Former GOP State Sen. Andy Sanborn’s most recent deadline extension on the order to sell his Concord Casino may have broken the rules, according to the administrative judge who gave him that extension.
Sanborn’s latest official deadline to sell his Concord Casino passed two weeks ago on Sept. 30. Sanborn did get a vaguely defined extension from Administrative Law Judge Gregory Albert to keep his license pending a state review of the potential buyer’s suitability.
Last week, lawyers with the New Hampshire Attorney General’s Office filed a motion seeking clarity on Albert’s extension, citing the fact Albert himself wrote in his extension order that he lacks the legal authority to grant Sanborn extra time.
“Despite this conclusion, [Albert] then contradicted this conclusion by carrying out in practice what [Albert] stated he had no authority to do: the Order stayed the revocation penalty for 30 days after the notice of decision on a motion for rehearing, or if no motion for rehearing is filed, the 16th business day following the Order,” the Attorney General’s motion states.
Albert’s extension allows Sanborn to keep the suspended license until the state is done vetting the potential buyer.
Administrative Law Judges, also known as hearings officers, work for individual state agencies and handle legal questions on how different state laws and regulations are implemented. Officers conduct hearings, write legal opinions, and recommend policies and regulations. They can also impose discipline, such as in the Sanborn case.
Albert replaced retired Administrative Law Judge Michel King, who in December first suspended Sanborn’s gaming license and ordered Sanborn to sell the business. King gave the casino mini-magnate a six-month deadline to sell or face license revocation.
King found Sanborn engaged in deception when he applied for the $844,000 in COVID loans, and that Sanborn spent the money inappropriately, including the purchase of a Porsche and a Ferrari. According to Formella, Sanborn’s wife, state Rep. Laurie Sanborn (R-Bedford), got the Ferrari as a gift. The alleged COVID fraud first came to light during a state audit more than a year ago.
Sanborn has been getting license extensions since last summer, arguing he cannot sell the business without a license. He’s accused New Hampshire Attorney General John Formella of slowing the sales process.
Sanborn, a Bedford Republican who was once a top player in state politics, is currently under criminal investigation for COVID relief fraud centered on his casino business. He hasn’t been charged with any crime.
Sanborn is also suing the Department of Justice over matters connected to the criminal investigation. The lawsuit is under seal, though some redacted documents may start getting released later this month. According to one document in the lawsuit that has been made public so far, there is a dispute over evidence seized by investigators, with Sanborn’s side claiming the state had legally privileged information, possibly such as attorney-client communications.
