business.
“I mean, certainly first the cash management, and then the expansion, where he basically lied to us and said, ‘Oh, you’re the last thing holding us up.’ And then I find out he didn’t get approval for his fire sprinkler system yet,” McIntyre said. “It’s like, ‘You lying sack of trash.’ … It was a constant catching up with him.”
Whatever the outcome of the appeal, lawyers are likely to be the big winners. Sanborn’s legal team is also defending him in the criminal case stemming from the casino controversy. Sanborn faces a criminal trial this spring on charges he fraudulently obtained COVID-19 relief funds from the state. Prosecutors have also charged the business, operating as Win Win Win LLC, with the same alleged fraud.