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Prosecutors involved in the Andy Sanborn criminal probe may have copies of potentially sensitive attorney-client communications.

Sanborn, a former Republican state senator, is at the center of a legal firestorm that began when New Hampshire Attorney General John Formella accused him of COVID-19 fraud last year. 

Sanborn filed a lawsuit in Merrimack Superior Court against Formella’s office this summer, but the pleadings in the case are almost entirely under seal. However, a recent court order from Judge John Kissinger sheds light on at least one aspect of the dispute.

Kissinger ordered prosecutors to explain how documents from Sanborn’s lawyers considered legally privileged ended up with the state’s investigative team. Among other steps Kissinger ordered, he wants the state to provide to the court “factual affidavits on issues related to the past handling of seized documents and materials (including electronically stored information), as well as how clearly privileged documents may have been missed or not properly screened by the taint team,” Kissinger wrote in an Aug. 23 order.

Interior of Andy Sanborn’s Concord Casino visible from locked entrance.

Kissinger’s order indicated there are close to 6,700 documents as part of the discovery in the ongoing investigation thus far. Some of them in a commercial legal database program called Everlaw. Everlaw gives attorneys and law firms the ability to control and share information in large cases, and is frequently used to share discovery.

The order states that a taint team was handling discovery documents before handing them to prosecutors in the investigation. Prosecutorial taint teams are typically prosecutors not connected to the case that is under investigation. The taint team is supposed to read through and examine discovery, removing information considered privileged before giving the rest to the investigating team, or case team.  

Prosecutors have been instructed to provide Kissinger an audit of the state’s activity in the Sanborn Everlaw documents, showing which prosecutor viewed or downloaded any particular document. Sanborn’s legal team is under orders to provide Kissinger legal arguments for why the information should be privileged. 

Communication between lawyers and clients is privileged, meaning it does not have to be disclosed to police or prosecutors. That protection extends to evidence that can be obtained through discovery requests, subpoenas, and even in what is said in sworn depositions. Clients may waive the privilege protection if they choose.

After accusing Sanborn of making false statements in filing for business COVID relief funds, and then spending the part of the money on luxury sports cars, Formella announced his office would instigate a criminal investigation into Sanborn and his wife, state Rep. Laurie Sanborn (R-Bedford.) Both Andy and Laurie Sanborn are owners of Win Win Win LLC/Concord Casino, the business that received $844,000 in COVID money.

Despite the public and damning allegations Formella made last year, neither Sanborn has yet been charged with a crime. Andy Sanborn’s New Hampshire Gaming License was suspended in December after an administrative hearing on Formella’s allegations.

Administrative Law hearing officer Michael King found Sanborn engaged in deception when he applied for the COVID loans, and that Sanborn spent the money inappropriately, including the purchase of a Porsche and a Ferrari. 

“The misrepresentations on the EIDL [Economic Injury Disaster Loan] application and the subsequent use of the proceeds for expenditures not allowed by that loan constitute ‘conduct by the licensee that undermines the public confidence in charitable gaming,’” King wrote in his order.

In addition to the sports cars, Sanborn allegedly paid himself $240,000 with the COVID funds by raising his own rent.

Sanborn owns the Casino through his Win Win Win LLC and he owns the Main Street building where his Concord Casino is located through an entity called The Best Revenge LLC. 

The original lease agreement between Win Win Win and The Best Revenge LLC was for $500 a month. But records showed Sanborn was making payments to himself ranging from $10,000 to $30,000 a month for rent. 

Sanborn claimed the 40-fold rent increase was due to his casino floor space increasing six and a half percent. While it was alleged Sanborn was diverting COVID money to himself through rent, King found Sanborn’s high rental payments to himself started in 2021 before he received any COVID cash.

Sanborn started making payments in November 2021, ranging from $5,000 to $22,000. Those payments were seen as “wildly excessive” by the state.

Sanborn has until the end of the month under King’s order to sell his Concord Casino or face having the license revoked. Without a license, Sanborn has no casino business to sell. 

He’s accused of COVID fraud and under orders to sell his Concord Casino. But former state Sen. Andy Sanborn just raised the bet.

Sanborn filed a new civil lawsuit against New Hampshire Attorney General John Formella in Merrimack Superior Court in Concord on July 30. Sanborn and his legal team are keeping their cards close to their vests. The complaint, as well as nearly all of the filings in the case, are sealed.

Mark Knights, one of Sanborn’s lawyers, declined to comment when contacted by NHJournal. The New Hampshire Attorney General’s Office did not respond to a request for comment as well.

What is known about the case from the publicly available information is that Sanborn is seeking an injunction of some kind, presumably to block the state from taking a particular action. Additionally, the Attorney General’s Office has prosecutors Dan Jimenez, David Lovejoy, and Alex Kellerman assigned to the case. Jimenez is part of the Public Integrity Unit which investigates wrongdoing by public officials. Lovejoy is part of the Criminal Justice Bureau. Kellerman is a former corporate attorney now working for the attorney general.

Sanborn’s legal drama began a year ago when Formella publicly accused Sanborn and his wife, state Rep. Laurie Sanborn (R-Bedford), of COVID relief fraud. According to Formella, the couple took $844,000 in COVID relief payments for their Concord Casino and used the money to pay themselves via rent and buy themselves sports cars.

The Sanborns deny wrongdoing and have yet to be charged with a crime. However, the state pushed to take away the Concord Casino gambling license based on the alleged fraud. In December 2023, Administrative Law hearing officer Michael King found Sanborn engaged in deception when he applied for the COVID loans and that Sanborn spent the money inappropriately.

“The misrepresentations on the EIDL [Economic Injury Disaster Loan] application and the subsequent use of the proceeds for expenditures not allowed by that loan constitute ‘conduct by the licensee that undermines the public confidence in charitable gaming,’” King wrote in his order.

Aside from using the money to buy a Porsche and a Ferrari, Sanborn allegedly paid himself $240,000 with the COVID funds by raising his own rent.

Sanborn owns the Casino through his Win Win Win LLC and he owns the Main Street building where his Concord Casino is located through an entity called The Best Revenge LLC. 

The original lease agreement between Win Win Win and The Best Revenge LLC was for $500 a month. But records showed Sanborn was making payments to himself ranging from $10,000 to $30,000 a month for rent. 

Sanborn claimed the 40-fold rent increase was due to his casino floor space increasing six and a half percent. While it was alleged Sanborn was diverting COVID money to himself through rent, King found Sanborn’s high rental payments to himself started in 2021 before he received any COVID cash.

Sanborn started making payments in November 2021, ranging from $5,000 to $22,000. Those payments were seen as “wildly excessive” by the state.

Sanborn’s casino license was suspended and he was given six months to sell his business. That deadline has been pushed to the end of September as Sanborn continues to fight with the Attorney General’s Office. 

The state has been trying to exert influence over the sale, according to NH Bulletin reporting, while potential buyers have been scared off by the potential criminal charges. Sanborn’s lawyers have accused the state of trying to stop any sale out of spite. 

If Sanborn is unable to sell his business by the Sept. 30 deadline, his gaming license will expire, and he would not have a casino business to sell.

Andy Sanborn, who ran a failed bid for the GOP nomination in the First Congressional District in 2018, has a troubled past in politics. He was investigated for alleged sexual harassment of a Senate intern in 2013, though he maintains it was a misunderstanding about a joke.

When Sanborn first got his casino license in 2018, the harassment incident came back. That time he was investigated for allegedly bribing one of the witnesses. He was cleared of the bribery accusation, but the New Hampshire Lottery Commission was concerned about his suitability to hold a license. According to Commission records, one of the 2018 witnesses told investigators she was warned not to be alone with Sanborn when she started her job in the State House.

Andy Sanborn’s luck has run out.

After finding Sanborn lied on his application for $844,000 in COVID relief money and then used that cash to pay himself $240,000 and buy sports cars, hearing officer Michael King ordered Sanborn to sell his Concord Casino business.

King is the independent hearing officer who presided over the administrative rules hearing regarding complaints brought by the New Hampshire Lottery Commission against Sanborn, a former GOP state senator and one-time candidate for Congress.

“The misrepresentations on the EIDL [Economic Injury Disaster Loan] application and the subsequent use of the proceeds for expenditures not allowed by that loan constitute ‘conduct by the licensee that undermines the public confidence in charitable gaming,’” King wrote in an order released Thursday.  

Sanborn’s casino license is now suspended for six months, during which time he must find a buyer who can pass the New Hampshire Lottery Commission’s background check. If no suitable buyer is found in that time, the license will be revoked.

Testimony from this month’s hearing and evidence filed in the case revealed Sanborn tried to hide the fact from the federal government that his EIDL loan was going to a casino business. Casinos were not eligible for the EIDL program.

Sanborn and loan consultant Michael Evans listed the business as “Win Win Win LLC” and did not use the trade name “Concord Casino,” King noted in his order. The pair also claimed the business engaged in “miscellaneous services” and not that it was a “charitable gaming facility,” according to King.

When Sanborn started getting the COVID money, he had a little more than $900 in his business bank account, according to King. Within a couple of weeks, Sanborn started buying. According to the evidence, he bought a pair of Porsches, a Ferrari for his wife, state Rep. Laurie Sanborn (R-Bedford), and expensive car parts.

Those purchases would be listed as business equipment in Win Win Win’s financial statements, according to the review.

Further, Sanborn paid himself $240,000 in rent between January and August 2022 for the casino’s Main Street space in Concord. 

Sanborn owns the building housing the casino through a different LLC called The Best Revenge LLC. While the original lease agreement between Win Win Win and The Best Revenge is for a $500 a month lease, Sanborn was making payments to himself ranging from $10,000 to $30,000 a month for rent, according to the evidence. 

Sanborn claimed the 40-fold rent increase was due to his casino floor space increasing six and a half percent. While it was alleged Sanborn was diverting COVID money to himself through rent, King found Sanborn’s high rental payments to himself started in 2021 before he received any COVID cash.

Sanborn started making payments in November 2021, ranging from $5,000 to $22,000. Those payments were seen as “wildly excessive” by the state.

The decision ends Sanborn’s second act as a casino owner. He was in the process of developing a larger casino in Concord when the state alleged he had fraudulently obtained the COVID money.

Sanborn has 15 days to appeal King’s decision, though he might have other legal concerns. The New Hampshire Attorney General’s Office and the United States Attorney’s Office are now looking into Andy and Laurie Sanborn. The pair are the subject of an investigation by the Attorney General’s Public Integrity Unit.

“It was off the charts.”

Leila McDonough, the New Hampshire Lottery Commission auditor, described the volume of issues the state had with Andy Saborn’s Concord Casino.

McDonough made the comments during a Monday hearing over whether the former state senator can keep his casino owner’s license despite accusations of fraud, including using COVID relief money to buy sports cars. While Sanborn’s attorneys claimed Sanborn did nothing wrong, McDonough testified Sanborn never cared to follow the rules.

The Department of Safety showdown featured one witness for the state, McDonough, the woman who for years was tasked with trying to get Sanborn to follow state regulations.

McDonough’s testimony painted the picture of Sanborn as entitled and stubborn, a casino operator whose refusal to follow basic accounting procedures created a huge mess — or worse, led to massive fraud.

For instance, when a casino owner claims to have hundreds of thousands in cash, but he won’t let the state auditor in charge of casino financial reports count the money, you have a problem, she said.

“How can you conduct an audit that includes cash when you’re not allowed to count the cash?” McDonough asked. “Eventually, you have to assume the cash doesn’t exist since you’re not allowed to see it or count it.”

She said Sanborn was difficult to deal with since he opened his casino in 2018. Both Sanborn and his wife, state Rep. Laurie Sanborn, would call the commission to complain about audits and regulations they had to follow, McDonough said. The Concord Casino’s record-keeping was sloppy at best, she added, and Sanborn never appeared to take the legal requirement from the commission seriously. 

McDonough is the Lottery Commission auditor who spotted enough red flags to go to the commission’s enforcement officials. who then brought in New Hampshire Attorney General John Formella. Formella has said a criminal probe by his office is also underway.

At one point, McDonough said, she found a statement of cash flows for July 2021 through to July 2020.

“This is actually the document that made me very concerned,” McDonough said.

That document showed Sanborn’s casino ran a $29,000 operating loss in that year and had no cash. This was at the time Sanborn claimed to have $200,000 in cash in secure locations McDonough was not allowed to see.

The statement also showed a large amount of cash invested in large equipment that had little to do with the business, like two Porsches and a Ferrari. The Ferarri was reportedly a gift for Laurie Sanborn. 

Sanborn still managed to report $23,000 in cash for owner’s equity, McDonough testified. According to the records, Sanborn reported taking $5,700 in cash out of a bank and putting that into the equity cash amount.

“I’ve never seen this done with any other entity,” she said. “That was very odd.”

The financial statement McDonough revised seemed to show the whole operation was being funded with $844,000 in COVID relief loan money. The records also repeatedly showed large ticket purchases like the sports cars and tens of thousands in car parts charged business expenses.

McDonough reportedly uncovered Sanborn was also paying himself rent for the casino. The casino is owned through Sanborn’s LLC called Win, Win, Win LLC, but the Main Street property in Concord, where the casino is housed, 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 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.

McDonough said the records had a lot of large, round numbers for expenses that lacked detail and supporting documentation.

Sanborn was not at the hearing. One of his attorneys,  Zachary Hafer, said Sanborn is in Boston receiving medical treatment. His legal team includes attorney Mark Knights, who argued the state’s case simply does not stand up to scrutiny.

“It is an incomplete story that has yawning gaps in the evidence,” Knights said.

Accused of spending COVID relief money on sports cars, Andy Sanborn is betting he can keep the license for his Concord Casino.

Sanborn, a former GOP state senator, is now set to argue his case to the New Hampshire Lottery Commission at a Monday hearing after weeks of delays. Sanborn sued the state to push back the hearing, originally scheduled for October. He successfully got more time for his lawyers to put together his defense.

Sanborn has denied the accusation that he misused $844,000 in COVID relief funds to buy himself two Porsches and a Ferrari for his wife, state Rep. Laurie Sanborn (R-Bedford.).

In August, the Lottery Commission and New Hampshire Attorney General John Formella publicly declared Sanford unfit to hold a casino license based on the alleged misdeeds uncovered during a regular background investigation.

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

Along with three vehicles allegedly bought with COVID money, the May 2022 audit found Sanborn was paying himself rent for the casino. It is owned through Sanborn’s Win, Win, Win LLC, but the Main Street property in Concord is owned by another Sanborn business, 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 appears to have 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. While the business lost money in 2020, things had picked up in 2021, he states. 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 had worries about his past stint as a state senator, where 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. He acknowledged making a crude joke in front of an intern. The exact joke has not been disclosed, but 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.

After Formella announced the charges, Laurie Sanborn was forced to step down from her role as chair of the new state gambling commission. Formella referred the matter to his office’s Public Integrity Unit as well as to the United States Attorney for the District of New Hampshire.

Former state Sen. Andy Sanborn said he is eager to defend against accusations he used his Concord Casino to engage in COVID relief fraud.

Just not yet.

“We are very much looking forward to meeting these allegations head-on in a fair proceeding … but not in a rigged proceeding,” said Zachary Hafer, one of Sanborn’s lawyers.

Merrimack Superior Court Judge Amy Ignatius

Hafer appeared in Merrimack Superior Court on Monday to ask Judge Amy Ignatius for an order forcing the New Hampshire Lottery Commission to treat his client fairly.

Sanborn was not in court. Hafer said Sanborn was dealing with serious medical issues. 

Sanborn isn’t actually due in any court – yet — over charges he misused $844,000 in COVID relief funds to buy himself two Porsches and a Ferrari for his wife, state Rep. Laurie Sanborn (R-Bedford), among other accusations. New Hampshire Attorney General John Formella has opened a criminal investigation into the alleged fraud, and he has referred the case to the United States Attorney’s Office.

While Sanborn has not been charged with any crime, he still faces the loss of his casino license over the allegations. Sanborn was scheduled for an Oct. 13 hearing before the New Hampshire Lottery Commission after Formella declared Sanborn was “not suitable to be associated with charitable gaming in New Hampshire due to evidence of COVID-19 relief fraud involving Concord Casino’s charitable gaming business.”

But Sanborn and his team have stalled, making demands about the evidence, the rules of the hearing, even who the presiding officer will be, said the attorney representing the Lottery Commission, Assistant Attorney General Christine Wilson.

“We’ve offered them pretty much everything they want. I think they’re trying to drag out this process,” Wilson said.

On Oct. 12, Sanborn’s legal team got a temporary court injunction to stop the Oct. 13 hearing, claiming they did not have enough time to mount a proper defense and requesting a delay until Dec. 3. On Monday, Hafer and his team requested an additional delay to Dec 11.

Wilson said pushing the decision on Sanborn’s license to next year could be a net positive for the embattled owner.

“Running out the clock is a real possibility,” Wilson said.

Sanborn’s casino license expires on Dec. 31, as a matter of course. Wilson said that allowing it to expire without getting revoked could make it easier for Sanborn to transfer ownership.

Hafer took umbrage at the suggestion that he and his team are stalling.

“The idea we’re operating in bad faith and trying to run out the clock is nonsense,” Hafer said.

Judge Ignatius seemed skeptical that there was a role for her in this drama. The casino industry already has a body for complaints, rulings, and appeals — the Lottery Commission. 

“Why is this in the superior court?” Ignatius asked.

Hafer argued court intervention was needed because the Lottery Commission is playing games like “heads we win, tails you lose.” He said he wants Igantius to order the Lottery Commission hearing for December, require the Lottery Commission to follow one set of fair administrative rules, pick a fair, qualified independent professional to oversee the hearing and prohibit any surprises from the commission.

The commission initially said it would not call witnesses for the Oct. 13 hearing but then gave Hafer and his team three different sets of witness lists. The commission also gave inconclusive answers when asked about the burden of proof that will be used at the hearing. The burden of proof being on the plaintiff or on the defendant depends on which set of administrative hearing rules are used, and the commission indicated it would use different sets of rules at different points, Hafer claimed.

Wilson acknowledged the commission could have handled things better. “Nobody is saying the process and how we got here is perfect,” Wilson said.

Hafer also worried the commission would bring up old accusations against Sanborn as part of the hearing on his license.

Sanborn’s history includes accusations of stiffing creditors in a 2000s business bankruptcy case. There is also a history of sexual harassment allegations from his time as a state senator, which resulted in a New Hampshire Department of Justice investigation. Sanborn was cleared in 2018 of bribing a Senate intern in connection to those allegations.

As for the current accusation, the commission and the New Hampshire Attorney General’s Office aren’t professional accountants, Hafer said. The state investigation is riddled with errors and is based on incomplete and unaudited financial records.

“At best, this investigation was sloppy. At best,” Hafer said.

Ignatius said she would release a written order laying out the role she sees for the court in this dispute, but she made it clear that her goal is to get this case “back in the hands of the Lottery Commission.”