Normally absent from his legal proceedings, Andy Sanborn made his first appearance before a judge on Thursday since the controversy surrounding his Concord Casino began two years ago.

Thursday’s hearing at the Merrimack Superior Court was brief and procedural, with Judge John Kissinger focusing on hammering out trial dates for the former state senator and his company, Win Win Win, which owns Concord Casino on South Main Street in Concord.

Sanborn appeared wearing a dark purple suit and allowed his attorneys to do all the talking.

Sanborn and his company have been indicted on theft by deception and unauthorized taking charges related to pandemic relief funds. He is accused of inflating the casino’s reported gross receipts by around $1 million, which resulted in an extra $188,474 in grant money from New Hampshire’s Main Street Relief Fund more than the business was entitled to under the program’s rules. Rather than return the money, he used it to pay off the mortgage on a summer home owned by his wife, former State Rep Laurie Sanborn. 

Jury selection for the criminal trial is scheduled for Oct. 7 and a final pre-trial date set for Sept. 22.

This fraud charge is separate from the accusations that he used $844,000 federal pandemic relief money to fund his lavish lifestyle like buying race cars for himself and his wife. The Attorney General has referred the issue to the U.S. Attorney’s Office but the case’s status is unknown. 

Meanwhile, the Concord Casino has been closed for a year and Sanborn’s legal team has asked the state Supreme Court to decide whether the Lottery Commission and the Attorney General’s Office unlawfully stopped him from selling the business. The state’s refusal to approve the sale, citing unsuitable sale terms with a new buyer, is part of the legal dispute.

“NHLC and the AG attempted to intimidate buyers, confuse buyers, and delay a sale, while petitioners in turn devoted substantial resources to litigating with the agencies to swat down their interference,” wrote Sanborn’s attorneys in the Supreme Court filing.

Since the clock ran out for Sanborn to find a Lottery Commission-approved buyer, his gaming license has been revoked for two years. The casino’s primary value is the license.

His attorneys argue that the closure and preventing the sale of the Concord Casino has hurt the public because charities and nonprofits that rely on the casino’s donations. They’re pushing for the sale to continue so these organizations can receive support.

Republicans in both the House and Senate have echoed these concerns.

In a court filing, they argued that not allowing the sale would harm charities and nonprofits, whose “primary or even sole source of operating revenue” depends on casino donations.

House Majority Leader Jason Osborne weighed in, noting that charitable gaming is a valuable model in New Hampshire. He pointed out that taxpayers, charities and the local community all have a stake in bringing in a qualified operator to keep the revenue flowing.

“It’s interesting that when the state goes after businesses, they tend to be owned by Republicans. Call it a coincidence, perhaps,” said Osborne. “With regard to the filing, I think we’re more concerned about the impact on the charitable operations around the state.”

The investigation began under Attorney General John Formella, who previously served a chief legal counsel for Republican Governor Chris Sununu.

Legislators have requested to appear in court for the case, focusing solely on the public interest and the well-being of the charities.

Concord Casino, one of the smallest casinos in New Hampshire, also made one of the smallest charitable contributions among the state’s active casinos.

In 2022, it allocated $148,267 to charities, after deducting a rental fee that charities must pay to secure a spot on the casino’s schedule. The following year, in 2023, that figure rose to $173,095.

Sruthi Gopalakrishnan can be reached at sgopalakrishnan@cmonitor.com