Declaration of Zachary R. Hafer in Support of Plaintiffs’ Emergency Ex Parte Motion for Injunctive Relief, with exhibits: Win Win Win, LLC d/b/a Concord Casino and Anthony M. Sanborn v. New Hampshire Lottery Commission (217-2023-CV-00565)
Summary
Zachary R. Hafer, a Cooley LLP partner representing Win Win Win, LLC (Concord Casino) and Anthony M. Sanborn, made this declaration in support of the plaintiffs' emergency ex parte motion for injunctive relief against the New Hampshire Lottery Commission in Merrimack Superior Court (217-2023-CV-00565). It recounts the commission's administrative action after the Attorney General's August 31, 2023 finding that the casino's owner was not suitable for charitable gaming, and attaches Exhibits A through Z. The declaration says the Suitability Report put the plaintiffs' operating funds at “$917.56” when the first Economic Injury Disaster Loan installment arrived on January 4, 2022, while the plaintiffs' forensic accountants, in a preliminary review, said around $150,000 appeared available. The hearing set for October 3, 2023 was postponed to October 13, 2023.
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Full text
Filed
File Date: 10/12/2023 9:36 AM
Merrimack Superior Court
E-Filed Document
THE STATE OF NEW HAMPSHIRE
MERRIMACK, SS. SUPERIOR COURT
217-2023-CV-00565
Docket No.
WIN WIN WIN, LLC, d/b/a “CONCORD CASINO”
and
ANTHONY M. SANBORN
v.
NEW HAMPSHIRE LOTTERY COMMISSION
and
DEBRA DOUGLAS, in her official capacity as
Chairwoman of the New Hampshire Lottery Commission
DECLARATION OF ZACHARY R. HAFER IN SUPPORT OF
PLAINTIFFS’ EMERGENCY EX PARTE MOTION FOR INJUNCTIVE RELIEF
I, Zachary R. Hafer, declare as follows:
1. I am attorney licensed to practice law and in good standing with the Bars of the
States of New York and Massachusetts. I am a partner at the law firm of Cooley LLP, which is
counsel for Anthony M. Sanborn and Win Win Win, LLC (together, “Plaintiffs”), in this action. I
respectfully submit this declaration in support of Plaintiffs’ Emergency Ex Parte Motion for
Injunctive Relief. The facts set forth below are based on my personal knowledge and, if called as
a witness, I could and would competently testify thereto.
2. On August 30, 2023, the New Hampshire Attorney General (“AG”) sent a letter to
Charlie McIntyre, the Executive Director of the New Hampshire Lottery Commission (“NHLC”),
regarding Plaintiffs’ suitability to be associated with charitable gaming in New Hampshire. This
letter was attached to the August 31, 2023 press release described below. A true and correct copy
of the August 30, 2023 letter is attached hereto as Exhibit A.
3. On August 31, 2023, the AG issued a press release entitled “Attorney General Finds
Concord Casino Owner Not Suitable to be Associated with Charitable Gaming in New
Hampshire.” A true and correct copy of the August 31, 2023 press release is attached hereto as
Exhibit B.
4. On August 31, 2023, NHLC sent a letter with the subject line “Notice of
Administrative Action; Docket No. Lot 23-018” to Mr. Sanborn. The letter enclosed “Proposed
Findings of Fact and Conclusions of Law” relating to an administrative action captioned In the
Matter of: Win Win Win, LLC d/b/a Concord Casino, Docket No. Lot 23-108 (the “Administrative
Action”). A true and correct copy of the August 31, 2023 letter and its enclosure is attached hereto
as Exhibit C.
5. On September 18, 2023, NHLC sent a letter to Mr. Sanborn enclosing a Notice of
Administrative Hearing, which stated that an adjudicatory hearing had been scheduled for October
3, 2023 in the Administrative Action. A true and correct copy of the September 18, 2023 letter
and its enclosure is attached hereto as Exhibit D.
6. On September 19, 2023, I emailed NHLC Chief Compliance Officer John Conforti
and requested a call to discuss the Administrative Action. The following day, Mr. Conforti
informed me that Assistant Attorney General Mark Dell’Orfano (the “AAG”) was representing the
NHLC Compliance Division in the Administrative Action and added him to the email thread. A
true and correct copy of this email thread is attached hereto as Exhibit E.
7. On September 20, 2023, I had a phone conversation with the AAG in which I
conveyed Plaintiffs’ need for additional time to prepare for the adjudicatory hearing and requested
that the hearing be postponed until December 3, 2023. During this call, the AAG indicated that
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he did not believe there was any need to delay the hearing because NHLC intended to introduce a
minimal number of exhibits and did not plan to call any witnesses.
8. On September 21, 2023, the AAG sent me an email in which he stated that the
NHLC Compliance Division would not assent to Plaintiffs’ requested postponement and that he
had been instructed to oppose any motion to continue the hearing. The email also stated that a pre-
hearing conference would be held the following day at 10:00am and attached a copy of a NHLC
Pre-Hearing Conference Order dated September 15, 2023. A true and correct copy of the
September 21, 2023 email and its attachment is attached hereto as Exhibit F.
9. On September 22, 2023, I appeared, along with my colleague Adam Katz, on behalf
of Plaintiffs at the pre-hearing conference, which was also attended by NHLC Chair Debra
Douglas (“Chair Douglas”), her assistant Kelly Crockett, the AAG, and Mr. Conforti. With the
parties’ permission, Ms. Crockett created an audio recording of the pre-hearing conference
proceedings. Thereafter, at the direction of Cooley LLP, TransPerfect Legal Solutions prepared a
certified transcription of the September 22, 2023 pre-hearing conference audio recording. A true
and correct copy of the September 22, 2023 pre-hearing conference transcript is attached hereto as
Exhibit G. (As described below, the AAG initially attempted to prevent Plaintiffs from obtaining
the audio recordings from the September 22, 2023 pre-hearing conference and a subsequent
September 27, 2023 pre-hearing conference, which required Plaintiffs to file a motion to obtain
the recordings.)
10. Before the September 22, 2023 pre-hearing conference began, the AAG informed
Mr. Katz and myself that no witnesses had been interviewed in connection with NHLC’s
investigation.
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11. Chair Douglas did not issue an order regarding Plaintiffs’ postponement request at
the September 22, 2023 pre-hearing conference and instead instructed the parties to return for
another pre-hearing conference on September 27, 2023.
12. Following the conclusion of the September 22, 2023 pre-hearing conference, after
the parties had gone off the record, the AAG handed me a thumb drive containing dozens of
documents totaling thousands of pages, including a “Suitability Report,” dated March 13, 2023,
relating to Plaintiffs’ suitability to be associated with gaming in New Hampshire. An “Audit
Report” relating to Plaintiffs’ finances was attached as Exhibit 9 to the Suitability Report. A true
and correct copy of the March 13, 2023 Suitability Report and its attachments is attached hereto
as Exhibit H.
13. The AAG informed me that there were “bigger fights coming” and that NHLC’s
case was “airtight.” Among other things, he referred to a finding in the Suitability Report’s that
Plaintiffs only had access to “$917.56” in operating funding at the time they first received the
EIDL funds.
14. Over the next several days, my team and I conducted a preliminary review of the
documents contained on the thumb drive provided by the AAG, including the 260-page Suitability
Report. We also located and had a preliminary discussion with the third-party consultant who
prepared Mr. Sanborn’s Economic Injury Disaster Loan (“EIDL”) application.
15. On September 25, 2023, Plaintiffs sent the AAG a letter setting forth their First Set
of Discovery Requests. A true and correct copy of the September 25, 2023 letter is attached hereto
as Exhibit I.
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16. On September 27, 2023, my team and I held a preliminary meeting with Plaintiffs’
forensic accountants, who indicated that it would take approximately six weeks to complete a
forensic audit.
17. During that preliminary meeting, the forensic accountants stated, with the caveat
that their review was ongoing, that they had identified several potential inaccuracies in the
Suitability Report relating to the amount of operating funds available to Plaintiffs at the time they
first received the EIDL funds.
18. First, the Suitability Report states that “the operating account” for Win Win Win,
LLC “held a total of $917.56 before receiving the first installment of [EIDL funds] on January 4,
2022,” and that the account with “$917.56” that received the EIDL funds ended in “7064.” But it
appeared that the $917.56 balance and EIDL funds related to an account ending in 3544. More
importantly, it appeared that, at the time the EIDL funds came in, Win Win Win, LLC had access
to around $150,000 in operating funds.
19. Second, the Suitability Report referred to Win Win Win, LLC having a “negative
cash flow … over the past two years.” But, it appeared that while Win Win Win, LLC incurred a
loss in 2022, it had earned approximately $160,000 in profits in 2021. The forensic accounts also
noted that it appeared that Mr. Sanborn had not taken any draw in 2021.
20. On September 27, 2023, the AAG sent an email attaching a “[Proposed] Pre-
Hearing Order.” A true and correct copy of the September 27, 2023 email and its attachment is
attached hereto as Exhibit J.
21. On September 27, 2023, Mr. Katz and I appeared on behalf of Plaintiffs at a second
pre-hearing conference, which was also attended Chair Douglas, Ms. Kelly Crockett, the AAG,
and Mr. Conforti. With the parties’ permission, Ms. Crockett created an audio recording of the
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pre-hearing conference proceedings. Thereafter, at the direction of Cooley LLP, TransPerfect
Legal Solutions prepared a certified transcription of the September 27, 2023 pre-hearing
conference audio recording. A true and correct copy of the September 27, 2023 pre-hearing
conference transcript is attached hereto as Exhibit K. (As noted above and described below, the
AAG initially attempted to prevent Plaintiffs from obtaining the audio recordings from the
September 22, 2023 and September 27, 2023 pre-hearing conferences.)
22. On September 28, 2023, Chair Douglas issued a Pre-Hearing Order in the
Administrative Action postponing the adjudicatory hearing from October 3, 2023 to October 13,
2023 and ordering the parties to submit briefs on the issue of whether the NHLC must hold a
hearing to revoke Plaintiffs’ license. A true and correct copy of the September 28, 2023 Pre-
Hearing Order is attached hereto as Exhibit L.
23. Between September 28 and October 3, 2023, the AAG stated repeatedly in email
exchanges with myself and my co-counsel Mark Knights that he would not assent to Plaintiffs’
request to obtain the audio recordings from the September 22 and 27, 2023 pre-hearing
conferences. A true and correct copy of this email thread is attached hereto as Exhibit M.
24. On October 3, 2023, Plaintiffs filed a Motion for Recordings of Pre-Hearing
Conferences. A true and correct copy of the October 3, 2023 Motion is attached hereto as Exhibit
N.
25. On October 5, 2023, Chair Douglas issued an Order granting Plaintiffs’ Motion for
Recordings. A true and correct copy of the October 5, 2023 Order is attached hereto as Exhibit
O.
26. On October 5, 2023, Plaintiffs filed a Motion to Postpone Hearing. A true and
correct copy of the October 5, 2023 Motion is attached hereto as Exhibit P. That same day,
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Plaintiffs filed a Brief Regarding Plaintiffs’ Right to a Hearing in the Administrative Action. A
true and correct copy of the October 5, 2023 Brief is attached hereto as Exhibit Q.
27. On October 6, 2023, the Presiding Officer issued an Amended Notice of
Administrative Hearing, which stated that the adjudicatory hearing would take place on October
13, 2023. A true and correct copy of the October 6, 2023 Amended Notice is attached hereto as
Exhibit R.
28. On October 7, 2023, the AAG filed a Pre-Hearing Disclosure of Witnesses and
Exhibits. A true and correct copy of the AAG’s October 7, 2023 Pre-Hearing Disclosure of
Witnesses and Exhibits is attached hereto as Exhibit S.
29. On October 8, 2023, the AAG emailed Mr. Knights and asked if he was authorized
to accept subpoenas on behalf of Mr. Sanborn and his wife, Laurie Sanborn. The following day,
Mr. Knights responded in the affirmative. A true and correct copy of this email exchange is
attached hereto as Exhibit T.
30. On October 8, 2023, Plaintiffs sent a letter to the AAG setting forth Plaintiffs’
Second Set of Discovery Requests. A true and correct copy of the October 8, 2023 discovery letter
is attached hereto as Exhibit U. That same day, Plaintiffs sent a separate letter to the AAG
regarding his apparent intention, based on the information contained in his Pre-Hearing Disclosure
of Witnesses and Exhibits, to introduce and rely on certain materials, the disclosure of which is
prohibited by law, at the adjudicatory hearing (the “Prohibited Materials”). A true and correct
copy of the October 8, 2023 Prohibited Materials letter is attached hereto as Exhibit V.
31. On October 8, 2023, Plaintiffs filed a Notice of Potential Conflict relating to Chair
Douglas. A true and correct copy of the October 8, 2023 Notice is attached hereto as Exhibit W.
-7-
32. On October 9, 2023, Plaintiffs filed a Motion to Recuse the Presiding Officer. A
true and correct copy of the October 9, 2023 Motion is attached hereto as Exhibit X.
33. On October 9, 2023, the AAG filed a First Amended Pre-Hearing Disclosure of
Witnesses and Exhibits, which removed all references to the Prohibited Materials. A true and
correct copy of the AAG’s October 9, 2023 Amended Pre-Hearing Disclosure of Witnesses and
Exhibits is attached hereto as Exhibit Y.
34. On October 10, 2023, the AAG sent an email to Mr. Knights stating that he no
longer planned to issue subpoenas to Mr. or Ms. Sanborn. See Exhibit T.
35. On October 10, 2023, Plaintiffs sent the AAG a letter requesting information,
documents, and communications pertaining to the AAG’s receipt and disclosure of the Prohibited
Materials. A true and correct copy of the October 10, 2023 letter is attached hereto as Exhibit Z.
36. As of the date of this filing, many issues that are critical to Plaintiffs’ defense
remain outstanding. By way of example, Plaintiffs have not yet had the opportunity to speak with
or evaluate potential witnesses, and the AAG has not yet responded to any of Plaintiffs’ discovery
requests—despite repeated follow-up. Nor has the AAG responded to Plaintiffs’ letters regarding
the AAG’s receipt and disclosure of the Prohibited Materials.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 11th day of October
in Boston, Massachusetts. /s/ Zachary R. Hafer
Zachary R. Hafer
-8-
Exhibit A
ATrORNEY GENERAL
DEPARTMENT OF JUSTICE
33 CAPITOL STREET
CONCORD, NEW HAMPSHIRE 03301-6397
JOHN M. FORMELLA JAMES T. BOFFETTI
ATTORNEY GENERAL DEPUTYAITORNEYGENERAL
August 30, 2023
TRANSMITTED VIA INTEROFFICE MAIL
New Hampshire Lottery Commission
Attn: Charlie McIntyre, Executive Director
14 Integra Dr.
Concord, NH 03301
Re: Five-Year Suitability Determination: Win Win Win, LLC, d/b/a "Concord
Casino" (FAC-00074 and GOE-00079).
Dear Director McIntyre:
I am writing to you per my statutory duty to confer and determine with the New
Hampshire Lottery Commission (the "Lottery Commission") whether Win Win Win, LLC,
d/b/a "Concord Casino" (FAC-00074 and GOE-00079) (the "Licensee") and its owner,
Anthony M. "Andy" Sanborn ("Mr. Sanborn") are each suitable to be associated with
charitable gaming in New Hampshire. See RSA 287-D:11, III(a) (Supp. 2022) ("[t]he
attorney general and the lottery commission shall confer and determine, if [ ... ] such person
is suitable to be associated with charitable gaming in New Hampshire").
After reviewing the New Hampshire Lottery Investigation and Compliance Division's
suitability report for the Licensee and Mr. Sanborn dated March 13, 2023 (the "I&C
Suitability Report") and the results of an independent suitability review conducted by the
Civil Law Bureau (the "Civil Bureau"), it is my determination that neither the Licensee nor
Mr. Sanborn is suitable to be associated with charitable gaming in New Hampshire.
After receiving the I&C Suitability Report, I directed the Civil Bureau to conduct an
independent suitability review of the Licensee and Mr. Sanborn, which included
investigations of (i) the Licensee's background, regulatory history, public records, proffered
financial information, including reports from two regulatory audits conducted by the Lottery
Commission in 2022 and 2021, and approximately two thousand (2,000) pages of documents
voluntarily produced by the Licensee; (ii) the background, business history, qualifications,
Telephone 603-271-3658 • FAX 603-271-2110 • TDD Access: Relay NH 1-800-735-2964
Charles McIntyre, Executive Director - New Hampshire Lottery Commission
Re: Suitability Determination for Win Win Win, LLC, d/b/a "Concord Casino" (F AC-00074 and GOE-00079).
August 30, 2023 I Page: 2
and reputation of Mr. Sanborn; and (iii) potential Economic Injury Disaster Loan ("EIDL")
fraud perpetrated by the Licensee and Mr. Sanborn.
The documents that the Civil Bureau obtained and reviewed in the course of its
investigation contain evidence indicating Mr. Sanborn's knowing and willful execution of a
scheme and artifice to defraud the United States Small Business Administration (the "SBA")
of EIDL proceeds. Specifically, casinos and charitable gaming entities are ineligible to
receive any EIDL funds, yet to avoid this statutory prohibition it appears Mr. Sanborn omitted
the Licensee's registered trade name, "Concord Casino," from the Licensee's EIDL
application, and falsely identified the Licensee's primary business activity as "Miscellaneous
Services" under NACIS Code: 541618 - "Other Management Consulting Services" on the
Licensee's EIDL application, to unlawfully obtain EIDL proceeds of $844,000. Without these
misrepresentations, the Licensee would have been barred from receiving EIDL federal funds
as the charitable gaming business is ineligible for such funds under federal law.
My office also found evidence of a series of monetary transactions using the
Licensee's EIDL proceeds-that appear to be acquired through fraud-to support
extravagant personal spending by Mr. Sanborn and his spouse, New Hampshire state
representative Laurie Sanborn ("Rep. Sanborn"). Specifically, my office collected and
reviewed evidence of Mr. Sanborn's use of EIDL proceeds to, among other things:
(i) purchase three (3) race cars, totaling $181,250, including two Porsche 987
Cayman S race cars for Mr. Sanborn's personal use and an $80,000 2008 F430 Ferrari as a
gift for his spouse, Rep. Laurie Sanborn;
(ii) make purchases of various automotive parts and services for Mr. Sanborn's
race cars, totaling $45,000;
(iii) make cash distributions to Mr. Sanborn totaling $183,500, disguised as rent
payments to two of the Licensee's affiliates, which, themselves, are wholly owned and
controlled by Mr. Sanborn; and
(iv) purchase engineering and geotechnical services totaling $28,800 for Mr.
Sanborn's proposed new casino and entertainment complex on Break O Day Drive in
Concord, New Hampshire.
I advise you to immediately initiate appropriate administrative proceedings, in
accordance with RSA 541-A:30, II, to revoke the Licensee's facilities license (FAC-00074)
and game operator employer license (GOE-00079) on the grounds that the Lottery
Commission and the Attorney General have each made a preliminary determination that
neither the Licensee nor Mr. Sanborn is suitable to be associated with charitable gaming in
New Hampshire.
Charles McIntyre, Executive Director- New Hampshire Lottery Commission
Re: Suitability Determination for Win Win Win, LLC, d/b/a "Concord Casino" (FAC-00074 and GOE-00079).
August 30, 2023 I Page: 3
The legislature has charged us to protect the public and the State's interests from bad
actors, vesting us with the State's police power to impose the strictest levels of regulation
and supervision on all persons associated with charitable gaming in our State. Still, we must
keep in mind that our duties to protect and achieve justice for the public also include
affording license holders a full measure of fairness and meaningful due process of law.
Sincerely,
4~~
John M. Formella
Attorney General
JMF/mwd
Exhibit B
New Hampshire
Department of Justice Office of the Attorney General
News Release
For Immediate Release Contact:
August 31, 2023 Michael S. Garrity, Director of Communications
michael.s.garrity@doj.nh.gov | (603) 931-9375
Attorney General Finds Concord Casino Owner Not Suitable to
be Associated with Charitable Gaming in New Hampshire
Concord, NH – Attorney General John M. Formella announces that after an investigation he finds Win Win
Win, LLC d/b/a "Concord Casino" and its owner, former New Hampshire State Senator Anthony M. "Andy"
Sanborn 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.
During a periodic, statutorily mandated suitability review of Concord Casino pursuant to RSA 287-D:11,
the New Hampshire Department of Justice, together with the New Hampshire Lottery Commission's
Investigation and Compliance Division, found compelling evidence of COVID-19 relief fraud, as well as
disguised purchases of personal luxury items using COVID-19 relief funds.
The investigation found evidence that Mr. Sanborn fraudulently applied for and received at least one
Economic Injury Disaster Loan (EIDL), with loan proceeds of $844,000. Further, investigators obtained
evidence indicating that after receiving those taxpayer dollars, Mr. Sanborn used them to purchase at
least three race cars, two Porsche 987 Cayman S racers for his personal use, and a Ferrari F430 challenge
racer as a gift for his wife, Representative Laurie Sanborn.
"This case highlights the importance of law enforcement's role in keeping illegal activity out of New
Hampshire's charitable gaming industry," said Attorney General Formella. "Our obligation to protect
the public demands that we take action against any person who is found to have used their
regulated casino to enrich themselves with fraudulently obtained taxpayer funds."
The Attorney General's determination now triggers administrative action by the Lottery Commission that
could result in Concord Casino's loss of its facilities license and game operator employer license.
The Attorney General has also made a criminal referral to the United States Attorney's Office – District of
New Hampshire. The Attorney General's Criminal Justice Bureau has opened a criminal investigation,
including a review by the Public Integrity Unit of the actions of all of the individuals and entities involved.
Notice of Administrative Action
Letter to NH Lottery re Five-Year Suitability Determination Win Win Win, LLC, dba Concord Casino
Portable Document Format (.pdf). Visit nh.gov for a list of free .pdf readers for a variety of operating systems.
New Hampshire Department of Justice
33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658
Exhibit C
Nfllt:ilte,y
Over $2 Billion and Counting for our Schools
GOVERNOR Christopher T. Sununu
CHAIRMAN Debra M. Douglas
COMMISSIONER H. Andy Crews
COMMISSIONER Erle B. Pierce
EXECUTIVE DIRECTOR Charles R. Mdntyre
August 31, 2023
TRANSMITTED VIA
ELECTRONIC MAIL (Andy@concordnhcasino.com)
& CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Win Win Win, LLC d/b/a "Concord Casino"
Attn: Anthony M. Sanborn
67 S. Main St.
Concord, NH 03301
Re: Notice of Administrative Action; Docket No. Lot 23-018.
Dear Mr. Sanborn:
After a suitability review of Win Win Win, LLC, d/b/ a "Concord Casino" (FAC-00074
and GOE-00079) (the "Licensee") and its owner, Anthony M. "Andy" Sanborn ("Mr.
Sanborn"), conducted by the New Hampshire Lottery Commission's Investigation and
Compliance Division (the "l&C Division") in coordination with the Civil Law Bureau of the
New Hampshire Department of Justice (the "Civil Bureau"), the New Hampshire Lottery
Commission (the "Commission") and the Attorney General have determined that neither the
Licensee nor Mr. Sanborn is suitable to be associated with charitable gaming in New
Hampshire.
During their review, the I&C Division and Civil Bureau found credible evidence that
the Licensee and Mr. Sanborn unlawfully obtained an Economic Injury Disaster Loan
("EIDL") from the United States Small Business Administration (the "SBA") in the amount
of $844,000.
Specifically, the Licensee and Mr. Sanborn used false and fraudulent pretenses,
representations, and promises to unlawfully apply for and obtain EIDL proceeds, which the
Licensee was ineligible to receive under applicable federal law, by omitting the Licensee's
registered trade name, "Concord Casino," from the Licensee's EIDL application and falsely
identifying the Licensee's primary business activity as " Miscellaneous Services" under
NACIS Code: 541618 - "Other Management Consulting Services" on the Licensee's EIDL
application.
LiH' Fra <' ' Dre
New Hampshire Lottery Comnussi on 14 lntegra Drive Concord, New Hampshire 03301
• rn 603.271.3391 FA X 603.271.1160 TOO l.800.735.2964 www.nhlottery.com
Win Win Win, LLC, d/b/a "Concord Casino"
Re: Notice of Administrative Action; Docket No. Lot 23-018.
August 31, 2023 I Page: 2.
The I&C Division and Civil Bureau also uncovered evidence of a series of monetary
transactions carried out by Mr. Sanborn using the Licensee's unlawfully obtained EIDL
proceeds for ineligible personal expenditures for himself and his spouse. Specifically, the
I&C Division and Civil Bureau found credible evidence of Mr. Sanborn's use of the
Licensee's EIDL proceeds to, among other things:
(i) purchase three (3) race cars, totaling $181,250, including two Porsche 987
Cayman S race cars for Mr. Sanborn's personal use and an $80,000 2008 F430
Ferrari as a gift for Rep. Laurie Sanborn;
(ii) make purchases of various automotive parts and services for Mr. Sanborn's
race cars, totaling $45,000;
(iii) make cash distributions disguised as rent payments to two of the Licensee's
affiliates, which, themselves, are wholly owned and controlled by Mr.
Sanborn, totaling $183,500; and
(iv) purchase engineering and geotechnical services totaling $28,800 for Mr.
Sanborn's proposed new casino and entertainment complex on Break O Day
Drive in Concord, New Hampshire.
Based on the preceding and the results of the l&C Division and Civil Bureau
investigations, the Lottery Commission and Attorney General have determined, in
accordance with RSA 287-D: 11, IIl(a), that neither the Licensee nor Mr. Sanborn is suitable
to be associated with charitable gaming in New Hampshire.
RSA 287-D:23 provides for administrative orders to suspend or revoke the license or
licenses of any facility license holder or game operator employer license holder deemed not
suitable to be associated with charitable gaming in this State. RSA 287-D:23, III (Supp.
2022); see also, RSA 287-D: 11, III(a) (Supp. 2022) (" [u]pon a determination that a license
holder is not suitable, the person shall not [... ] continue to hold a license."); N.H. Admin.
R., Lot 7204.02(d) ("[ ... ] no person shall [ ... ] hold a license if in the opinion of the attorney
general such person is not fit to be associated with charitable gaming in this state.").
Enclosed with this notice, please find the Commission's proposed findings of fact and
conclusions of law that would support revoking the Licensee's facilities license and game
operation employer license and instituting an indefinite period of ineligibility for any license
issuable by the Commission.
In accordance with RSA 541-A:30, II, within ten (10) days after receiving this notice,
the Licensee may request a hearing to show (i) compliance with all lawful requirements,
namely its suitability for the retention of its facilities license and game operator employer
license and (ii) whether just cause does not exist to revoke the same. If the Licensee requests
a hearing, it will be notified promptly of the hearing date. Unless the Licensee requests a
Win Win Win, LLC, d/b/a "Concord Casino"
Re: Notice of Administrative Action; Docket No. Lot 23-018.
August 31, 2023 I Page: 3.
hearing, the Commission may enter final findings of fact and conclusions of law and revoke
the Licensee's facilities license and game operator employer license without a hearing.
If you have questions, please contact John Conforti, Chief Compliance Officer at 603-
271- 7610.
Sincerely,
re
Executive Di e or
New Hamps · e Lottery Commission
cc: Attorney General
ENCLOSURE
THE STATE OF NEW HAMPSHIRE
LOTTERY COMMISSION
Lot 23-018
IN THE MATTER OF:
WIN WIN WIN, LLC, d/b/a "CONCORD CASINO,"
(FAC-00074 and GOE-00079),
67 N. Main Street
Concord, NH 03301,
(the "Licensee")
(PROPOSED] FINDINGS OF FACT AND CONCLUSIONS OF LAW
Pursuant to RSA 287-D: 11, the Investigation and Compliance Division (the "I&C
Division") of the New Hampshire Lottery Commission (the "Commission") and the
Attorney General conducted a suitability investigation of the Licensee and its owner,
Anthony M. "Andy" Sanborn ("Mr. Sanborn"), between January 3, 2023, and August 18,
2023, to determine whether each of them is suitable to be associated with charitable
gaming in New Hampshire. RSA 287-D: 11, II & III(a) (Supp. 2022); N.H. Admin. R., Lot
7204.02(b).
After reviewing the Licensee's background, regulatory history, proffered financial
information, including results from regulatory audits conducted in 2022 and 2021, and
some two thousand (2,000) pages of voluntarily produced documents, and the
background, business history, qualifications, and reputation of Mr. Sanborn, the
Commission and Attorney General have determined that neither the Licensee nor Mr.
Sanborn is suitable to be associated with charitable gaming in New Hampshire.
1
JURISDICTION
The New Hampshire Lottery Commission (the "Lottery Commission") is a
department-level agency that, among other duties, is responsible for the administration
and enforcement of the State's charitable gaming laws and regulations, including the
regulation of games of chance conducted by charitable organizations and the licensing of
games of chance facilities and game operator employers. RSA 284:21-a; RSA 284:6-a;
RSA 287-D:7-:8, : 11, IIl(a) (Supp. 2022).
FINDINGS OF FACT
Attorney General's Suitability Determination. The Attorney General has found
each of the Licensee and Mr. Sanborn unsuitable to be associated with charitable gaming
in New Hampshire.
EIDL Loan. The Commission finds that between December 1, 2021, and February
19, 2022, the Licensee obtained $844,000 in EIDL funding from the Small Business
Administration.
EIDL Application. The Commission finds that the Licensee and Mr. Sanborn
omitted the Licensee's trade name, "Concord Casino," and identified the Licensee's
primary business activity as "Miscellaneous Services" under NACIS Code: 541618 -
"Other Management Consulting Services" on the Licensee's EIDL application.
Purchase of 2006 Porsche 987 Cayman S (Green) Race Car. The Commission
finds that on January 18, 2022, Mr. Sanborn initiated a wire transfer of $48,750 of the
Licensee's EIDL proceeds from the Licensee's bank account to Charlie Cook of
RaceCarsForRent, LLC of Braselton, GA, for the purchase of (i) a 2006 Porsche 987
2
Cayman S Race Car, for which Mr. Sanborn had been the winning bidder at an online
auction held on January 15, 2022, and (ii) a set of four wheels for the Porsche, for Mr.
Sanborn's personal use and benefit, despite reporting the transaction on the Licensee's
books as a necessary equipment purchase made in the ordinary course of the Licensee's
charitable gaming business.
Purchase of 2011 Porsche 987 Cayman S (Red) Race Car. The Commission finds
that on February 2, 2022, Mr. Sanborn initiated a wire transfer of $52,500 of the
Licensee's EIDL proceeds from the Licensee's bank account to KMAN Racing, LLC of
Johns Creek, GA, for the purchase of a 2011 red Porsche 987 Cayman S Race Car, for
which Mr. Sanborn had been the winning bidder at an online auction held on February 1,
2022, for Mr. Sanborn's personal use and benefit, despite reporting the transaction on the
Licensee's books as a necessary equipment purchase made in the ordinary course of the
Licensee's charitable gaming business.
Purchase of 2008 F430 Ferrari Challenge Race Car as a Gift for Rep. Laurie
Sanborn. The Commission finds that on or about April 26, 2022, Mr. Sanborn initiated a
wire or other transfer of $80,600 of the Licensee's EIDL proceeds from the Licensee's
bank account to Taurino Racing, LLC d/b/a ..Capristo Exhaust USA" of Riviera Beach,
FL, for the purchase of (i) a 2008 F430 Ferrari Challenge race car chassis ($80,000) and
(ii) two sets of used tire rims ($600), which Mr. Sanborn had purchased as gifts for his
spouse, Rep. Laurie Sanborn, all for Rep. Sanborn's personal use and benefit, despite
reporting the transaction on the Licensee's books as necessary equipment purchases made
in the ordinary course of the Licensee' s charitable gaming.
3
Purchase of Automotive Engines, Shocks, Other Automotive Parts, or
Services. The Commission finds that between April 19, 2022, and May 5, 2022, Mr.
Sanborn initiated a series of transfers by check, check no. 20261 for $10,000 on April 19,
2022, check no. 20265 for $20,000 on April 26, 2022, and check no. 20268 for $15,000
on May 5, 2022, totaling $45,000 of the Licensee's EIDL proceeds from the Licensee's
bank account to Peter Dawe of Dawe's Motorsports of Stroudsburg, PA, for the purchase
of automotive engines, shocks, other automotive parts, or services for (i) the 2006
Porsche 987 Cayman S race car, which Mr. Sanborn purchased using EIDL proceeds on
January 18, 2022, and (ii) the 2011 Porsche 987 Cayman S race car, which Mr. Sanborn
purchased using EIDL proceeds on February 2, 2022, all for Mr. Sanborn's personal use
and benefit, despite reporting the transactions on the Licensee's books as necessary
advertising expenses incurred in the ordinary course of the Licensee's charitable gaming
business.
Payment to Geotechnical Services, Inc. of Weare, NH, for professional services
for developing a new charitable gaming facility in Concord, NH, owned by Concord
Commitment, LLC. The Commission finds that on July I, 2022, Mr. Sanborn initiated a
transfer by check no. 20305 of $14,600 of the Licensee's fraudulently obtained EIDL
proceeds from the Licensee's bank account to Geotechnical Services, Inc. of Weare, NH,
for the purchase of professional services for and related to the development of a new
charitable gaming facility in Concord, NH, owned by Concord Commitment, LLC, a New
Hampshire limited liability company owned and controlled by Mr. Sanborn, all for Mr.
Sanborn's personal use and benefit, despite reporting the transaction on the Licensee's
4
books as a necessary business expense incurred in the ordinary course of the Licensee's
charitable gaming business.
Payment to TFMoran, Inc. of Bedford, NH, for professional services for
developing a new charitable gaming facility planned for Concord, NH, owned by
Concord Commitment, LLC. The Commission finds that on July 8, 2022, Mr. Sanborn
initiated a transfer by check no. 20315 of $14,206.78 of the Licensee's EIDL proceeds
from the Licensee's bank account to TFMoran, Inc. of Bedford, NH, for the purchase of
professional services for and related to the development of a new charitable gaming
facility planned for Concord, NH, owned by Concord Commitment, LLC, a New
Hampshire limited liability company owned and controlled by Mr. Sanborn, all for Mr.
Sanborn's personal use and benefit, despite reporting the transaction on the Licensee's
books as a necessary business expense incurred in the ordinary course of the Licensee's
charitable gaming business.
"Prepaid Rent" Payments to the Licensee's Affiliate Equal to Twenty-Seven
Years of Rent. The Commission finds that beginning on January 5, 2022, and continuing
through at least August 14, 2022, Mr. Sanborn initiated a series of eight (8) wire or other
transfers totaling $163,500 of the Licensee's EIDL proceeds from the Licensee's bank
account to The Best Revenge, LLC of Bedford, NH, a New Hampshire limited liability
company owned and controlled by Mr. Sanborn, as rent payments for the Licensee's
casino at 67 South Main Street, Concord, NH, despite a written lease dated September
17, 2018, between the Licensee and The Best Revenge, LLC, agreeing to annual rent
payments of $6,000, payable monthly in twelve equal installments of $500 each, all for
Mr. Sanborn's personal use and benefit, despite reporting the transactions on the
5
Licensee's books as necessary rent expenses incurred in the ordinary course of the
Licensee's charitable gaming business.
Rent Payment to The Draft. The Commission finds that on August 11, 2022, Mr.
Sanborn initiated a transfer by check, check no. 20329 of $20,000 of the Licensee's EIDL
proceeds from the Licensee's bank account to The Draft, LLC of Concord, NH (the
"Draft"), a New Hampshire limited liability company owned and controlled by Mr.
Sanborn, for "rent" payable to the Draft, despite (i) no lease or other rental agreement
existing between the Licensee and the Draft at the time of the transfer, and (ii) all space
for the Licensee's charitable casino operation at 67 South Main Street, Concord, NH
being leased from The Best Revenge, LLC under a written lease dated September 17,
2018, all for Mr. Sanborn's personal use and benefit, despite reporting the transaction on
the Licensee's books as a necessary rent expense incurred in the ordinary course of the
Licensee's charitable gaming business.
Failure to Demonstrate Financial Stability. The Commission finds that the
Licensee has failed to provide documents and information demonstrating its financial
stability.
CONCLUSIONS OF LAW
Persons Deemed Not Suitable Shall Not Continue to Hold a License. The
Commission concludes that no person, association, corporation, limited liability
company, partnership, trust, or other legal entity deemed not suitable to be associated
with charitable gaming in New Hampshire by the Attorney General shall continue to hold
a facilities license or game operator employer license. RSA 287-D: 11, lll(a) (Supp. 2022);
N.H. Admin. R., Lot 7204.02(d). Additionally, just cause exists to revoke the Licensee's
6
facilities license and game operator employer license. RSA 287-D: 11, III(a), :23, III
(Supp. 2022); N.H. Admin. R., Lot 7204.02(d); N.H. Admin. R., Lot 7209.O3(a)(l),
(a)(3), (a)(l0), (a)(l2), (a)(l4).
Consideration of Unprosecuted Criminal Activity. The Commission concludes
that it has the statutory authority to consider any unprosecuted criminal activity occurring
in any U.S. jurisdiction when considering whether a facilities licensee or game operator
employee licensee is suitable to be associated with charitable gaming in New Hampshire.
RSA 287-D:11, II, IIl(a) (Supp. 2022).
Consideration of Materiany False Statements, Misrepresentations, or
Omissions. The Commission concludes that the Commission has the statutory authority
to consider any materially false statements, misrepresentations, or omissions made on
any EIDL or payment protection plan ("PPP") application when considering whether a
facilities licensee or game operator employee licensee is suitable to be associated with
charitable gaming in New Hampshire. Id.
Use of False and Fraudulent Pretenses, Representations, and Promises to
Obtain $844,000 in EIDL Proceeds. The Commission concludes that the Licensee and
Mr. Sanborn used or employed false and fraudulent pretenses, representations, and
promises to obtain $844,000 in EIDL funding from the Small Business Administration.
Accordingly, per RSA 287-D: 11, III(a), the Commission concludes that, as a matter of
law, neither the Licensee nor Mr. Sanborn is suitable to be associated with charitable
gaming in New Hampshire and, thereby, just cause exists for the revocation of the
Licensee's facilities license and game operator employer license. RSA 287-D:11, III(a),
7
:23, III (Supp. 2022); N.H. Admin. R., Lot 7204.03; N.H. Admin. R., Lot 7209.O3(a)(l),
(a)(3), (a)(I0), (a)(12), (a)(14).
Improper Use of EIDL Proceeds to Purchase 2006 Porsche 987 Cayman S
(Green) Race Car. The Commission concludes that the Licensee and Mr. Sanborn
improperly used EIDL funds when, on January 18, 2022, Mr. Sanborn initiated a wire
transfer of $48,750 of the Licensee's EIDL proceeds to Charlie Cook of
RaceCarsForRent, LLC of Braselton, GA, for the purchase of (i) a 2006 Porsche 987
Cayman S race car, and (ii) a set of four wheels for the Porsche. Accordingly, per RSA
287-D: 11, III(a), the Commission concurs with the Attorney General's determination and
concludes that, as a matter of law, neither the Licensee nor Mr. Sanborn is suitable to be
associated with charitable gaming in New Hampshire and, thereby, just cause exists for
the revocation of the Licensee's facilities license and game operator employer license.
Id.
Improper Use of EIDL Proceeds to Purchase 2011 Porsche 987 Cayman S
(Red) Race Car. The Commission concludes that the Licensee and Mr. Sanborn
improperly used EIDL funds when, on February 2, 2022, Mr. Sanborn initiated a wire
transfer of $52,500 of the Licensee's EIDL proceeds to KMAN Racing, LLC of Johns
Creek, GA, for the purchase of a 2011 Porsche 987 Cayman S race car. Accordingly, per
RSA 287-D: 11, III(a), the Commission concurs with the Attorney General's determination
and concludes that, as a matter of law, neither the Licensee nor Mr. Sanborn is suitable
to be associated with charitable gaming in New Hampshire and, thereby, just cause exists
for the revocation of the Licensee's facilities license and game operator employer license.
Id.
8
Improper Use of EIDL Proceeds to Purchase 2008 F430 Ferrari Challenge
Race Car as a Gift for Rep. Laurie Sanborn. The Commission concludes that the
Licensee and Mr. Sanborn improperly used EIDL funds when, on or about April 26, 2022,
Mr. Sanborn initiated a wire or other transfer of $80,600 of the Licensee's EIDL proceeds
from the Licensee's bank account to Taurino Racing, LLC d/b/a "Capristo Exhaust USA"
of Riviera Beach, FL, for the purchase of (i) a 2008 F430 Ferrari Challenge race car
chassis ($80,000) and (ii) two sets of used tire rims ($600), which Mr. Sanborn had
purchased as gifts for his spouse, Rep. Laurie Sanborn. Accordingly, per RSA 287-D:11,
IIl(a), the Commission concurs with the Attorney General's determination and concludes
that, as a matter of law, neither the Licensee nor Mr. Sanborn is suitable to be associated
with charitable gaming in New Hampshire and, thereby, just cause exists for the
revocation of the Licensee's facilities license and game operator employer license. Id.
Improper Use of EIDL Proceeds to Purchase Automotive Engines, Shocks,
Other Automotive Parts, or Services. The Commission concludes that the Licensee and
Mr. Sanborn improperly used EIDL funds when, between April 19, 2022, and May 5,
2022, Mr. Sanborn initiated a series of transfers by check, check no. 20261 for $10,000
on April 19, 2022, check no. 20265 for $20,000 on April 26, 2022, and check no. 20268
for $15,000 on May 5, 2022, totaling $45,000 of the Licensee's EIDL proceeds from the
Licensee's bank account to Peter Dawe of Dawe's Motorsports of Stroudsburg, PA, for
the purchase of automotive engines, shocks, other automotive parts, or services for (i) the
2006 Porsche 987 Cayman S race car, which Mr. Sanborn purchased using EIDL proceeds
on January 18, 2022, and (ii) the 2011 Porsche 987 Cayman S race car, which Mr. Sanborn
purchased using EIDL proceeds on February 2, 2022. Accordingly, per RSA 287-D: 11,
9
IIl(a), the Commission concurs with the Attorney General's determination and concludes
that, as a matter of law, neither the Licensee nor Mr. Sanborn is suitable to be associated
with charitable gaming in New Hampshire and, thereby, just cause exists for the
revocation of the Licensee's facilities license and game operator employer license. Id.
Improper Use of EIDL Proceeds to Pay Geotechnical Services, Inc. of Weare,
NH, for professional services for developing a new charitable gaming facility in
Concord, NH, owned by Concord Commitment, LLC. The Commission concludes that
the Licensee and Mr. Sanborn improperly used EIDL funds when, on July 1, 2022, Mr.
Sanborn initiated a transfer by check no. 20305 of $14,600 of the Licensee's EIDL
proceeds to Geotechnical Services, Inc. of Weare, NH, for the purchase of professional
services for and related to the development of a new charitable gaming facility in
Concord, NH, owned by Concord Commitment, LLC. Accordingly, per RSA 287•0: 11,
IIl(a), the Commission concurs with the Attorney General's determination and concludes
that, as a matter of law, neither the Licensee nor Mr. Sanborn is suitable to be associated
with charitable gaming in New Hampshire and, thereby, just cause exists for the
revocation of the Licensee's facilities license and game operator employer license. Id.
Improper Use of EIDL Proceeds to Pay TFMoran, Inc. of Bedford, NH, for
professional services for developing a new charitable gaming facility planned for
Concord, NH, owned by Concord Commitment, LLC. The Commission concludes that
the Licensee and Mr. Sanborn improperly used EIDL funds when, on July 8, 2022, Mr.
Sanborn initiated a transfer by check no. 20315 of $14,206.78 of the Licensee's EIDL
proceeds from the Licensee's bank account to TFMoran, Inc. of Bedford, NH, for the
purchase of professional services for and related to the development of a new charitable
10
gaming facility planned for Concord, NH, owned by Concord Commitment, LLC.
Accordingly, per RSA 287-D: 11, lll(a), the Commission concurs with the Attorney
General's determination and concludes that, as a matter of law, neither the Licensee nor
Mr. Sanborn is suitable to be associated with charitable gaming in New Hampshire and,
thereby, just cause exists for the revocation of the Licensee's facilities license and game
operator employer license. Id.
Improper Use of EIDL Proceeds to Prepay Rent to the Licensee's Affiliate
Equal to Twenty-Seven Years of Rent. The Commission concludes that the Licensee and
Mr. Sanborn improperly used EIDL funds when, beginning on January 5, 2022, and
continuing through at least August 14, 2022, Mr. Sanborn initiated a series of eight (8)
wire or other transfers totaling $ I 63,500 of the Licensee's EIDL proceeds to The Best
Revenge, LLC of Bedford, NH, a New Hampshire limited liability company owned and
controlled by Mr. Sanborn, as rent payments for the Licensee's casino at 67 South Main
Street, Concord, NH, despite a written lease dated September 17, 2018, between the
Licensee and The Best Revenge, LLC, agreeing to annual rent payments of $6,000,
payable monthly in twelve equal installments of $500 each. Accordingly, per RSA 287-
D: 11, III(a), the Commission concurs with the Attorney General's determination and
concludes that, as a matter of law, neither the Licensee nor Mr. Sanborn is suitable to be
associated with charitable gaming in New Hampshire and, thereby, just cause exists for
the revocation of the Licensee's facilities license and game operator employer license.
Id.
Improper Use of EIDL Proceeds to Pay Rent to the Licensee's Affiliate, The
Draft, LLC. The Commission concludes that the Licensee and Mr. Sanborn improperly
11
used EIDL funds when, on August 11, 2022, Mr. Sanborn initiated a transfer by check,
check no. 20329 of $20,000 of the Licensee's fraudulently-obtained EIDL proceeds to
The Draft for "rent" payable to the Draft, despite (i) no lease or other rental agreement
existing between the Licensee and the Draft at the time of the transfer, and (ii) all space
for the Licensee's charitable casino operation at 67 South Main Street, Concord, NH
being leased from The Best Revenge, LLC under a written lease dated September 17,
2018. Accordingly, per RSA 287-D: 11, III(a), the Commission concurs with the Attorney
General's determination and concludes that, as a matter of law, neither the Licensee nor
Mr. Sanborn is suitable to be associated with charitable gaming in New Hampshire and,
thereby, just cause exists for the revocation of the Licensee's facilities license and game
operator employer license. Id.
Failure to Demonstrate Financial Stability. The Commission concludes that the
Licensee and Mr. Sanborn have failed to supply information and documentation
demonstrating by clear and convincing evidence the Licensee's financial stability.
Accordingly, per RSA 287-D: 11, Ill(a), the Commission concludes that, as a matter of
law, neither the Licensee nor Mr. Sanborn is suitable to be associated with charitable
gaming in New Hampshire and, thereby, just cause exists for the revocation of the
Licensee's facilities license and game operator employer license. RSA 287-D: 11, 11l(a),
:23, III (Supp. 2022); N.H. Admin. R., Lot 7204.02(a)(3)3; N.H. Admin. R., Lot
7209.03(a)(l), (3).
Making False Statements or Entries in any Books or Records. The Commission
concludes there is just cause for the revocation of the Licensee's facilities license and
game operator employer license, based on the Licensee making false statements or
12
making false entries in any books or records with respect to any transaction connected
with the holding, operating, and conducting of any games of chance event.
Conduct that Undermines the Public's Confidence in Charitable Gaming. The
Commission concludes there is just cause for the revocation of the Licensee's facilities
license and game operator employer license based on the Licensee engaging in conduct
that undermines the public's confidence in charitable gaming.
WHEREFORE, based on the preceding findings of fact and conclusions of law, the
Commission renders the following orders:
The Licensee's facilities license is hereby revoked as of the effective date hereof;
The Licensee's game operator employer license is hereby revoked as of the effective
date hereof;
The Licensee shall not be eligible to apply for or hold any license or permit issued by
the Commission, including, without limitation, any license or permit issued under RSA Title
XXIV, for an indefinite period after the effective date hereof;
No person, association, corporation, or other type of entity owned or controlled,
whether directly or indirectly, in whole or in part, by Mr. Sanborn shall be eligible to apply
for or hold any license or permit issued by the Commission, including, without limitation,
any license or permit issued under RSA Title XXIV, for an indefinite period after the effective
date hereof.
In accordance with RSA 287-D:11, IV, the Licensee and Mr. Sanborn shall reimburse
the Commission for its reasonable costs and expenses of conducting its suitability
investigations of the Licensee and Mr. Sanborn; and
13
In accordance with RSA 287-D: 11, IV, the Licensee and Mr. Sanborn shall reimburse
the Attorney General for his reasonable costs and expenses of conducting his suitability
investigations of the Licensee and Mr. Sanborn.
SO ORDERED.
NEW HAMPSHIRE LOTTERY COMMISSION
Date:
Debra M. Douglas, Commissioner
Erle B. Pierce, Commissioner
H. Andy Crews, Commissioner
14
Exhibit D
Exhibit E
Katz, Adam M.
From: Conforti, John <John.J.Conforti@lottery.nh.gov>
Sent: Wednesday, September 20, 2023 8:36 AM
To: Hafer, Zach
Cc: Dell'Orfano, Mark
Subject: RE: Administrative Hearing - Andy Sanborn
[External]
Hi Zach:
Mark Dell’Orfano at the Department of Justice is representing our division in this matter. I am copying him on this email
so the two of you can connect.
John Conforti
Chief Compliance Officer
New Hampshire Lottery Commission
14 Integra Drive
Concord, NH 03301
603‐271‐7610
From: Hafer, Zach <ZHafer@cooley.com>
Sent: Tuesday, September 19, 2023 5:23 PM
To: Conforti, John <John.J.Conforti@lottery.nh.gov>
Subject: Administrative Hearing ‐ Andy Sanborn
EXTERNAL: Do not open attachments or click on links unless you recognize and trust the sender.
Hi John,
Hope you are well. I represent Andy Sanborn in connection with the attached Administrative Hearing and
related matters.
Any chance we could set up a time to talk tomorrow or Thursday? By way of preview, this is obviously a
complex case, so we will need some time to meaningfully prepare for a hearing.
Best,
Zach
Zachary R. Hafer
Cooley LLP
1
Boston, MA
Cell: (781) 771-3785
Bio: www.cooley.com/people/zachary-r-hafer
This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use,
disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
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Administrator.
2
Exhibit F
Exhibit G
Sanborn Pre Hearing Recording 9-22-23
October 6, 2023
Transcript by TransPerfect
[00:00:00]
CHAIR DOUGLAS: You all have filed your notice of appearance. Correct?
MR. HAFER: Yes.
CHAIR DOUGLAS: And we have yours.
MR. DELL’ORFANO: You have mine, yes.
CHAIR DOUGLAS: Okay. This first question. Is there anyway to simplify this?
MR. DELL’ORFANO: Well the way that the Division sees it is that this is in essence a show-
cause hearing. Or the licensee to come in and show cause why their license shouldn’t be revoked
based on the adverse determination by the Attorney General and the commissioner.
CHAIR DOUGLAS: Okay.
MR. DELL’ORFANO: And so this is really an opportunity for the licensee to come in, present
evidence, and convince the commission and the Attorney General of how they got it wrong, the
disability determination.
CHAIR DOUGLAS: How long do you think that you will require time wise? How many
witnesses are you going to present and how much time do you think? Because we also have a
lottery meeting later that day.
MR. HAFER: If you would indulge me, I'd like to formally request more time and walk
through why we need more time to prepare for this in a meaningful type of way. These guys
have been great returning my calls right away, but we found out essentially on Wednesday
afternoon that this hearing existed today. So we're here, but we just got in to the case. We just
received a couple thousand pages of records. We are moving as fast as we can, but I think under
both Lot 2-14-01 and 2-08-02, we're entitled a showing of good cause and some time. We
understand that the lottery and the commission want to move forward quickly. We appreciate
that. We're not looking for tons of time, but there's just simply no way for us to prepare by the
third and even being here today to answer your question about witnesses, just as one example.
And again, very much trying to get up to speed here in real time. Actually, I'll give you two
examples on like what our evidence would perhaps be. The first is that obviously a big part of
the allegation is that Mr. Sanborn was misrepresented by—applied for the EIDL loans in a way
that that's sort of the first cause and then there's the issue of how he spent the EIDL money once
he got it. We need to ask the State officially in a letter if we're going to get that out early next
week for some stuff. Mark and I have had some conversations about what exists, but I
understand that a third-party—Mr. Sanborn hired a third-party to determine whether he was
eligible for the EIDL funds and then assist him in preparing and submitting the EIDL
application. That's obviously a really significant piece of this, depending on what advice he got.
I need to sort of find that third-party and see if he or she will talk to me. I need to ask the State
officially if the state has talked to this individual. So that's piece number one on the eligibility.
1
Sanborn Pre Hearing Recording 9-22-23
October 6, 2023
Transcript by TransPerfect
Piece number two is that obviously the expenditures that are detailed in the proposed findings of
fact come from documents that Mr. Sanborn submitted to both John and Mark.
MR. DELL’ORFANO: No, no. Please. It's fine.
MR. HAFER: But, you know, we just hired a forensic accountant yesterday. We've been in for
36 hours and we just hired a forensic accountant. I just need to see—I don’t know how I can
respond until I see what those records show. We got him going fast, but he's going to need some
time to assess those records so I can determine whether that's a witness that we would call. Who
knows? Maybe we look at the records and we determine there's no basis to challenge any of the
allegations. But I need to do that and we're moving fast to do that. And I would say the third
major fact that adds a layer of complexity here is the existence of the two ongoing criminal
investigations. Mr. Sanborn is not here today. It's not an accident. He'd love to be here. I told
him he can't be here. I need to figure this out. The Attorney General has said publicly that he's
got a criminal investigation. There's been a referral to the U.S. Attorney's Office in New
Hampshire. Obviously when [PH 00:04:48] Mr. Dell’Orfano talks about show-cause that's very,
very difficult. That's complex to assess okay, how is he going to—first of all, we don’t agree
that this is just a show-cause hearing.
[00:05:00]
I'm digging in on these regs as quickly as I can, but I think the hearing is a lot more than just a
show-cause hearing. I think he has an opportunity to a lot of due process here. The burden isn't
on him, I don’t think. Although I'd like to file something quickly on that. But this is
complicated. Whether or not someone who is under criminal investigation, how much a part of
his own defense he could be in these circumstances. I need to figure that out and get my hands
around that quickly, which goes back to what happened on the loan application, what happened
with respect to the expenditures. So we just can't meaningfully proceed on October 3rd. I can't
tell you as we're sitting here today—I didn’t want to ask you for this hearing to be continued.
Mr. Dell’Orfano and [PH 00:05:49] Mr. Conforti very reasonably had made sure I knew about
this, but it's literally not even for 36 hours. But I didn’t want to ask even for this to be continued.
I wanted to come up here and explain in person to you quickly. Look and see what bases under
the law that we had for a request. Try to demonstrate good cause to you. Know we'd be moving
fast, make representations about we can get a formal request. Mark told me there's not much in
the way of discovery. He did just hand me a drive today with documents on it. We'll get back.
We'll load it up. We'll churn through it as fast as we can, but we do need some time, Chair. We
really do need some time. I will say I guess two last things. The proposed fact-findings here
indicate that the suitability investigation was about eight months from January 3rd to August
18th. Well seven and a half months. We've had a couple of preliminary conversations and he
asked how much time we needed. I said we are asking for two months, which is about a quarter
of the time that the investigation took. We think that's really reasonable here. We think that it
would afford a process in which we can defend these charges. Who knows, Chair? If we dig in
here over the next couple of weeks, maybe the conclusion is we shouldn’t have a hearing.
Maybe we get there and if we get there, we'll—but we just can't get there on this schedule. It
seems to me that even the state's interest here is having a process. Because it's my understanding
this is the first time everyone is kind of in a situation like this on a license revocation under these
2
Sanborn Pre Hearing Recording 9-22-23
October 6, 2023
Transcript by TransPerfect
charitable game regs. Having a process that is both in fact fair and perceived as fair is important.
And so we thought about how much time do we want to ask for. I'm not going to ask for eight
months. That's absurd. That's too much time. But we really do, on these witness issues, on
these records, the intersection with the criminal stuff, and then just looking at the regs, they do
seem to contemplate that. That's our request. Be happy to do whatever the Chair thinks is
necessary or helpful to ensure that there's no dilatory anything going on here. We have another
hearing next week. We can update on everything we've done. We're not stalling. We just want
to get our hands around this as fast as we reasonably can so we're in a position to answer
questions on who would be called, what would be—and I just want to really emphasize the
existence of the criminal investigation is really challenging. It's really challenging. That's my, in
addition to the general litigation, that's my background obviously. We talked about that. It's
really complicated. And so I need to think about that and assess that. I think you guys probably
know this already. Mr. Sanborn is very ill. We're also dealing with lots of medical appointments
and side effects from medical appointments. It's not just like I can say, hey, we'll come over at
11:00 tomorrow and sit together for a few hours and just get the whole life story. There are very,
very—I'd rather not get into the specific details, but he's very sick, very, very sick.
CHAIR DOUGLAS: I heard.
MR. HAFER: I've been talking for a long time, but that's our ask.
CHAIR DOUGLAS: I understand where you're coming from and the fact that you have just
gotten the case. But Andy Sanborn has known this was coming for a long time. He had a
previous counsel. When Delaney decided I guess not to take it and he's waited this long to get
counsel. Let me think about it.
MR. HAFER: Can I address that point specifically? I wasn’t going to get into the weeds on
this, but I appreciate—
CHAIR DOUGLAS: It's a small state, just so you know.
MR. HAFER: I know. I can't pull myself out as a local, but I spend a lot of time here.
CHAIR DOUGLAS: No. You weren't born here.
MR. DELL’ORFANO: I think [PH 00:09:58] Attorney Hafer went to [INDISCERNIBLE
00:09:59].
[00:10:00]
MR. HAFER: I did. I probably [INDISCERNIBLE 00:10:02].
MR. DELL’ORFANO: It gets you part of the way there.
MR. HAFER: My in-laws live in Rye, so we're here all the time.
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MR. DELL’ORFANO: Rye, you shouldn’t have mentioned that.
CHAIR DOUGLAS: I was going to say.
MR. HAFER: Closer to Hampton.
CHAIR DOUGLAS: I'm from Nashville originally, but I probably know 75% of the people in
this state because it's so freaking small. So I get it.
MR. HAFER: Let me just address that issue on Mr. Delaney and the point about he's developed
a conflict. I don’t think that's on him.
CHAIR DOUGLAS: No. But it was a while. I'm just saying, how long did it take to hire you.
MR. HAFER: It's as a result of Mr. Delaney being unable to represent him in this proceeding.
There is a legitimate legal conflict that Mr. Delaney cannot represent in these proceedings.
That's part of it.
CHAIR DOUGLAS: My husband's a lawyer. I know.
MR. DELL’ORFANO: If I could just address a couple of things here. One of the concerns that
the Division has is that we're going into the renewal cycle for all of the licenses, for every holder.
The suitability determination is part and parcel to that renewal. Presently there's an adverse
suitability determination. Under the statute, the lottery commission could not issue a new license
for the following year while that determination is in place. As I mentioned previously, part of
what we saw here as being the utility of the hearing on the 3rd, and I'm not going to contest
anything that Attorney Hafer said about whether they need time or not. That's their opinion. But
I think at the end of the day where we come into a real legal problem is that the statute is very
clear that the lottery cannot issue a license to someone who has an adverse suitability
determination. On top of that, the lottery cannot suffer someone to continue to hold one of those
licenses under that adverse suitability determination. And so the idea is that this hearing under
RSA-541A30 Paragraph 2 was an opportunity for Mr. Sanborn to come in and show how he's in
compliance with the law. Show how perhaps the Division and the Attorney General got it wrong
with the suitability determination. That is really what we see the utility of this hearing to be
versus in the regulations, those hearings are really for complaints that arise from for instance
someone buys a ticket, they try to redeem it, and they're given half the money because the
licensee decides that they're not going to give them all of it for whatever reason. That complaint
would be investigated. That investigation could lead to a hearing. The regulations are really
written well for that process. They aren't really written well for an adverse suitability
determination. So we're kind of between a rock and a hard place here a bit where we have a
statutory obligation to pull the license because of the adverse suitability determination, but
there's also the due process arguments that the division recognizes. I think where we're kind of
coming out on this is that this has been in the works for a while. This is not directed to Attorney
Hafer because again he just joined the case. This has been in the works for a while. I would be
surprised if the licensee didn’t know this was coming a lot sooner. And so for him to send
Attorney Hafer up here to make that claim of their argument that we just got this I think is a bit
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disingenuous. Not for Attorney Hafer but for the licensee. He is doing a very good job of
explaining why he needs the time. I'd be making that same argument. But I think from the
position of the Division is that the fact is, is that the licensee knew all about this. We're
somewhat shocked that at the 11th hour he sends counsel up here to try and say hey, we didn’t
have enough time. We have a real practical problem here. One is that we need to pull that
license because of the adverse suitability determination. But it gets worse because if we don’t
pull it what happens going forward for next year. I mean will the license essentially expire on
the 30th? I think the State's position is that it would. And so he would be out of business on the
30th anyway because we can't issue him a new permit. There's some case law around that that
the liquor commission went through a few years ago where they had told someone that was kind
of in the process of renewal
[00:15:00]
that they couldn’t sell liquor for seven days until he got the new license. The Supreme Court
overturned that determination by liquor. We don’t want to see lottery going into that same kind
of position where we're waiting for this hearing to happen, but we can't issue him a license, and it
essentially shuts him down. That's part of the reason why we want to see this hearing happen
sooner rather than later. Notwithstanding the very good arguments that Attorney Hafer is
making. I don’t compliment attorneys often, and I'm very honest when I say that I would be
making the same—
MR. HAFER: I always get nervous when I get compliments.
MR. DELL’ORFANO: I'd be making the same argument. But frankly from a legal standpoint,
it would be difficult for the state to see its way around him continuing to do business after
December 30th in any respect.
MR. HAFER: May I respond? I'm not going to get [INDISCERNIBLE 00:15:51] on that but
just a couple of things. One, Mr. Sanborn hasn’t known for very long. I don’t know if I have the
time exactly right, but I think that he's certainly known that they were doing stuff, but it was like
the Friday before Labor Day Weekend that I think the proverbial hit the fan. So that really is still
like 20 days ago or 23 days ago or wherever we are. It hasn’t been very much time. I will say,
and I'm not making excuses, but the challenge of the medical condition has made it harder.
There's no desire to delay. I will represent if he wants this thing resolved as fast as humanly
possible. I think our interests are aligned there. I think the question, Chair, is in light of the
competing concerns where do we land. Not that there aren't competing concerns and that sort of
thing. I would say I guess just two things. Again, we're working very quickly to get up to speed
on the regs, but there is a mechanism, an emergency mechanism under the regs for revocation
that I don’t believe that's not the one that's been invoked. So I think that cuts in favor of some
time here to prepare. I do understand the December 30th issue. We did think about that. That's
why we asked for the very beginning of the month, so there's time. We have no desire to gum up
the works on the licensing process. We did think about that and figured that four-ish weeks
would give a cushion so that what Mr. Dell’Orfano has described is not going to happen. I just
wanted to address those points. That's all.
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CHAIR DOUGLAS: When I referred to New Hampshire as being very, very small, I
understand what you're saying but I also understand where Mark is coming from. The optics for
this agency is not good. I don’t care where I am. People are coming up to me all the time. And
it's damaging our brand. I understand what you're saying, but I'd like to—
MR. HAFER: I understand. I didn’t mean to interrupt you.
CHAIR DOUGLAS: That's okay. Just take it under advisement. But what kind of time are
you asking for?
MR. HAFER: I asked—
MR. DELL’ORFANO: They asked the Division for two months.
MR. HAFER: We asked the Division for two months, which would be December 3rd instead of
October 3rd.
CHAIR DOUGLAS: That's difficult.
MR. HAFER: Can I just ask—would it be possible? When you say—I just want to make sure I
understand it properly. The brand and the damage to the brand or however your own words
were, can you just explain?
CHAIR DOUGLAS: I mean we—
MR. DELL’ORFANO: I'd be careful with that. Because every commissioner is essentially a
public person. Folks will come up to them and ask them questions about what's going on with
things they see in the news. It's very common. That happens to all of our commissioners in all
of our different agencies.
CHAIR DOUGLAS: I'm sure [PH 00:18:50] Jamalica gets the same thing every time.
MR. DELL’ORFANO: It's because it's a small state, as the Chair pointed out. The way that I
interpreted what she said was more around the idea that people come up to her and ask her
questions and she can speak for herself, but like all of our commissioners, when those kinds of
things happen, they know not to talk about [PH 00:19:12] penny matters. I just want to be
careful how much of that we try to go into here because it's really not the point of the—
MR. HAFER: No, no. I was just trying to understand it to the extent we're talking about what's
reasonable given all the—because I guess I would just say two things. If the shoe were on the
other foot, here's this clown coming up from Boston.
MR. DELL’ORFANO: We don’t look at you like that.
MR. HAFER: Maybe clown wasn’t the right word, but there's got to be another one. But I
would say a couple of things. To me from 30,000 feet and from the outside, the public message
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here is that the commission is taking this extraordinarily seriously and has moved in a very
public way to assure the public that they are taking it seriously. These are very detailed findings.
[00:20:00]
It's in my experience fairly uncommon for an Attorney General to confirm the existence of an
ongoing criminal investigation that has been done publicly. There's been public statements that
it's been referred for a federal criminal investigation. I would just say I do think that the current
record contains a lot of information that would give—again, I know we're talking here, where is
the rubber going to meet the road and how do we balance all this stuff. I would just say, Chair,
as you take that under advisement, I think October 3rd is literally the first day that this—there's a
15-day notice or provision. I think it's literally the fastest that this could possibly go. My view
would be when you're considering this and what's a reasonable balancing that that's not where it
should come out. It certainly might not come out 90 days from now, but it shouldn’t be that fast.
Given everything that the state has already done publicly on this and given the complexity here,
that's too fast. And that doesn’t strike the right balance between due process and quick, decisive
action. I will say, I would like—again, Mr. Dell’Orfano has very articulately set forth the state
view that it's a show-cause. That's not our reading of what it is. Our read is it has more teeth
than that. I know one of the items on the agenda for today is the burden. We're trying to get our
hands around it. I don’t want to like officially tell you our view of the burden yet, but I will say
we don’t see it as—we think the burden thing is a live issue. We can submit something very
quickly on that. I just can't speak to it fluently right now, other than to say we're not going to
agree that it's the functional equivalent of a show-cause hearing. We think the revocation
process requires what has already been done, which is a thorough investigation and proposed
fact-findings and conclusions of law with respect to suitability. But that the hearing is an
integral part of that process. The revocation, licensees do have rights. The Attorney General
spoke about that himself. They have rights. We view the hearing as part of the process, not just
the sort of check the box exercise to confirm what's already been done. I'm talking too much
again.
CHAIR DOUGLAS: I'm inclined to agree with you that they have shown unsuitability. I
would think the burden would be on you to show why that's not true or what they got wrong. I'll
think about it.
MR. HAFER: You're inclined to think they have already shown it just based on the proposed
findings that have been disclosed publicly?
MR. DELL’ORFANO: Yeah. So statutorily the Attorney General has an obligation to
investigate licensees or potential licensees through the suitability process and to render a
determination. Both the statute and the regs talk about as soon as the commission receives a
statement from the attorney general finding that he finds a potential licensee or current licensee
not suitable for the associated charitable gaming in New Hampshire it's the obligation of the
commission to revoke the permit. There isn't a, well let's notice him on this and argue about
whether or not he's suitable because that determination is made at the discretion of the attorney
general. I mean if the legislature wanted some kind of hearing process around suitability, they
would have put it in the statute and they didn’t. The reason we're talking about a hearing here
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today is because we have in hand the suitability determination that is adverse. Before we can
revoke the permit, we need to give Mr. Sanborn and the Win Win Win the opportunity to appear
and tell us how they're in full compliance with the law. That comes right out of 541A. Go
ahead.
MR. HAFER: No, no. I interrupted you.
MR. DELL’ORFANO: And so I think where we see this coming out is that the rules that for
the most part are there for hearings, they don’t really address what happens when there's a
suitability determination. That's a failing of the rules. But our rules are subject to the statutes.
So the rules supersede the statute. The statute has in it language that allows the government or
one of its agencies to do something. Then if a rule doesn’t exist or the rule is contradictory, the
rule fails. That's really the established law in New Hampshire. That's the law because this
happens a lot where we may have a statute that the legislature enacts but the agency hasn’t gotten
around to changing the rules yet. That happens. And so that's why if there is a conflict between
the rules of the statute, the statute prevails.
[00:25:00]
And here there's a clear admonishment in the statute that this person can't continue to hold, this
licensee can't continue to hold this license.
CHAIR DOUGLAS: I'm also concerned. You're asking for two months, which would push it
into December. And then if Mr. Sanborn is not happy with that, he has the ability to appeal to
the Supreme Court. I don’t know how fast they would respond to that. Then you're almost
through the year and into the next year.
MR. HAFER: I hear you. I definitely hear you, Chair. I would say two things. Ma'am, do you
mind if I just engage with Mr. Dell’Orfano, what he just said for a moment? I was just going to
say, we looked at the lottery regs and I hear you on everything you said but there's a lot of
specific rights in the lottery's regs for under 215-02 to prepare witnesses and documentary
evidence. Right. That's there. 209-01 to make motions, multiple pre-hearing conferences. I'm
just saying there are a lot of procedural mechanisms here for us to gum up the works. We are not
looking to do that, but we would very much like to get our hands around it. That's why I tried to
focus it for you, Chair. I need to figure out who the heck filed this application on his behalf, who
he consulted with, and whether that person will talk to me. That's obviously a really significant
thing. Hypothetically if someone did do that and told him everything was kosher and fine, that is
very different than if someone said you can't do this and he did it anyway. And then the same
issue on the accounting. I would just say—and I would say one other thing. Mr. Dell’Orfano
and I had a very preliminary conversation on this but in light of the issues I've identified
regarding the parallel criminal proceedings, if we have some meaningful time to get our hands
around this, it very well may be our conclusion that we shouldn’t have a hearing.
CHAIR DOUGLAS: I understand.
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MR. HAFER: Right. And so you don’t know me from Adam, but I'm telling you, that is a—
but I can't do that—
CHAIR DOUGLAS: I understand. How long would it take you—will it take you? You have
this third-party's name and contact information. How long do you think that's going to take you?
Let me explain that I am leaving October 16th. This is one reason we were trying to get this
done before.
MR. DELL’ORFANO: Madam Chair, if I could just interrupt. My apologies.
CHAIR DOUGLAS: Sure.
MR. DELL’ORFANO: I think that one of the things that if you decide to take this under
advisement and think about an extension, one of the things I think the state would want is for
there to be either voluntarily or an order of suspension of Concord Casino's license pending the
outcome of the hearing.
CHAIR DOUGLAS: That was my next question.
MR. DELL’ORFANO: I don’t think it's unreasonable given the fact that there is this adverse
suitability determination already out there. And to be frank, our concern is that someone is going
to attempt to transfer that license to a third-party. I think that we also want to make clear that
that's not something that can be done presently given that the license is really in jeopardy at this
point.
CHAIR DOUGLAS: That's my understanding.
MR. HAFER: No. I hear you. If there is a reasonable compromise to be made here, I'm happy
to have that conversation with Mr. Dell’Orfano. My priority is you asked me specifically on
time. We're going to try to find this guy on Monday. I don’t know where he is. I don’t know if
he'll take my call. But we're not going to dawdle. I would like the opportunity to draft a letter,
which we're happy to work on over the weekend, so it's also ready by Tuesday next week saying
hey, this is the stuff we would like. Mr. Dell’Orfano has told me there's very little discovery on
the case. That there aren't going to be witness interviews. If that's the case then we're planning
to do these things next week. Write a letter and say what we have and you either tell us you
don’t have that stuff or you have it and give it to us. We're happy to reach out to the third-party
next week. I will represent, though I don’t usually do this, the forensic accountant is getting the
information as we speak and doing his thing. We have really tried. Because I wanted to be able
even in 36 hours to come up here and convince you that this is not just to use a hockey metaphor,
rag in the puck. We're trying to move.
MR. DELL’ORFANO: Absolutely. I get the metaphor too. Here's something to think about,
Madam Chair, is that perhaps
[00:30:00]
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if you were to take it under advisement, perhaps we could meet again next week and see where
we are. Don’t make a determination this morning regarding timing, but perhaps take it under
advisement and maybe we could meet—I have to check my calendar, but I want to try and do
midweek next week if that is something that could work for you folks.
MR. HAFER: Yes. We were actually going to propose something similar. Come back
Wednesday/Thursday. We can talk. Obviously it's the Chair's schedule that matters. But, yes.
MR. DELL’ORFANO: And while that's ongoing and, Madam Chair, the statute really kind of
contemplates this. RSA-541-A contemplates the idea that parties may try to engage in certain
kinds of settlement negotiations while a matter like this is pending. I think that before the next
hearing that we may try to engage with opposing counsel on coming up with a solution for this.
If that's agreeable for you folks.
MR. HAFER: I would be happy. Chair, if you have time next week, we'll find a way to get
here.
CHAIR DOUGLAS: You're going to have your letter over the weekend, so you'll have that
Monday?
MR. HAFER: Realistically we can get by Monday. Get a letter. What would we be looking
for? Again, if it's not there, then it's not there then yes, we can have that letter by Monday.
CHAIR DOUGLAS: Okay.
MR. HAFER: I could have an update. Is Thursday too late? Would you rather do Wednesday?
Could you do Thursday?
MR. DELL’ORFANO: My problem is Wednesday I have hearings over at marital services.
CHAIR DOUGLAS: How about Thursday?
MR. DELL’ORFANO: I could do Wednesday. I'm sorry. That's Tuesday my hearing is. I can
do Wednesday.
MR. HAFER: Let me take a look at my phone.
CHAIR DOUGLAS: Sure. Our phones rule our lives.
MR. DELL’ORFANO: 20 years ago I'd be pulling out a calendar book. At least it's a lot
lighter.
CHAIR DOUGLAS: Chuck still has a Rolodex on his desk. You know why? Because when
somebody asks him about somebody he says, you know, I think he died. And when he does he
pulls their card and writes dead. This is my husband. He's very old school.
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MR. HAFER: Could we do like 3:00 p.m.? Is that too late on Wednesday? I can do
Wednesday.
MR. DELL’ORFANO: That'd be fine with us.
CHAIR DOUGLAS: Yeah. John? That's the 27th.
MR. HAFER: Could we just maybe reset and maybe Mark and Zach can just reset exactly what
so that we're all clear what's to be done or what's to be decided on that day?
MR. DELL’ORFANO: I think what'll be decided on that day is whether—put it this way. I
don’t want to say what's definitely going to be decided, but I think by that time Attorney Hafer
will be able to provide some information into the Chair regarding the status of his client's case
and the Chair would be able to make a more informed decision regarding the scheduling. Of
course the Division's position is that October 3rd should be the day. If we receive things as part
of that process and we disagree with them, we'll object to them. But I think that as far as the
Division is concerned, we want to move forward on the 3rd.
MR. HAFER: You know our position on the 3rd. I can tell you by Wednesday afternoon, we
are going to have demonstrable progress here and hopefully enough to persuade the Chair that
the 3rd is too quick. Whatever the balancing is, Chair, if that's too quick. But I'm going to get
you a letter on Monday with our asks.
MR. DELL’ORFANO: And we'll turn around and respond relatively—if one is required from
us, we'll turn around something pretty quickly. I think the one thing thought and I'll reserve this
for later. It's not critical here. Let me see what you guys send.
CHAIR DOUGLAS: And that should give you time—you do have the contact on this third-
party?
MR. HAFER: I know who it is. I know the name. That's the extent of what I know. Where? I
don’t know whether I have a phone number yet or where he is. But it's at the very top of our list
of things to do on Monday.
CHAIR DOUGLAS: Hopefully you get a home phone number and you can talk to the person
over the weekend.
MR. HAFER: That's true. For example, that's something [INDISCERNIBLE 00:34:49]. I'm
not going to talk about what we might have said in the phone conversation, but it's a big
difference to us if he's been interviewed or he's not been interviewed.
[00:35:00]
MR. DELL’ORFANO: He hasn’t been interviewed. We haven't spoken to the individual that
assisted Win Win Win on their applications. There's been no contact with those folks.
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CHAIR DOUGLAS: Well since there's a parallel investigation, I would think that it's going to
be crucial to figuring out.
MR. HAFER: It is.
MR. DELL’ORFANO: Madam Chair, just for your information, I am not involved with the
criminal investigation whatsoever. I'm strictly on his license action. The criminal division at
DOJ is running the criminal investigation for the state. I'm sure Attorney Hafer will understand
this. I've been told that no one at the U.S. Attorney's Office can confirm or deny whether or not
there is an investigation going on with their office.
CHAIR DOUGLAS: Right.
MR. HAFER: I appreciate, Chair, you listening. I appreciate the courtesy. I appreciate the
willingness to meet again on Wednesday. I appreciate it.
CHAIR DOUGLAS: My list of questions is getting shortened. Until we have the meeting on
Wednesday—
MR. DELL’ORFANO: Maybe we should adjourn this to that future date so that we can give
Mr. Sanborn's—
CHAIR DOUGLAS: That's what I mean.
MR. DELL’ORFANO: Win Win Win's counsel the opportunity to present the information that
they're discussing.
CHAIR DOUGLAS: Yeah. That's what I was going to say. Because everything else—
MR. DELL’ORFANO: Might be able to have a better conversation.
MR. HAFER: We appreciate that. We understand. We saw that.
MR. DELL’ORFANO: We do understand that this is rather close timeframe, but I think that if
you folks are able to send that stuff up then we can take a look at it and reconvene on
Wednesday.
MR. HAFER: May I make one final suggestion before we go off the records? It would just be
on this one other thing that could be constructive to try to at least each set forth our positions on
is this notion of whether it's show-cause or whether it's something other than show-cause. It may
be worthwhile for you and I to exchange emails with some cites or that sort of thing so we tee
that up for you, Chair. Because I think that's a—
MR. DELL’ORFANO: Are you suggesting we brief it?
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MR. HAFER: I don’t want to like gum you up with papers that you don’t want to read, but it
might not be that. It's just that one narrow issue, a page or two on the issue. I don’t know.
MR. DELL’ORFANO: Let me do this. Let me think about that. Okay. Because I understand
your position. Let me think about it and we can connect over email.
MR. HAFER: Okay. Great.
MR. DELL’ORFANO: Then we can have a discussion on it at the next time.
CHAIR DOUGLAS: Okay. We are scheduling for next Wednesday, the 27th at 3:00. Are we
planning to meet here?
MR. DELL’ORFANO: Yes.
MR. HAFER: I'll have to confirm that.
CHAIR DOUGLAS: I was going to say, do you know if this is available.
MS. CROCKETT: I'll make it available.
CHAIR DOUGLAS: Thank you. I was going to say.
MR. DELL’ORFANO: Nobody wants to meet at DOJ because we're in the process of moving
and the place is like all torn apart.
CHAIR DOUGLAS: You know, I drove by there the other day and Chuck asked me if you
guys have moved yet.
MR. HAFER: The place was all torn apart before you were moving.
CHAIR DOUGLAS: I know.
MR. DELL’ORFANO: [PH 00:38:30] DAS came by and told us that they were shutting down
our elevators because they don’t comply any longer. New Hampshire's Department of Labor
Standards.
CHAIR DOUGLAS: I'm not going to say a word.
MR. DELL’ORFANO: I once had an Attorney General tell me that all of the boxes of
documents were causing a load failure and it's a good thing that I was on the third floor because
otherwise I'd be in trouble.
CHAIR DOUGLAS: Okay. We have an event over on the sea coast.
MR. DELL’ORFANO: Yeah. But that's not until much later.
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CHAIR DOUGLAS: 5:00-5:30, so we should be fine.
MR. HAFER: Okay. See you Wednesday. Thank you.
CHAIR DOUGLAS: Yes. I'm sorry it was a long trip for a short.
MR. HAFER: We're happy.
CHAIR DOUGLAS: At least you were coming the right way.
MR. HAFER: Correct. It's an easy drive. I live north of the city.
CHAIR DOUGLAS: Oh, you do. Do you also? Oh good. You should live in New
Hampshire. The taxes are better.
MR. HAFER: I'm coming here as soon as my kids are finished school.
MR. DELL’ORFANO: Which [INDISCERNIBLE 00:39:31].
MR. HAFER: We live in Winchester. My wife grew up in Lexington, so very little capital,
which is close to zero. Making sure we didn’t move to Lexington. So we went one town over.
CHAIR DOUGLAS: Too close.
MR. DELL’ORFANO: Lexington is a beautiful town too. My best friend from college lives in
Lexington.
CHAIR DOUGLAS: The son that went to Dartmouth, he did his undergraduate there.
[00:40:00]
And then they brought him back for his PhD. Yeah.
MR. HAFER: What year was he an undergrad?
CHAIR DOUGLAS: He's 52.
[00:40:11]
14
I, Anders Nelson, hereby certify that “Sanborn Pre Hearing Recording 9-22-23” is, to the best of my
knowledge and belief, a true and accurate transcription of the recorded proceeding.
______________________
Anders Nelson
Project Manager
October 9, 2023
216 EAST 45TH STREET, 9TH FLOOR, NEW YORK, NY 10017 T +1 212.400.8845 F +1.212.867.3106 LEGAL.TRANSPERFECT.COM
Exhibit H
GOVERNOR Christopher T. Sununu
CHAIRMAN Debra M. Douglas
COMMISSIONER H. Andy Crews
COMMISSIONER Erle B. Pierce
Over $2 Billion and Counting for our Schools EXEC UTIVE DIRECTOR Charles R. McIntyre
New Hampshire Lottery Commission
5 Year Suitability Review
Games of Chance License
Win Win Win, LLC d/b/a Concord Casino
March 13, 2023
SUMMARY OF FINDINGS
A. Introduction
I. Background/Legal Authority
This report relates to the suitability of Win Win Win, LLC d/b/a Concord Casino
(hereinafter referred to as "Concord Casino") and its' principal Anthony Sanborn, to continue to
be associated with gaming in New Hampshire. Concord Casino first applied for and received a
Game Operator Employer and Games of Chance Facility license in 2018.1 Prior to 2019, the
Lottery Commission and Department of Justice did not conduct thorough suitability reviews due
to limitation of resources and the small-scale nature of these gaming entities. In late 2018, the
Department of Justice and New Hampshire Lottery Commission revamped the suitability process
and required that all new applications be thoroughly vetted by both entities. In 2022, that process
was amended to allow the Lottery Commission to conduct the primary investigation and make a
recommendation on suitability to the Department of Justice who reviews the Lottery
Commission's findings and makes a final decision on suitability.
RSA 287-D: 11 requires a review of the suitability of a game operator employer and games
of chance facility upon initial application and every five years thereafter. As pre-2019 licensees
were not subject to full reviews, the Department of Justice and Lottery Commission have
committed to conducting a full suitability review at the five-year interval to determine whether
these licensees should remain involved with gaming in New Hampshire. Concord Casino received
its' initial license in 2018 and is due for its suitability review in 2023.
This review is conducted in accordance with RSA 284:3-a and RSA 287-D: 11.
1
Initial Games of Chance Application dated September 28, 2018, attached as Exhibit 1.
Live Free or Die
New Hampshire Lottery Commission 14 Integra Drive Concord, New Hampshire 03301
TEL 603.271.3391 FAX 603.271.1160 TDD 1.800.735.2%4 www.nhlottery.com
II. Investigation Procedure
This office reached out to Mr. Sanborn on January 6, 2023, to advise him of the suitability
review. 2 Atthat time, we requested the statutorily requested information laid out in RSA 287-
D: 11 and a Suitability Determination Release of Liability Waiver. We received the requested
information on January 31, 2023, but have not received a waiver despite promises to deliver
one. 3
Currently, Games Operator Employer applications provide little substantive information
on which to base an investigation. Applicants are not required to provide a Multi-Jurisdictional
Personal Disclosure Form. This review has been based primarily on agency records from
regulating Concord Casino and open-source records relating to the entity and its' principal.
B. Concord Casino
I. Company Background
The organization and structure of Concord Casino is very straightforward. Mr. Sanborn
reports that he is the single member, 100% owner and manager of the entity.4 The company was
organized in 2018 at the time of its initial application. 5 Concord Casino's operations relate solely
to garnirig operations. It is a separate legal entity from The Draft bar and restaurant which leases
the space to Concord Casino.
The only notable item about the corporate structure is that the NAICS codes for the
company are inconsistent with the business. Specifically, the company is classified as a "Health
and Personal Care Store" and the trade name is listed as relating to Automotive Exhaust System
repair. 6
II. Regulatory History
Concord Casino has been consistently licensed since 2018 and has a relatively.benign
regulatory history. The company received four written warnings over the four years of games of
chance operation, with three of the warnings relating to a single incident. 7 These warnings
related to late· filing of financial reports and failure to post charitable information. Of note, the
compan)'also holds a Bingo/Lucky 7 license. 8 The bingo consultant, Laurie Sanborn, has been
the subje~f of two administrative actions for hosting an unlicensed bingo. 9 Those case·s were
2
January 6, 2023, letterfrom Conforti to Sanborn attached as Exhibit 2.
3
. Email from Sanborn to Conforti dated January 31, 2023, attached as Exhibit 3.
4
See Exhibit 3 and Secretary of State filings attached as Exhibit 4.
5
See Exhibit 4.
6
Id.
7
Letters of Warning to Concord Casino attached as Exhibit 5.
8
2023 Bing.o license attached as Exhibit 6.
9
Bingo Administrative Actions as Exhibit 7.
2
consolidated and resolved for a fine of $1,000. 10 It should be noted, however, that these actions
do not relate to Concord Casino's license as bingo activities are the responsibility of the charity
and their consultant.
III. Audit/Financial Review
Concord Casino underwent a regularly scheduled audit in 2021 covering the period from
December 1, 2020,to February 28, 2021. 11 The audit report identified six observations, mostly
relating to inaccurate or insufficient financial documentation. The observations themselves were
largely consistent with the findings of similar types of game rooms. Generally, licensees agree to
make recommended changes to procedures and demonstrate that they are seeking to resolve any
identified issues. Concord Casino, however, refused to acknowledge several of the concerns and
did not commit to implementing the recommendations identified in the audit. 12 This discussion
continued past the audit as Concord Casino refused to implement basic cash controls requested
by the auditors.
In late 2021, the Lottery Commission agreed to license Concord Casino for 2022 with the
understanding that the parties would meet and attempt to resolve the Commission's concerns as
identified in the audit report. That meeting did not take place until later in 2022 when Concord
Casino sought approval for expanded gaming space. The Commission permitted the use of the
expanded facility contingent on another audit being conducted and issues being resolved before
the 2023 license deadline. 13
The 2022 audit identified more substantial issues than the previous version. The initial
findings ·o f the audit are outlined in an October 3, 2022, letter from John Conforti to Executive
Director Charles Mcintyre. 14 This letter was provided to the Department of Justice days later
given the potential legal implications of the ·Commission's findings. In summary, the audit
identified concerns relating to Concord Casino's application for and use of an $844,000
Economic Injury Disaster Loan ("EIDL") from the United States Small Business
Administration. 15 Mr. Sanborn applied for this loan under the inaccurate NAICS codes. 16
Generally, gaming establishments are not eligible for these loans, however, due to COVID rule
~hanges it is unclear whether loan was properly procured. 17
At the time that Concord Casino obtained the EIDL disbursement it had almost no
operating funds. 18 The company appears to have used these funds in several unauthorized ways
10
Settlement Agreement attached as Exhibit 8.
11
2021 Audit Report attached as Exhibit 9.
12 /d.
13
Email from Conforti to Sanborn dated August 18, 2022, attached as Exhibit 10.
14
Letter from Conforti to McIntyre attached hereto as Exhibit 11.
15
.See Exhibit 11 and 2022 Draft Audit Report attached as Exhibit 12.
16
Exhibit 11 at p: 2.
17
Exhibit 11 at p 2-4.
18
Exhibit 11 at p. 2.
3
including the apparent purchase of race car parts and engines, rent payments to another Sanborn
owned company that were not due under the lease, payments of rent to a Sanborn company that
had no lease with Concord Casino, and expenditures relating to the expansion and potential
relocation of the Sanborn business. 19 Many of these impermissible purchases were identified in
the company financials as allowable expenses including "equipment" and "advertising."20
We noty that the Lottery Com.mission is not a law enforcement organization and is not
tasked with conducting forensic financial reviews. We recom.m.end that the Department of Justice
perform. additional investigation on the items identified in this audit report and/or refer the matter
for additional review by the relevant federal authorities. Assuming, however, that the audit
findings are substantiated, Concord Casino would not be suitable to be engaged in gaming in any
jurisdiction.
IV. Criminal History/Litigation
Concord Casino has no criminal history and has not been the subject of any litigation, liens,
or bankruptcies:
C. Anthony Sanborn
As noted above, Anthony Sanborn (d.o.b. 6/15/1962) is the sole member and manager of
Concord Casi~o'.· He is married to a current member of the State Legislature, Laurte Sanborn.
Mrs. Sanborn holds no form.al position within Concord Casino; however, she has served as a
licensed bi~go consultant for charities operating at the facility. Mr. and Mrs. Sanborn currently
live in Bedford, NH in a home owned by the Laurie J. Sanborn Revocable Trust. 21
I. Business History
Mr. Sanborn is the manager of several LLCs, including The Best Revenge LLC which
owns the real estate occupied by the Concord Casino and The Draft, LLC which is the restaurant
and bar that shares the space with the casino. 22 Additionally, Mr. Sanborn has an LLC and
registered trade name related to a proposed expanded gaming facility in Concord. 23 Finally, we
were able to identify two other LL Cs that are for the purpose of owning real estate. 24
Mr. Sanborn had previously been associated with a business by the name ofBranagan's
Cycling Company,Inc. ("Branagan") that was closed in 2004 and dissolved in 2006. 25 We were
19
Exhibit 11 at p; 2-4
20 Id.
21
Sanborn real estate information attached as Exhibit 13.
22
Secretary of State records for Sanborn owned businesses attached as Exhibit 14.
23 Id.
24 Id.
25
Secretary of State records for Branagan attached as Exhibit 15.
4
able to obtain partial information relating to the business closure through the Department of
Justice. An involuntary Chapter 7 bankruptcy was filed in United States Bankruptcy Court for
the District of New Hampshire (Docket# 05-10083-MWV) against Branagan by four of its
creditors in 2005. 26 The proceeding was concluded in 2009 and limited information is provided
in these documents related to the proceeding. Press reports accused Sanborn of shutting down the
store with the intent to defraud his suppliers to pay personal debt. 27 These reports were made in
the context of Mr. Sanborn's political activities as a candidate and campaign surrogate for others.
Other reports contemporaneous with the business closure seem to contradict the more salacious
reports that workers were shut out without notice; 28
II. Criminal Background
Mr. Sanborn has been subject to criminal background checks every year for the past five
years as part of the licensing process. To the best of our knowledge Mr. Sanborn has no criminal
record.
III. • Legal History
Mr. Sanborn and his companies have a substantial history of tax liens. Specifically, Mr.
Sanborn had 13 tax liens filed against him personally. 29 Mrs. Sanborn had 10 tax liens filed
against her. 30 An additional 14 tax liens were filed against Sanborn owned entities. 31 It appears
that all or nearly all the liens were resolved, however, the number of liens demonstrates a pattern
of non~compliance with financial responsibilities.
IV. Character/Reputation
Mr. Sanborn served as State Senator from 2010-2018 before leaving office to run for
United States Congress. Mr. Sanborn was the subject of an ethics probe during his time in the
legislature. 32 The initial allegation under review was that a Senate intern received cash in
exchange for a promise not to report Senator Sanborn for inappropriate comments made to the
intern. 33 This ethics investigation was conducted by the New Hampshire Department of Justice.
We made a request to review the file related to this investigation which was not granted. ·
. The investigation substantiated .that Mr. Sanborn had made inappropriate comments to
the intern but failed to corroborate that the victim had received money or a job offer as a quid pro
26
Bankruptcy case records attached as Exhibit 16.
27
Daily Beast.com article dated April 7, 2015, updated April 7, 2017, attached hereto as Exhibit 17.
28
Keene Sentinel article dated November 27, 2004, auached as Exhibit 18.
29
Merrimack County Tax Information attached as Exhibit 20.
30 Id.
31 Id.
32
Letter from Sr. Asst. Attorney General Ward to Senate President Morse dated June 5, 2018, attached as Exhibit
21.
33 Id:
5
quo for not pursuing a complaint. At the conclusion of the investigation, several witness
transcripts were released to the public which cast a negative light on Mr. Sanborn's behavior.
This included evidence that Mr. Sanborn had made crass comments about oral sex to an intern in
2013 and that Mr. Sanborn made "near daily" unwelcome comments about a female staffer's
appearance. 34 35
CONCLUSION
The limited administrative actions taken against Concord Casino have been the result of
carelessness rather than nefarious conduct and we have not seen material issues with payments to
charities or players. In addition, neither the entity nor Mr. Sanborn have criminal or litigation
history that would cause concern.
The finances of the company and Mr. Sanborn personally remain unclear. Concord
Casino appears.to have limited cash flow from operations and had almost no funds in their
operational account at the time that they received the EIDL loan. As we did not have access to
the finan~ial reports of his other entities or his tax returns, we are unable to make an informed
decision on his financial suitability at this time.
Despite nearly five years of licensed operations, we have grave concerns with Concord
Casino's continuing involvement in gaming in New Hampshire. This review has identified that
Mr. Sanborn has a general disregard for compliance with laws, rules, and procedures. The most
severe example is the apparent fraud and misuse of an $844,000 EIDL loan. Based on our
review, i~ appearsrriore probable than not that Mr. Sanborn has used these funds for purposes
that are not permitted under the conditions of the loan. Moreover, these do not appear to be mere
technical violations of complex loan requirements. Rather, this appears to be a concerted effort to
divert money intended to assist Concord Casino to personal hobbies and non-Concord Casino
accounts that are controlled by Sanborn. Mr. Sanborn attempted to conceal his actions by
labeling these diversions as equipment purchases, advertising expenses, and rent. This behavior
is not merely unsuitable to be engaged in gaming but is a likely violation of federal law.
The apparent abuse of federal funds is part on .a n ongoing pattern of disregard for legal
requirements. This is further evidenced by the habitual failure to pay taxes in a timely basis
leading to 37 separate tax liens filed against him, his companies, and his family and the
bankruptcy of his prior business which was allegedly designed to defraud his suppliers. Finally,
Mr. Sanborn's conduct while a State Senator gives us grave concerns about his personal
character and fitness to associated with gaming, specifically given the severe and pervasive
sexual harassment.outlined in public documents.
34
Concord Monitor article dated August 29, 2018, attached as Exhibit 22.
35 WMUR article dated August 18, 2018, attached as Exhibit 23.
6
As noted at the outset, this investigation has largely been limited to review of existing
agency records and public source documents. Wewould encourage the Department of Justice to
conduct further investigation of the issues highlighted in this report. Specifically, we would
suggest that thatthe Department review its own files with respect to Mr. Sanborn's ethics
investigation to provide additional insight on the licensee's character. More importantly, we
would suggest that the Department of Justice conduct a financial forensic investigation of
Concord Casino's application for and use ofEIDL funds or refer the matter to the appropriate
federal law enforcement agency.
Assuming that further investigation largely corroborates the findings of this report, we
would recommend that Concord Casino and Mr. Sanborn be found not suitable to be engaged in
gaming in New Hampshire. To the extent the Department of Justice agrees with that conclusion,
we look forward to discussing the administrative actions that may be taken against these
licensees.
R~ ~lly submitted,
{lr_ {f;JJ):
Chief Compliance Officer
Enclosures
7
EXIDBIT 1
' ...
.. IErniEaw~n
OCT 1 2018 ~ acing and Charitable Gaming Official Use Only
A Dlvi Ion of the New Hampshire Lottery Commission
RegulatJnn & Faf4 ement of Racetracks, Bingo, Lucky 7 and Games of Chance ID#~:-1-~~~~
Ef'J -ILicense#:
- _ __ 5
GAMES OF CHANCE APPLICATION
FOR A GAME OPERATOR EMPLOYER Reviewer.~
1. TYPE OF APPLICATION
0 Renewal Application (Current ID#_ _ _ _ -1
2. CONTACT INFORMATION
Bu.-.iness Name of Game Operator Employer:
Business Ad4fess:
?J t ~ l<- }J#- 03(/l'.>
sireet/PoaoJ City/Town Slate Zip
Phone Fax#: Web Address: Federal Tax ID# {FEIN):
Is the business in good standing with the NH Department of Revenue Administration (ORA)? '
To qualify for a license, the business must be in good standing with the NH DRA
3. BUSINESS OWNERS/MANAGERS
_ ....
Provide a complete list of the names and title of all business' owners, panners, trustees, officers, directors, shareholders,
managers or members. If more space is needed. submit the list on a separate sheet of paper.
Name Tide
Have any of the individuuJs identified above been convicted of a felony within the previous 10 years
or a misdemeanor involving falsehood or dishonesty within the previous 5 years, which has not been D Yes!B-Ro
annulled by a court, or violated any statutes or rules governing charitable gambling?
If yes, please provide the name of the individual, the date and description of the charges, and any other relevant
information.
Page 1 of 2 Revised 6/2017
GAMES OF CRANCE APPLICATIOl j?R A GAME OPERATOR EMPLOYER
Application for: f" (,J ; o hJ ~ L I--(_,,,.
(Name of Game Operolor Employer)
-
4. INDIVIDUAL ACTING AS THE GAME OPERATOR EMPLOYER (GOE)
Name and Title of Individual Acting as GOE:
Address for Official Correspondences: t ( A" fA.o,-.,u Sq,nbon-"\...
'1.l ~ t. De J&Jc.h 4. ArH- Q3/l d
Street/PO Bo;-" Clty/fown Stale Zip
Phone Number(s):
(fuo3) &f2111,s I E-s ~~~' s ~ nbt,1""1'_ ~ q IM_,'°/•~
Is this individual D An owner-of l0% or more of the business O A Partner B'A Managing Membe1 D A Chief
Executive
❖ To qualify as a Game Operator Employer, the individual must own /0% or more of the business, or be a partner,
managing member or chief executive of the business.
•:• The individual serving as tile Game Operator Employer is subject to a background and crimi11al history check.
❖ All Game Operator Employers ,rncst also be licensed as a Primary Game Operator.
- - - - ~ l - 5. FINANCIAL INSTITUTION WHERE GOC FUNDS WILL BE HELD
c--n Z,. l!-r\.S I? ti,t\;J::_
Name of the Financial Institution* where Funds will be Deposited/Withdrawn
33/4/J>ot;z'f
Account Number
*The financial institution must have ar least 011e branch in New Hampshire
l 7 6. A'ITESTATION
I certify, under penalty of unsworn falsification pursuant to RSA 641 :3, that the infonnation provided on this application
and on any supporting documentation is true, accurate and complete and that there are not willful misrepresentations in
or falsifications of the infonnation provided herein.
~!Jl~ -
Signature of Individual Acting as the GOE* ~ £..
*Signature m11st be of the individ11al identified in section 4 abo1 e.1
Page 2 of 2 Revised 6/2017
EXIIlBIT 2
~OVERNOR Christopher T. Sununu
Cl-!A!RMAN Debra M. Douglas
C0l.11,llSSI0NER H. Andy Crews
co•i1,11ssior,Ell Erle B. Pierce
Over $2 Billion and Counting for our Schools l E " E H. T R Charles R. McIntyre
January 6, 2023
RE: 2023 Games of Chance Suitability Reviews
You are receiving this letter because you currently hold a Game Operator Employer license and/or
Games of Chance Facility license that is due for a suitability investigation in 2023. RSA 287-D:11 requires
the Lottery Commission and Attorney General's office to conduct a review of potential or existing licensees
at the time of initial application and every five years thereafter to ensure that the licensee is fit to be
associated with charitable gaming in New Hampshire. Our records indicate that you are scheduled for a
review during 2023 as it has been at least five years since your initial application.
These investigations are conducted by the Lottery Commission and then reviewed with the Attorney
General to make a final determination on suitability. In order to assist in conducting this review, we ask that
you submit the following information in writing to our office by Friday, January 20, 2023:
1. The name, residence address, and nature of the ownership interest including, where applicable,
the number of shares of stock held and if known, how obtained, of every person who possesses
an ownership interest in your entity.
2. The name, address, present principal occupation or employment, and name and principal
business of any corporation or other organization in which such employment is carried on of
every director, officer, and holder of 10 percent or more ownership interest in your entity.
3. A completed Suitability Determination Release of Liability Waiver (attached).
4. Any other information that you would like the Commission to be aware of that may have an
impact on your suitability to operate or host charitable gaming.
If you have a pending historic horse racing or initial game operator employer application pending
with the Commission, you can disregard this letter as a suitability review will be conducted based on the
information provided in those applications.
Please feel free to contact me if you have any questions.
Very truly yours,
1-' /C-r-
John J. Conforti
Chief Compliance Officer
cc: Mark Dell'Orfano, Esq., New Hampshire Department of Justice
Pi.-
l.11.- ,,,,., ,II
New Hampshire Lottery Commi%ion 14 ln!Pqra DrivP Conco.-d New Hampshire 03301
Hl 603.271.3391 FAX b03.27l.1160 mo 1.800.7.35.2964 WWi,.nhlottery.corn
EXHIBIT 3
Santos, Joshua
From: Conforti, John
Sent: Wednesday, February 1, 2023 9:56 AM
To: Santos, Joshua
Subject: FW: Suitability review
Here's the ultimate reply. I will send you the entire thread
From: Andy <Andy@concordnhcasino.com>
Sent: Tuesday, January 31, 2023 6:43 PM
To: Conforti, John <John.j.conforti@lottery.nh.gov>
Subject: Suitability review
--- --,
;EXTERNAL: Do not open attachments or click on links unless you recognize and trust the sender.,
• ---'= =~ = = = . . : _~ = - ==== -~
Hey John;
Thanks for sending this over, and again for the record, I had not seen it previously.
That said, here is the info ....
1. Win Win Win, LLC is a single member LLC (no stock), of which, I am 100% Managing Member. I formed
the LLC and funded the start up operation as seen on the Balance Sheet
Andy Sanborn
71 Eagle Dr, Bedford, NH 03110
2. See above. I am 100% owner. No other investors or principals
3. I don't see any sort of a waiver here, nor attached to your email? Did I miss something? Along
that line, what sort of waiver do you need? And Why?
4. I am unsure what information you are looking for with this question. Could you please clarify?
I am hopefully now finding the time to get our HHR application in, so this covers that section of the Multi J?
Can we meet in the afternoon on the 7th? I will note, that again, the Commission just drew another $6,000
from our Lottery operating account which I do believe these takings are unwarranted and I am due significant
money back.
Best
Andy
1
EXHIBIT4
(/online/Home/){,t) Back to Home (!online)
Business Information
Business Details
Business Name: WIN WIN WIN, LLC Business ID: 801530
. Domestic Limited Liability
Business Type: C Business Status: Good Standing
ompany
Management Style: Member Managed
Name in State of . bl
Business Creation Date: 08/20/2018 . NotAvaI 1a e
FormatIon:
Date of Formation in N A
. d. .
Juns IctIon:
I
Principal Office Address: 67 South Main St., Concord, NH, Mailing Address: PO Box 2244, Concord, NH, 03302,
03301, USA USA
Citizenship/ State of . .
. Domestic/New Hampshire
FormatIon:
Last Annual
2022
Report Year:
Next Report Year: 2023
Duration: Perpetual
Business Email: andy@concordnhcasino.com Phone#: 603-682-1165
Fiscal Year End NONE
Notification Email: andy@concordnhcasino.com
Date:
Principal Purpose
S.No NAICS Code NAICS Subcode
1 Retail Trade All Other Health and Personal Care Stores
Page 1 of 1, records 1 to 1 of 1
Principals Information
Name/Title Business Address
Anthony Sanborn / Member 71 Eagle Drive, Bedford, NH, 03110, USA
Page 1 of 1, records 1 to 1 of 1
Registered Agent Information
Name: Anthony M Sanborn
Registered Office 71 Eagle Dr, Bedford, NH, 03110, USA
Address:
Registered Mailing 71 Eagle Dr, Bedford, NH, 03110, USA
Address:
Trade Name Information
Business Name Business ID Business Status
CONCORD CASINO Active
(/online/Businesslnquire/TradeNamelnformation? 821615
businesslD=649651)
Trade Name Owned By
Name Title Address
Trademark Information
- - - - - - - - - -- - -
Trademark Number Trademark Name Business Address Mailing Address
No records to view.
Filing History Address History View All Other Addresses Name History Shares
Businesses Linked to Registered Agent Return to Search Back
N Department of State, 07 1 ~ • • r 1 204, Concord, n1 Contact Us
{lonline/ Home/ ContactUS).
© 2022 State of New Hampshire.
Business Name Search 0 Back to Home Vonline)
Business Details
Business Name: CONCORD CASINO Business ID: 821615
Business Type: Trade Name Business Status: Active
Expiration Date: 6/14/2024 Last Renewal Date: Not Available
Business Creation Date: 06/14/2019
Principal Business Office Address: 67 South Main, Concord, NH, 03301, USA Mailing Address: PO Box 2244, Concord, NH, 03302, USA
Principal Purpose
S.No NAICS Code NAICS Subcode
Other Services (except Public Administration) Automotive Exhaust System Repair
Page 1 of 1, records 1 to 1 of 1
Trade Name Information
Business Name Business ID Business Status
Trade Name Owned By
Name Title Address
WIN WIN WIN, LLC (801530) Business Good Standing
Back Filing History Address History View All Other Addresses Return to Search (/online/Businesslnquire/?isStartUpAction=False)
- Department of C:ta,e, 107 Nc"·th St Contact Us U online/ Home/ ContactUS).
<O 2022 State of New Hampshire.
EXHIBIT 5
GOVERNOR ChristopherT. Sununu
CHAIRMAN DebraM. Douglas
COMMISSIONER Paul J. Holloway
COMMISSIONER H. Andy Crews
EXECUTIVE DIRECTffi Charles R. McIntyre
Nearly $2 Billion and COUflting for our Schools
LETTER OF WARNING
February 26, 2021
Anthony Sanborn- Game Operator Employer
Win Win Win, LLC DBA Concord Casino
71 Eagle Drive
Bedford, NH 03110
RE: Concord Lions Club late January of 2021 monthly financial reports
It has come to the attention of the New Hampshire Lottery Commission that the above mentioned
organization has not submitted its Games of Chance Monthly Financial Report for January of 2021
to the Commission as required by RSA 287-D:22 l(a)(b).
RSA 287-D:22 I (a)(b) Financial Reports, Inspections, and Other Records. /. (a)A charitable
organization shall submit a complete financial report for all game dates licensed under RSA 287-
D:4 to the lottery commission on forms approved by the lottery commission within 15 days of the
end ofeach month during which a game ofchance was held. Such report shall be completed by the
treasurer of the charitable organization or a duly authorized officer, director, or official of the
charitable organization who shall certify such accounting under oath; or (bJA licensed primary
game operator under contract to conduct games ofchance on behalfofa charitable organization
shall prepare and submit the financial reports required under subparagraph ( a). In such case the
charitable organization shall not be required to submit such report Such report shall be completed
by the primary game operator who shall certify such accounting under oath.
1. You have 5 business days from the date of this letter to submit the required Games of
Chance Monthly Financial Report to the Commission for the month noted above.
2. You have 15 business days from the date of this letter to submit a written response to
the Commission explaining the corrective action you have taken to comply with the
statute(s) and/or rule(s) as noted above. Failure to do so may result in the initiation
of formal action by the Commission which may include the issuance of administrative
fines, and/or suspension or revocation of the organization's license.
If you have any questions or require additional information regarding this notice, please contact
me at (603) 230-3107.
~Joshua Santos
Administrator of Gaming Operations
joshua.a.santos@lottery.nh.gov
live Free or Die
New Hampshire Lottery Commission 14 lntegra Drive Concord . New Hampshire 03301
TEL 603.271.3391FAX603.271.1160 TDD 1.800.735.2964 www.nhlottery.com
GOVERNOR ChristopherT. Sununu
ry
Nearly $2 Billion and Counting for our School~
CHAIRMAN Debra M. Douglas
COMMISSIONER Paul J. Holloway
COMMISSIONER H. Andy Crews
EXECUTIVE DIRECTCR Chart es R. McIntyre
LETTER OF WARNING
February 26, 2021
Anthony Sanborn- Game Operator Employer
Win Win Win, LLC OBA Concord Casino
71 Eagle Drive
Bedford, NH 03110
RE: Newport Montessori School late January of 2021 monthly financial reports
It has come to the attention of the New Hampshire Lottery Commission that the above mentioned
organization has not submitted its Games of Chance Monthly Financial Report for January of 2021
to the Commission as required by RSA 287-D:22 I(a)(b).
RSA 287-D:22 I (a)(b) Financial Reports, Inspections, and Other Records. /. [a]A charitable
organization shall submit a complete financial report for all game dates licensed under RSA 287-
D:4 to the lottery commission on forms approved by the lottery commission within 15 days of the
end ofeach month during which a game of chance was held. Such report shall be completed by the
treasurer of the charitable organization or a duly authorized officer, director, or official of the
charitable organization who shall certify such accounting under oath; or (bJA licensed primary
game operatorunder contract to conduct games ofchance on behalfofa charitable organization
shall prepare and submit the financial reports required under subparagraph ( a). In such case the
charitable organization shall not be required to submit such report Such report shall be completed
by the primary game operator who shall certify such accounting under oath.
1. You have 5 business days from the date of this letter to submit the required Games of
Chance Monthly Financial Regort to the Commission for the month noted above.
2. You have 15 business days from the date of this letter to submit a written response to
the Commission explaining the corrective action you have taken to comply with the
statute(s) and/or rule(s) as noted above. Failure to do so may result in the initiation
of formal action by the Commission which may include the issuance of administrative
fines, and/or suspension or revocation of the organization's license.
If you have any questions or require additional information regarding this notice, please contact
me at 603) 230-3107.
Joshua Santos
Administrator of Gaming Operations
joshua.a.santos@lottery.nh.gov
( :_·:
~ _,_,~-._~~ ~;~ ::::~i; Lottery Commission 14 lntegra Drive Concord, New Hampshire 03301
<" - TEL 603.271.3391 FAX603.271.1160 TDD 1.800.735.2964 www.nhlottery.com
GOVERNOR ChristopherT. Sununu
NH
Neatly $2 Billion and Counting for our Schools
CHAIRMAN Debra M. Douglas
COMMISSIONER Paul J. Holloway
COMMISSIONER H. Andy Crews
EXECUTIVEDIRECTCR Char1esR. McIntyre
LETTER OF WARNING
February 26, 2021
Anthony Sanborn- Game Operator Employer
Win Win Win, LLC DBA Concord Casino
71 Eagle Drive
Bedford, NH 03110
RE: New Hampshire Alliance for Public Charter Schools late January of 2021 monthly financial
reports
It has come to the attention of the New Hampshire Lottery Commission that the above mentioned
organization has not submitted its Games of Chance Monthly Financial Report for January of2021
to the Commission as required by RSA 287-D:22 I(a)(b).
RSA 287-D:22 I (a)(b) Financial Reports, Inspections, and Other Records. /. (a)A charitable
organization shall submit a complete financial report for all game dates licensed under RSA 287 -
D:4 to the lottery commission on forms approved by the lottery commission within 15 days of the
end ofeach month during which a game ofchance was held. Such report shall be completed by the
treasurer of the charitable organization or a duly authorized officer, director, or official of the
charitable organization who shall certify such accounting under oath; or (b) A licensed primary
game operator under contract to conduct games ofchance on behalfofa charitable organization
shall prepare and submit the financial reports required under subparagraph ( a). In such case the
charitable organization shall not be required to submit such report Such report shall be completed
by the primary game operator who shall certify such accounting under oath.
1. You have 5 business days from the date of this letter to submit the required Games of
Chance Monthly Financial Report to the Commission for the month noted above.
2. You have 15 business days from the date of this letter to submit a written response to
the Commission explaining the corrective action you have taken to comply with the
statute(s) and/or rule(s) as noted above. Failure to do so may result in the initiation
of formal action by the Commission which may include the issuance of administrative
fines, and/or suspension or revocation of the organization's license.
If you have any questions or require additional information regarding this notice, please contact
me at 603 230-3107.
Joshua Santos
Administrator of Gaming Operations
joshua.a.santos@lottery.nh.gov
live Free or Die
New Hampshire Lottery Commission 14 lntegra Drive Concord, New Hampshire 03301
TEL 603.271 .3391
FAX603.271.1160 TDD 1.800.735.2964 www.nhlottery.com
GOVERNOR Christopher T. Sununu
CHAIRMAN Debra M. Douglas
COMMISSIONER Paul J. Holloway
COMMISSIONER H. Andy Crews
EXECUTI VE DIRECTOR Charles R. McIntyre
Nearly $2 Billion and Counting for OLlr Schools
LETTER OF WARNING
August 12, 2021
Anthony Sanborn- Game Operator Employer
Win Win Win, LLC OBA Concord Casino
71 Eagle Drive
Bedford, NH 03110
RE: Charitable organization not prominently displayed on August 9, 2021
On August 9, 2021 , members of the New Hampshire Lottery Commission' s Auditing unit conducted a
site visit in relation to their current audit of your game room, Win Win Win, LLC OBA Concord Casino.
They observed that the bulletin board which lists your sponsored charity, stated "Our Honeymoon Fund"
under the heading of "today's charity". The only other location in the facility where the name of the
charitable organization is displayed is on the actual license. This is in violation of the following
administrative rule:
LOT 7207.03(b)(l)
(b) The charitable organization, or the operator employer hired to act on behalf of the organization,
shall publicly and prominently display the following information:
(1) The name of the licensed charitable organization sponsoring the event;
Subsequent investigation by Investigator Messina found that the charitable organization's name was
removed from the bulletin board and replaced with the above listed message by a non-gaming employee
of your business on August 8, 2021 at approximately 11 :45 PM, and was done by the employee in a
joking manner. Investigator Messina determined that staff noticed the bulletin board did not accurately
reflect the current charity, and changed it on August 9, 2021 at approximately 4:30 PM. Game room
management has communicated that the employee will be disciplined for this action.
The rule exists to notify the public that gaming in New Hampshire exists to partner with and benefit
charity. The conclusion that may have been drawn by your customers, and was drawn by Lottery
Commission staff who observed the infraction, was that the regulation was being mocked. While the
amount of time that passed where this display was publicly visible was only several hours that your
business was open, the fact that this was able to occur indicates that practices and controls that your
game room employs may want to be reconsidered. As the gaming industry in the state expands, the
expectation is that the game rooms will professionalize to meet the challenge and opportunity that comes
with that growth.
If you have any questions or comments regarding this notice, please contact me at (603) 230-3107.
?7
Joshua Santos
Administrator of Gaming Operations
joshua.a.santos@lottery.nh.gov
/:·-r:;,_, Live Free or Die
f.~ ~ New Hampshire Lottery Commission 14 lntegra Drive Concord, New Hampshire 03301
·<:.;, _;:,i TEL 603.271.3391 FAX 603.271.1160 TDD 1.800.735.2964 www.nhlottery.com
EXHIBIT 6
New Hampshire Lottery Commission
INVESTIGATION AND COMPLIANCE DIVISION
14 INTEGRA DRIVE, CONCORD NH 03301
COMMERCIAL BINGO HALL LICENSE
2023
License Number Expiration Date
BH-00054 06/30/2023
Business Information Commercial Hall Information
Win Win Win, LLC Concord Casino
71 Eagle Dr 67 S. Main St
Bedford NH 03110 Concord NH 03301
The New Hampshire Lottery Commission hereby authorizes the operation of Bingo games to be held at the
hall address listed above. This license has been issued pursuant to the provisions of RSA 287-E and the
rules and regulations adopted by the New Hampshire Lottery Commission. All licenses are effective until
the expiration date or until suspended, revoked or cancelled. For general licensing questions, please contact
our office at (603) 271-7613 or email: licensing@lottery.nh.gov
This license must be displayed conspicuously at the hall location address for which it was issued. In no
event shall this license be transferred or assigned.
6/21/2022
Valerie King, Division Director Date
EXHIBIT 7
GOVERNOR ChristopherT. Sununu
CHAIRMAN Debra M. Douglas
NH
N~arly S2 Billion ilnd Counting fOI' OUW" Sdloofs
COMMISSIONER Paul J. Holloway
COMMISSIONER H. Andy Crews
EXECUTIVE DIRECTCR CharlesR. McIntyre
NEW HAMPSHIRE LOTTERY COMMISSION
14 Integra Drive, Concord, NH 03301
Laurie Sanborn- Gaming consultant Notice of Administrative Action
Win, Win, Win LLC Case Lot 20-007
71 Eagle Drive
Bedford, NH 03110 December 29, 2020
I. Introduction
This Notice of Administrative Order is issued by the New Hampshire Lottery Commission (Commission)
to Laurie Sanborn. pursuant to RSA287-E:14, RSA287-E:25-a, Lot 7008 and Lot 7112. The
Commission moves to impose a fme of $10,000, with $5,000 of the fine suspended for one year. This
notice contains important procedural information. Please read the entire notice carefully.
II. Parties
The New Hampshire Lottery Commission is a duly constituted administrative agency of the State of New
Hampshire, having its principal office at 14 Integra Drive Concord, New Hampshire 03301.
Laurie Sanborn acts as the Hall Manager for Win, Win, Win LLC, dba Concord Casino, a licensed
Commercial Bingo Hall. Ms. Sanborn is also licensed as a gaming consultant under contract with The
Greater Manchester Colt League, Inc. to provide services relative to the organizations Bingo and Lucky 7
gaming operations for the period of July 1, 2020 until June 30, 2021.
III. Statement of Fact and Law Supporting Claim
1. RSA 287-E:17 states, ''No person shall sell lucky 7 tickets without a current and valid lucky 7 license
under this chapter."
2. Lot 7103.02(a) states, "In accordance with RSA287-E:l 7, no charitable organization shall sell lucky
7 tickets without possessing a current and valid license issued by the commission in accordance with
RSA287-Eand this chapter."
3. Lot 7003.02(a) states, "Charitable organization shall not hold games of bingo without possessing a
current and valid license issued by the commission in accordance with RSA 287-E and this chapter."
4. RSA 287-E:2, II states in relevant part, "Lucky 7 tickets may be sold at the location specified in the
license issued by the commission, which shall include either, ( c) Lucky 7 tickets sold in conjunction
with bingo games may be sold between the hours of 12 p.m. and 1 a.m. on any licensed game date.
5. Lot 7002.14, states, "Gamingconsultant"means 'gaming consultant' as definedinRSA287-El, VI-
b, namely "any individual or business entity who is hired by or otherwise receives compensation from
a charitable organization to provide gaming related services including consultation, management,
live Free or Die
New Hampshire Lottery Commission 14 lntegra Drive Concord, New Hampshire 03301
TEL 603.271 .3391
FAX603.271.1160 TDD 1.800.735.2964 www.nhlottery.com
Notice ofAdministrative Hearing# 20..()07 Page l 2
RE: Laurie Sanborn Gaming Consultant
December 29, 2020
assistance with the operation of the bingo game or the sale oflucky 7 tickets, record keeping, filing
forms with the commission, advertising, or security and who handles, manages, oversees, or disburses
any of the funds derived from the operation of the charitable games".
6. Lot 7003.03(b), states, "An individual shall be deemed as providing gaming related services when he
or she participate in the management or operation of the charitable gaming event, or handles,
manages, oversees, or disburses any of the funds derived from the operation of the charitable gaming
event."
7. Lot 7003.03(c ), states, "Gaming related services shall include the following: (1) Providing
consultation services; (2) Managing the operation of a bingo event, including: a. Providing direct on-
site supervision of the bingo event; orb. Coordinating volunteers; (3) Participating in the operation
of a bingo event including: a selling bingo papers and supplies; b. Acting as, or providing assistance
to, the ball caller; or c. Determining winners and distributing prizes; ( 4) Providing record keeping
services relative to the bingo event; ( 5) Preparing reports and other forms; ( 6) Developing or
arranging advertising; or (7) Providing security or advertising services for the bingo event."
8. Lot 7103.03(b), states, "An individual shall be deemed as providing gaming related services when he
or she participate in the management or operation of the charitable gaming event, or handles,
manages, oversees, or disburses any of the funds derived from the operation of the charitable gaming
event."
9. Lot 7103.03( c ), states, "Gaming related services shall include the following: (1) Providing
consultation services; (2) Managing the sale of lucky 7 tickets including; a. providing direct on-site
supervision; b. Coordinating volunteers; (3) Participating in the operation oflucky 7 tickets including;
a. Selling lucky 7 tickets; b. Determining winners or distributing prizes; (4) Providing record keeping
services relative to lucky 7; (5) Preparing reports and other forms; (6) Developing or arranging
advertising; and (7) Providing security or advertising services relative to the sale oflucky 7 tickets.
10. On November 12, 2020, New Hampshire Lottery Commission Licensing Unit Supervisor Tonya
Walsh was conducting a regular review of the game schedule for bingo, Lucky 7, and Games of
Chance. She noted that there was no bingo and Lucky 7 charitable organization licensed for the
period between November 9, 2020 and November 16, 2020 at Win, Win, Win, LLC, DBA Concord
Casino. Ms. Walsh noted that this calendar position would typically be filled by The Greater
Manchester Colt League, Inc. based on the regular charity rotation that occurs at that commercial
bingo hall.
11. Ms. Walsh checked all applications manually and via our internal computer licensing system. She
determined that there were no applications submitted for the period between November 9, 2020 and
November 16, 2020 for The Greater Manchester Colt League, Inc. She confirmed that there were no
licenses issued for The Greater Manchester Cott League, Inc. to conduct the sale of bingo or Lucky 7
for any of those dates. Ms. Walsh also confirmed that no other charitable organizations were licensed
to conduct the sale of bingo or Lucky 7 at Win, Win, Win, LLC during that period.
12. On November 12, 2020, Investigator Mario Messina accessed Grover Gaming's online Lucky 7
account sales information for Win, Win, Win, LLC. Grover Gaming is the manufacturer of the
Notice ofAdministrative Hearing# 20-007 Pagel3
RE: Laurie Sanborn Gaming Consultant
December 29, 2020
Electronic Lucky 7 machines that are licensed at Win, Win, Win, LLC. He noted that those records
showed Lucky 7 sales for November 9, 2020, November 10, 2020, and November 11, 2020. The
charitable partner listed for Win, Win, Win, LLC for each of those days was The Greater Manchester
Colt League, Inc.
13. On November 13, 2020 at approximately 4:30 PM, Investigators Messina and Tucker Noack went to
Win, Win, Win, LLC DBA Concord Casino. They observed that all electronic Lucky 7 machines in
the facility were operational and available for play.
14. Investigator Messina informed the Licensed Gaming Consultant, Laurie Sanborn, that no bingo and
Lucky 7 charities had been licensed to play for that day (November 13, 2020), or the dates of
November 9, 2020, November 10, 2020, November 11, 2020 or November 12, 2020. Investigator
Messina reported that Ms. Sanborn advised that she was not aware of that and immediately turned the
Lucky 7 machines off per his request.
15. Subsequent analysis of the Grover Gaming reports for The Greater Manchester Colt League, Inc.
shows Lucky 7 sales on November 12, 2020, a low amount of sales on November 13, 2020 which
appears to correspond with the machines being inactivated per our notice of non-compliance on that
date, and no Lucky 7 sales for November 14, 2020, November 15, 2020 or November 16, 2020.
16. Investigator Messina observed the area where the charity organization's licenses are typically posted.
He noted that there was a license posted for the prior week, November 2, 2020 through November 8,
2020 for Hooksett Kiwanis Club Inc. He observed that there was a license posted for the following
week of November 17, 2020 through November 23, 2020 for CMAR Scholarship Fund, Inc.
Investigator Messina stated that there was no license posted for the week of November 9, 2020
through November 16, 2020 for The Greater Manchester Colt League, or any other charity.
17. Investigator Messina reported this to Ms. Sanborn. She advised him that the responsibility of posting
the licenses was both hers as well as the charity that Win, Win, Win, LLC is hosting.
18. There was no representative of The Greater Manchester Colt League Inc. present at the event, and
Ms. Sanborn attempted to contact someone from the organization via phone.
19. I then reviewed the Standard Form of Agreement for Gaming Consultants between the Greater
Manchester Colt League, Inc. signed by Joseph Blodgett and Win, Win, Win, LLC signed by Laurie
Sanborn that is active between July 1, 2020 and June 30, 2021.
20. Under the "Organization agrees to the following:" section of the contract it is stated, "1. Organization
must hold valid Bingo and Lucky 7 Licenses issued by the New Hampshire Lottery Commission at
the time of all game dates."
21. Under the "Services to be provided" section of the contract it is stated that Laurie Sanborn will
provide the following services: advertising, assisting with gaming operations, consulting, filing
forms/reports, managing gaming funds, managing game operations, record keeping, and security.
22. On November 19, 2020, Investigator Messina went to Win, Win, Win, LLC. Laurie Sanborn
confirmed that their facility hosts bingo on behalf of their licensed organizations every day of the
week.
Notice ofAdministrative Hearing# 20-007 Pagel4
RE: Laurie Sanborn Gaming Consultant
December 29, 2020
23. Lot 7008.0l(a) states that, "Pursuant to RSA287-E:14, and RSA287-E:25, disciplinary measures
available to sanction misconduct shall include: ( 1) Imposition of an administrative order or fme, (2)
Suspension of a license for a period of up to one year, and (3) Revocation of a license.
24. Lot 7112.0l(a) states that, "Pursuant to RSA287-E:14, and RSA287-E:25-a, disciplinary measures
available to sanction misconduct shall include: ( 1) Imposition of an administrative .order or fme, (2)
Suspension of a license for a period of up to one year, and (3) Revocation of a license.
25. Lot 7008.03.(g) states in relevant part, "A 'major violation' means conduct, action or failure to act by
any person, entity, applicant, or licensee that is: (1) Of a nature, quality, or extentto effect or
potentially effect the integrity of the charitable game(s) being conducted; (2) Of a nature, quality or
extent to cause or potentially cause harm to the interest of the state or the charitable organization; (3)
A knowing, willful, or intentional violation; (6) An act that enabled the violator to benefit
economically from the noncompliance.
26. Lot 7112.03(g) states in relevant part, "A 'major violation' means conduct, action or failure to act by
any person, entity, applicant, or licensee that is: (1) Of a nature, quality, or extent to effect or
potentially effect the integrity of the charitable game( s) being conducted; (2) Of a nature, quality or
extent to cause or potentially cause harm to the interest of the state or the charitable organization; (3)
A knowing, willful, or intentional violation; ( 6) An act that enabled the violator to benefit
economically from the noncompliance.
27. Lot 7008.03(h) states in relevant part, "Major violations shall include, but not be limited to: (1)
Establishing, maintaining, operating, or otherwise offering a bingo event without a license or with a
suspended license.
28. Lot 7112.03(h) states in relevant part, "Major violations shall include, but not be limited to: (1)
Establishing, maintaining, operating, or otherwise offering Lucky 7 tickets for sale without a license,
or with a suspended license.
29. Lot 7008.03(i) states, "The commission shall impose a fine ofno less than $1,000, and no more than
$5,000 per violation of each major violation committed by any person, entity, applicant or licensee."
30. Lot 7112.03(i) states, "The commission shall impose a fme of no less than $1,000, and no more than
$5,000 per violation of each major violation committed by any person, entity, applicant or licensee."
IV. Violations Alleged
On November 9, 2020, Laurie Sanborn violated Lot 7003. 02( a) by managing the game operations ofa bingo
event while employed as a gaming consultant by a charity that did not possess a current and valid license
issued by the commission.
On November 9, 2020, Laurie Sanborn violated Lot 7103.02(a) and RSA 287-E:l 7 by managing the sale
of Lucky 7 tickets while employed as a gaming consultant by a charity that did not possess a current and
valid license issued by the commission.
Notice ofAdministrative Hearing# 20-007 Pagel 5
RE: Laurie Sanborn Gaming Consultant
December 29, 2020
On November 10, 2020, Laurie Sanborn violated Lot 7003.02(a) by managing the game operations of a
bingo event while employed as a gaming consultant by a charity that did not possess a current and valid
license issued by the commission.
On November 10, 2020, Laurie Sanborn violated Lot 7103.02(a) and RSA 287-E:l 7 by managing the sale
of Lucky 7 tickets while employed as a gaming consuhant by a charity that did not possess a current and
valid license issu~d by the commission.
On November 11, 2020, Laurie Sanborn violated Lot 7003.02(a) by managing the game operations of a
bingo event while employed as a gaming consultant by a charity that did not possess a current and valid
license issued by the commission.
On November 11, 2020, Laurie Sanborn violated Lot 7103.02(a) and RSA 287-E:l 7 by managing the sale
of Lucky 7 tickets while employed as a gaming consultant by a charity that did not possess a current and
valid license issued by the commission.
On November 12, 2020, Laurie Sanborn violated Lot 7003.02(a) by managing the game operations of a
bingo event while employed as a gaming consultant by a charity that did not possess a current and valid
license issued by the commission.
On November 12, 2020, Laurie Sanborn violated Lot 7103.02(a) and RSA 287-E:17 by managing the sale
of Lucky 7 tickets while employed as a gaming consultant by a charity that did not possess a current and
valid license issued by the commission.
On November 13, 2020, Laurie Sanborn violated Lot 7003.02(a) by managing the game operations of a
bingo event while employed as a gaming consultant by a charity that did not possess a current and valid
license issued by the commission.
On November 13, 2020, Laurie Sanborn violated Lot 7103.02(a) and RSA 287-E:17 by managing the sale
of Lucky 7 tickets while employed as a gaming consultant by a charity that did not possess a current and
valid license issued by the commission.
V. Administrative Fines
Taking the scope and severity of the violations, the Commission has determined that the imposition of a
fine of $1,000 per license type for each date that Bingo and Lucky 7 was played without a license is an
appropriate administrative measure. This consists of the dates of November 9, 2020, November 10, 2020,
November 11, 2020, November 12, 2020 and November 13, 2020. The total fme amount imposed is
$10,000. $5,000 of the fme shall be suspended for a period of one year contingent upon no similar
infractions being committed.
VI. Hearing, Required Response
Laurie Sanborn must complete and return the form on page 7 by January 26, 2021, and either accept the
terms of the fme or request a hearing to contest the decision.
Any person aggrieved by the Commission's decision, may, in addition to any other remedy provided by
law appeal the matter within 30 days of the date of the notice. All hearings are conducted in accordance
with RSA 541-A and SW 200. A hearing to appeal the issuance of a fine is a formal hearing. All hearings
are recorded, and all witnesses testify under oath of affirmation. At a hearing, the Commission will present
testimony and evidence to prove that Laurie Sanborn committed the violation(s) alleged above and that the
administrative action should be imposed. The hearing is an opportunity for the respondents to present
testimony and evidence that Laurie Sanborn did not commit the violation(s) and/or that the action should
not be imposed, or should be reduced.
Notice ofAdministrative Hearing# 20-007 Pagel6
RE: Laurie Sanborn Gaming Consultant
December 29, 2020
Laurie Sanborn is not required to be represented by an attorney. If the organization chooses to be
represented by an attorney, the attorney must file for an appearance and, if a hearing is held, submit
proposed findings of facts to the Commission's hearings officer. Notice can be sent to the Administrator of
Gaming Operations who will schedule the hearing with the hearings officer, and will forward them the
notice of appearance.
If Laurie Sanborn wishes to have a hearing but is unable to attend the hearing as scheduled, the organization
must notify The Commission at least one week in advance of the hearing and request that the hearing be
rescheduled.
Laurie Sanborn may seek an administrative meeting prior to any hearing to discuss an alternative
administrative penalty. Failure to come to an agreement prior to a hearing, does not affectthe organization's
ability to contest the allegations in a subsequent hearing. The organization may contact the Administrator
of Gaming Operations by any of the means listed below to discuss scheduling an administrative meeting.
If Laurie Sanborn chooses to waive the hearing and accept the fme as recommended, she must check the
appropriate line (second section of the form) and submit the completed form to the address noted on the
form. If a response is not received by the date listed above, and after service has been made, it will be
determined that the organization has waived its right to a hearing, and does not contest the decision, and
will res uh in a default judgement. Payment of fine is due 15 days from the date notice is requested, at a date
determined by the hearing officer, or at a time reached through agreement with the Commission.
VII. Determination of Liability for Administrative Fines
In order for any fme or administrative order to be upheld after a hearing, the Commission must prove, by a
preponderance of the evidence, that Laurie Sanborn committed the violation(s) alleged and that the penalty
sought is appropriate under the applicable statute and rules. Proving something by "a preponderance of the
evidence", means that it is more likely than not that the thing sought to be proved is true or has occurred.
If the Commission proves that Laurie Sanborn committed the violation(s) and that the penahy sought is
appropriate under the applicable statute and rules, then the penalty may be imposed.
Joshua Santos
Administrator of Gaming Operations
New Hampshire Lottery Commission
14 Integra Drive
Concord, NH03301
Office: (603) 230-3107
Email: joshua.a.santos@lotterv .nh. gov
Notice ofAdministrative Hearing# 20-007 Page[7
RE: Laurie Sanborn Gaming Consultant
December 29, 2020
***RETURN THIS FORM WITHIN 30 DAYS OF THE DATE ON THIS NOTICE***
CHECK ONE:
APPEARANCE
D On behalf of Laurie Sanborn, I request to have a formal hearing scheduled in this matter.
(If you request a hearing, you may still discuss a possible settlement of the case with
Lottery Personnel.)
OR
WAIYER OF HEARING
D On behalf of Laurie Sanborn, I acknowledge the allegations contained within this Notice
of Administrative Action, and agree to pay the fine amount of $5,000 within 15 days of the
requested return date.
Signature Date
Name:- - - -- - - -- - - - - - - Title:
- - - -- - - - -- - --
Complete Mailing Address: _ _ _ _ __ _ _ _ _ _ _ _ __ __ _ _ _ __ __
Phone:- - - - - -- Fax:_ _ __ _ __ E-mail:
- - - - -- - - -
REI1JRN TIIlS PAGE (ONLY) TO:
Attention: Administrator of Gaming Operations
New Hampshire Lottery Commission
14 Integra Drive
Concord, NH 03301
GOVERNOR Christopher T. Sununu
CHAIRMAN Debra M. Douglas
NHLoltery
N~arly $2 Billion and COltlltill'!J f0I' our Sdlook
COMMISSIONER Erle B. Pierce
COMM ISSIONER H. Andy Crews
EXECUTIVE DIRECTOR Charles R. McIntyre
NEW HAMPSHIRE LOTTERY COMMISSION
14 Integra Drive, Concord, NH 03301
Laurie Sanborn- Gaming Consultant Notice of Administrative Action
Win Win Win, LLC Case Lot 21-017
71 Eagle Drive
Bedford, NH 03110 December 17, 2021
I. Introduction
This Notice of Administrative Order is issued by the New Hampshire Lottery Commission (NHLC) to
Laurie Sanborn. Pursuant to SW 210.01, RSA 287-E:14, RSA 287-E:25-a, Lot 7008, and Lot 7112, The
Commission moves to impose a fine of $4,000.00. This notice contains important procedural information.
Please read the entire notice carefully.
II. Parties
The New Hampshire Lottery Commission is a duly constituted administrative agency of the State of New
Hampshire, having its principal office at 14 Integra Drive Concord, New Hampshire 03301.
Laurie Sanborn is the Hall Manger for Win Win Win, LLC DBA Concord Casino, a licensed Commerical
Bingo Hall. Ms. Sanborn is also licensed as a contracted Gaming Consultant for the Hooksett Youth
Athletic Association, Inc. for the period of September 1, 2021 through September 30, 2022.
III. Statement of Relevant Statutes and Regulations
I. RSA 287-E: 17 states, "No person shall sell lucky 7 tickets without a current and valid lucky 7 license
under this chapter."
2. Lot 7103 .02(a) states, "In accordance with RSA 287-E: 17, no charitable organization shall sell lucky 7
tickets without possessing a current and valid license issued by the commission in accordance with
RSA 287-E and this chapter."
3. Lot 7003 .02(a) states, "Charitable organization shall not hold games of bingo without possessing a
current and valid license issued by the commission in accordance with RSA 287-E and this chapter."
4. Lot 7003.02(f) states, "The charitable organization shall submit a license application and related
documentation to the commission at least 15 days, but no more than 45 days prior to the first bingo
event of the month or year for which the license has been requested."
5. RSA 287-E:2, II states in relevant part, "Lucky 7 tickets may be sold at the location specified in the
license issued by the commission, which shall include either, (c) Lucky 7 tickets sold in conjunction
with bingo games may be sold between the hours of 12 p.m. and 1 a.m. on any licensed game date.
,;i"lJ:.', Live Free or Die
t[~_;-'._·
~---~-~ New Hampshire Lottery Commission 14 lntegra Drive Concord, New Hampshire 03301
~~ TEL 603.271.3391 FAX 603.271.1160 TDD 1.800.735.2964 www.nhlottery.com
Notice ofAdministrative Hearing # 21-017 Page 12
RE: Laurie Sanborn.
December 17, 2021
6. Lot 7002.14, states, "Gaming consultant" means 'gaming consultant' as defined in RSA 287-El, VI-b,
namely "any individual or business entity who is hired by or otherwise receives compensation from a
charitable organization to provide gaming related services including consultation, management,
assistance with the operation of the bingo game or the sale of lucky 7 tickets, record keeping, filing
forms with the commission, advertising, or security and who handles, manages, oversees, or disburses
any of the funds derived from the operation of the charitable games".
7. Lot 7003.03(b), states, "An individual shall be deemed as providing gaming related services when he
or she participate in the management or operation of the charitable gaming event, or handles, manages,
oversees, or disburses any of the funds derived from the operation of the charitable gaming event."
8. Lot 7003.03(c), states, "Gaming related services shall include the following: (1) Providing consultation
services; (2) Managing the operation of a bingo event, including: a. Providing direct on-site supervision
of the bingo event; or b. Coordinating volunteers; (3) Participating in the operation of a bingo event
including: a selling bingo papers and supplies; b. Acting as, or providing assistance to, the ball caller;
or c. Determining winners and distributing prizes; (4) Providing record keeping services relative to the
bingo event; (5) Preparing reports and other forms; (6) Developing or arranging advertising; or (7)
Providing security or advertising services for the bingo event."
9. Lot 7103.03(b), states, "An individual shall be deemed as providing gaming related services when he
or she participate in the management or operation of the charitable gaming event, or handles, manages,
oversees, or disburses any of the funds derived from the operation of the charitable gaming event."
10. Lot 7103.03(c), states, "Gaming related services shall include the following: (1) Providing consultation
services; (2) Managing the sale of lucky 7 tickets including; a. providing direct on-site supervision; b.
Coordinating volunteers; (3) Participating in the operation oflucky 7 tickets including; a. Selling lucky
7 tickets; b. Determining winners or distributing prizes; (4) Providing record keeping services relative
to lucky 7; (5) Preparing reports and other forms; (6) Developing or arranging advertising; and (7)
Providing security or advertising services relative to the sale of lucky 7 tickets."
11. Lot 7004.04(f) states in relevant part, "Licensed charitable organizations shall: (f) For each bingo event,
designate a member of the charitable organization or engage a gaming consultant to act as the gaming
manager who shall be responsible for: (1) Ensuring that the games are conducted in accordance with
RSA 287-E and this chapter;".
12. Lot 7004.07(a) states, "The requirements set forth in Lot 7004.04 above shall apply to the licensed
gaming consultant when the consultant is acting on behalf of the organization per a written agreement."
13. Lot 7004.07(b) states, "In addition to the requirements of (a) above, the licensed gaming consultant
shall provide gaming services in accordance with RSA 287-E, this chapter and the written agreement
with the charitable organization."
14. Lot 7104.04(£) states, "(f) Designate a member of the charitable organization or engage a gaming
consultant to act as the gaming manager who shall be responsible for overseeing the gaming operation
including: (1) Ensuring that the games are conducted in accordance with RSA 287-E and this chapter;".
15. Lot 7104.05(a) states, "The requirements set forth in Lot 7104.04 above shall apply to the licensed
gaming consultant when the consultant is acting on behalf of the organization per a written agreement.
Notice ofAdministrative Hearing # 21-017 Page 13
RE: Laurie Sanborn.
December 17, 2021
16. Lot 7104.0S(b) states, "In addition to the requirements of (a) above, the licensed gaming consultant
shall provide gaming services in accordance with RSA 287°-E, this chapter and its written agreement
with the charitable organization;"
IV. Statement of Relevant Facts
17. On November 22, 2021, NHLC Licensing Unit Supervisor Tonya Walsh was processing licensing
applications. She advised that she observed monthly bingo and monthly Lucky 7 applications for
Hooksett Youth Athletic Association, Inc. (HYAA).
18. The bingo application for that organization contained a game schedule which included the game dates
of November 21, 2021 and November 22, 2021 as dates that the charity intended to play bingo. The
Lucky 7 application noted that it was for the month of November of 2021.
19. Ms. Walsh researched the matter and determined that the application was received via US Mail at
NHLC headquarters on Thursday, November 18, 2021. The mail was processed and prepared for
delivery via messenger mail to the Licensing and Enforcement Division's off-site location on Friday,
November 19, 2021. The application was subsequently received by the licensing unit staff on Monday,
November 22, 2021.
20. Ms. Walsh noted that the applications were both signed by Brian Soucy, who is noted as being the
organization's Chairman, on November 15, 2021.
21. The bingo application listed Tanya Tarbell as the Treasurer of the organization, and provided contact
information for her.
22. The bingo application listed the Gaming Manager as Laurie Sanborn, and noted that she is a member
of the charity. It provided contact information for Ms. Sanborn.
23. Ms. Sanborn is the Commercial Bingo Hall Manager for Win Win Win, LLC OBA Concord Casino.
This is the location where HYAA is currently licensed to conduct Bingo, and the location that the
application was applying to play at.
24. Ms. Sanborn is also licensed by NHLC as a Gaming Consultant for HYAA, in addition to the other
charities that play at Win Win Win, LLC.
25. Ms. Sanborn is listed as a member of the charity in HYAA' s monthly bingo application, received on
November 18, 2021, and as the Gaming Consultant for the organization, per a license issued to her on
August 20, 2021. Due to the fact that acting as a Gaming Consultant is a contractual agreement between
the organization and the individual, Ms. Sanborn was considered to be acting in the capacity of a
Gaming Consultant for HYAA, not as a charity member.
26. Ms. Walsh stated that on November 22, 2021, she attempted to contact Ms. Sanborn via telephone. Ms.
Walsh stated that she left a voicemail message for Ms. Sanborn advising her that Hooksett Youth
Athletic Association is not licensed, and to contact her back.
27. On November 22, 2021, Ms. Sanborn contacted me via phone. She stated that she is now aware that
the charity was not licensed, noted that they (Win Win Win, LLC) are turning off their Lucky 7
machines, noted that the charity is responsible for getting licensed, and stated that she would work with
them to make sure this doesn't happen again.
Notice ofAdministrative Hearing # 21-017 Page 14
RE: Laurie Sanborn.
December 17, 2021
28. I reviewed the Standard Fonn of Agreement for Gaming Consultants. It was executed on August 13,
2021 via signature believed to be Ms. Sanborn's on the behalf of Win Win Win, LLC, and on August
19, 2021 via signature believed to be Brian Soucy' s on behalf of Hooksett Youth Athletic Association,
Inc.
29. Paragraph 1 under the heading, "Organization agrees to the following", states that, "Organization must
hold valid Bingo and Lucky 7 Licenses issued by the New Hampshire Lottery Commission at the time
of all game dates."
30. On 11/22/2021, I requested Investigator Mario Messina access the online Lucky 7 sales records for
Grover Gaming for Hooksett Youth Athletic Association for November 21, 2021 and November 22,
2021. Grover Gaming is the supplier of electronic Lucky 7 machines at Win Win Win, LLC, and NHLC
is authorized to inspect the records in performance of our regulatory duties.
31. Investigator Messina sent a spreadsheet which he had acquired from Grover Gaming' s website. The
information showed that Lucky 7 Sales had been conducted for Hooksett Youth Athletic Association,
Inc. on both November 21, 2021 netting a profit of $923.50, and November 22, 2021 netting a profit of
-$54.40.
V. Authority to Impose Administrative Action
32. Sw 201.01, states, "A hearing shall be commenced by an order of the commission giving notice to the
parties as required by Sw 207 .04 above."
33. Lot 7008.0l(a) states that, "Pursuant to RSA 287-E:14, and RSA 287-E:25, disciplinary measures
available to sanction misconduct shall include: (1) Imposition of an administrative order or fine, (2)
Suspension of a license for a period of up to one year, and (3) Revocation of a license.
34. Lot 7112.0l(a) states that, "Pursuant to RSA 287-E:14, and RSA 287-E:25-a, disciplinary measures
available to sanction misconduct shall include: (1) Imposition of an administrative order or fine, (2)
Suspension of a license for a period of up to one year, and (3) Revocation of a license.
35. Lot 7008.03.(g) states in relevant part, "A 'major violation' means conduct, action or failure to act by
any person, entity, applicant, or licensee that is: (1) Of a nature, quality, or extent to effect or potentially
effect the integrity of the charitable game( s) being conducted; (2) Of a nature, quality or extent to cause
or potentially cause harm to the interest of the state or the charitable organization; (3) A knowing,
willful, or intentional violation; (6) An act that enabled the violator to benefit economically from the
noncompliance.
36. Lot 7112.03(g) states in relevant part, "A 'major violation' means conduct, action or failure to act by
any person, entity, applicant, or licensee that is: (1) Of a nature, quality, or extent to effect or potentially
effect the integrity of the charitable game(s) being conducted; (2) Of a nature, quality or extent to cause
or potentially cause harm to the interest of the state or the charitable organization; (3) A knowing,
willful, or intentional violation; (6) An act that enabled the violator to benefit economically from the
noncompliance.
37. Lot 7008.03(h) states in relevant part, "Major violations shall include, but not be limited to: (1)
Establishing, maintaining, operating, or otherwise offering a bingo event without a license or with a
suspended license.
Notice ofAdministrative Hearing# 21-017 Page 15
RE: Laurie Sanborn.
December 17, 2021
38. Lot 7112.03(h) states in relevant part, "Major violations shall include, but not be limited to: (1)
Establishing, maintaining, operating, or otherwise offering Lucky 7 tickets for sale without a license,
or with a suspended license.
39. Lot 7112.03(j) states in releveant part, "G) In determining the actual amount of a fine, the commission
shall consider: (1) The degree of non-compliance, (2) Prior history of violations of the same or similar
nature, (4) The nature and persistence of the violation,."
40. Lot 7008.03(i) states, "The commission shall impose a fine of no less than $1,000, and no more than
$5,000 per violation of each major violation committed by any person, entity, applicant or licensee."
41. Lot 7112.03(i) states, "The commission shall impose a fine of no less than $1,000, and no more than
$5,000 per violation of each major violation committed by any person, entity, applicant or licensee."
VI. Violations Alleged
On November 21, 2021, Laurie Sanborn violated Lot 7003.02(a), Lot 7004.07(a), and Lot 7004.07(b) by
managing a bingo event in her capacity as Gaming Consultant for Hooksett Youth Athletic Association,
Inc. where said charity did not possess a current and valid Bingo license issued by the commission.
On November 21, 2021, Laurie Sanborn violated Lot 7103.02(a), Lot 7104.05(a), and Lot 7104.05(b) by
managing an event where Lucky 7 tickets were sold in her capacity as Gaming Consultant for Hooksett
Youth Athletic Association, Inc. where said charity did not possess a current and valid Lucky 7 license
issued by the commission.
On November 22, 2021, Laurie Sanborn violated Lot 7003.02(a), Lot 7004.07(a), and Lot 7004.07(b) by
managing a bingo event in her capacity as Gaming Consultant for Hooksett Youth Athletic Association,
Inc. where said charity did not possess a current and valid Bingo license issued by the commission.
On November 22, 2021, Laurie Sanborn violated Lot 7103.02(a), Lot 7104.0S(a), and Lot 7104.05(b) by
managing an event where Lucky 7 tickets were sold in her capacity as Gaming Consultant for Hooksett
Youth Athletic Association, Inc. where said charity did not possess a current and valid Lucky 7 license
issued by the commission.
VII. Penalty Sought
On December 29, 2020, the New Hampshire Lottery Commission initiated case Lot 20-007 against Ms.
Sanborn for violation of Lot 7003.02(a) and Lot 7103.02(a), for managing the bingo and Lucky 7 events of
a charity that did not possess licenses issued by the commission. The violations occurred on Novermber 9,
2021, November 10, 2021, November 11, 2021, November 12, 2021, and November 13, 2021. The case
was settled by agreement on January 12, 2021. Ms. Sanborn and Licensing and Enforecment Division
Director Valerie King upon authority ofNHLC, agreed to a fine of $10,000 which would be suspended for
a period of one year from the date of agreement. The fine would be dismissed after one year if no further
instances of the conduct described in the agreement occurred. Ms. Sanborn agreed that the fine may be
imposed for any future or further instances of acting in the capacity as a gaming consultant to any charity
whereas the charity is not licensed to conduct either bingo or Lucky 7. Motion to impose that suspended
penalty will be forthcoming in additional administrative action.
Taking the degree of non-compliance, prior history of violations of a similar nature, and nature and
persistence of the violations, the Commission has determined that the imposition of a fine of $1,000 per
license type for each date that Bingo and Lucky 7 was played without a license is an appropriate
Notice ofAdministrative Hearing # 21-017 Page I 6
RE: Laurie Sanborn.
December 17, 2021
administrative measure. This consists of the dates of November 21, 2021 and, November 22, 2021. The
total fine amount imposed is $4,000.
VIII. Hearing and Required Response
Laurie Sanborn must complete and return the form on page 8 by January 16, 2022, and either accept the
terms of the fine or request a hearing to contest the decision.
All hearings are conducted in accordance with RSA 541-A and SW 200. A hearing to appeal the issuance
of a fine is a formal hearing. All hearings are recorded, and all witnesses testify under oath of affirmation.
At a hearing, the Commission will present testimony and evidence to prove that Laurie Sanborn committed
the violation(s) alleged above and that the administrative action should be imposed. The hearing is an
opportunity for the respondents to present testimony and evidence that Laurie Sanborn did not commit the
violation(s) and/or that the action should not be imposed, or a fine should be reduced. Any person aggrieved
by the Commission's decision, may, in addition to any other remedy provided by law appeal the matter
within 30 days of the date of the notice of decision.
Laurie Sanborn is not required to be represented by an attorney. If Laurie Sanborn chooses to be represented
by an attorney, the attorney must file a notice of appearance. Notice can be sent to the Administrator of
Gaming Operations who will schedule the hearing with the hearings officer, and will forward them the
notice of appearance.
Any exhibits that Laurie Sanborn wishes to present, and any potential witnesses Laurie Sanborn intends to
call at a hearing, should be submitted to the opposing party at least 5 days prior to the hearing. A brief
summary of what each witness intends to testify to shall accompany the list.
If Laurie Sanborn wishes to have a hearing but is unable to attend the hearing as scheduled, the organization
must notify The Commission at least one week in advance of the hearing and request that the hearing be
rescheduled.
Laurie Sanborn may seek an administrative meeting prior to any hearing to discuss an alternative
administrative penalty. Failure to come to an agreement prior to a hearing, does not affect the organization' s
ability to contest the allegations in a subsequent hearing. The organization may contact the Administrator
of Gaming Operations by any of the means listed below to discuss scheduling an administrative meeting.
If Laurie Sanborn chooses to waive the hearing and accept the fine as recommended, she must check the
appropriate line (second section of the form) and submit the completed form to the address noted on the
form. If a response is not received by the date listed above, and after service has been made, it will be
determined that Laurie Sanborn has waived their right to a hearing, does not contest the decision, and will
result in a default judgement. Payment of fine is due 15 days from the date notice is requested, at a date
determined by the hearing officer, or at a time reached through agreement with the Commission.
Notice ofAdministrative Hearing # 21-017 Page I 7
RE: Laurie Sanborn.
December 17, 2021
IX. Determination of Liability for Administrative Fines
In order for any fine or administrative order to be upheld after a hearing, the Commission must prove, by a
preponderance of the evidence, that Laurie Sanborn committed the violation(s) alleged and that the penalty
sought is appropriate under the applicable statute and rules. Proving something by "a preponderance of the
evidence", means that it is more likely than not that the thing sought to be proved is true or has occurred.
If the Commission proves that Laurie Sanborn committed the violation(s) and that the penalty sought is
appropriate under the applicable statute and rules, then the penalty may be imposed.
Joshua Santos
Administrator of Gaming Operations
New Hampshire Lottery Commission
14 Integra Drive
Concord, NH 03301
Office: (603) 230-3107
Email: j oshua.a.santos@lotterv .nh. gov
Notice ofAdministrative Hearing # 21-017 Page I 8
RE: Laurie Sanborn.
December 17, 2021
***RETURN THIS FORM WITHIN 30 DAYS OF THE DATE ON THIS NOTICE***
CHECK ONE:
APPEARANCE
D On behalf of Laurie Sanborn, I request to have a formal hearing scheduled in this matter.
(If you request a hearing, you may still discuss a possible settlement of the case with
Lottery Personnel.)
OR
WAIVER OF HEARING
D On behalf of Laurie Sanborn, I acknowledge the allegations contained within this Notice
of Administrative Action, and agree to pay the fine amount of $4,000 within 15 days of the
requested return date.
Signature Date
Name:- - - - - - - - - - - - - - - - Title: - - - - - - - - - - - - -
Complete Mailing Address:_ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Phone:- - - - - - - Fax:- - - - - - - - E-mail:
---------
RETURN THIS PAGE (ONLY) TO:
Attention: Administrator of Gaming Operations
New Hampshire Lottery Commission
14 Integra Drive
Concord,NH 03301
EXHIBIT 8
w•.u;Nu;tChlisiophsr T.. Sununu
,;r'J.,l!;W,li Del:l,3 M. Oougla1
CC~,ll.~iSStOJ,£R E."le a. Piema
co:,Mss1m~ H. A.'ldy Crews
-~::,,M,D!Fk.""C'f~ Charles R Mcln~
Agreement and Reso.lution of Administrative Action of Cases Lot 20-;007 and Lot 21..017
This agreement (Agreement) is made and.entered into by and between the New Hampshire Lottery
Commission, Division ofInvestigation and Compliance (Commission) and Laurie Sanborn. (Respondent). Th~
Co.r:nmis~ion andllespondentare collectively referred to as the Parties,
WHEREAS; the Commission is the state agency responsible for ensuring compliance with the laws and
regulations relating to bingo and Lucky 7;
WBERAS, Laurie Sanborn is a licensed gaming consultant for the Hooksett Youth .Athletic Association,
Inc. and thehallmanager of the Win. Win Win, LLC Co1I1ntercial Bingo Ha11;
WHERAS. 011 December 29, 2020, the Commission issued a Notice of Administrative Action in Case
No. Lot 20--007 (Notice of Administrative Action of Case. Lot 20..007) to the Respondent alleging violations of
New ffampshiregaming statutes and regulations, and moved to impose,a.fine of ~10,000 upon the Respondent;
\VHERAS. on 'Jammry 12, 2021, the Parties agreed (AgreementofCase Lot 20-007) to suspend the fine
.of $1-Q,OOO for a period of one year pending no further violation of 1he conduct alleged ·in the Notice of
Administrative Action of Case Lot 20-007;
WHEREAS, 011 December 17, 2021, the Commission -issued a ,subsequent Notice of Administrative
Action regarding Case No. Lot 21-017 (Notice of Administrative Action of Case.Lot 21-017) to the Respondent
alleging -violations of New Hampshire gaming statutes and regulations, and moved to impose a fine of $4,000
upon theRespondent;
WHERAS, onDecember 17, 2021 the Commission moved to impose the suspended fine in Case No; Lot
20-007 {Motion to Impose Case Lot 20--007);
WHEREAS, the Parties wish to resolve all ofthe allegations against the Respondentraised in the Notices
of Administrative Action;
NOW THEREFORE, in consideration of the mutual promises set forth berein, :the Parties agree as
follows:
1. The Respondent acknowledges that onNovember2l. 2021~ she violated Lot 7003.02(a}; Lot7004;07(a),
tot 7004.07(b), by acting in her capacity as gaming consultant for the Hooksett Youth Athletic
Association, Inc:., was responsible for themanagementofa bingo eventwheresaidcharitydidnot~ess
a cttI:rent and valid bingo .license i5$Ued by the Commission.
2. The Respondent acknowledges that on November 21. 2021_, she violated Lot 7103.02(a),
Lot7104.05(a). Lot7104.05(b). by acting inhe.r capacity as gaming consultant for the Hooksett Youth
Athletic Association, Inc., was responsible for the management of an event.where Lucky 7 tickets w~re
soldwhere' said charity diq not possess a current and valid. Lucky 7 license-jssucd by the Commission.
3. The Respondent agrees to pay to the Commission as a fine, the sum oi one thousand dollars and no cents
($l~OOO;OO). This amount shall be made payable to the Treasurer Q{ the State of New Hampshire withln
thirty(30) days, of the execution ofth:e Agreement.
vH Lcu.:ry Comm;j,il•n and L:rnrie Sanb(lrn
S.;:tkl.ll~ll Ai:m:.cm.:nl
.(::se Loi 2Q~00j
Cai<e Loi 21-0.JJ
4. The respondent agrees to p«iSent a written plan docwnenting how she will comply with the regulations
agreed to have been violated in paragraphs 1 and 2 of the Agreement.
5_ TheCotnmission. agrees tbat so long as the R~ndentcomplics with the conditions .ofthe Agteement,
0
no further admimstrative or legal action shall be brought by the Commission in regards to activities
identifiedinthe Notice of Administrative Action of CaseLot.21-017.
6. The Commission agrees that so long as the Respondent complies with the conditions ofthe Agreement,
it will withdraw the Motion to Impose Case Lot 20-007.
7. The~ion agrees that so long as the Respondent complies with the conditions of the Agreement,
the period of required compliance to give tise to dismissal of the .suspended fine in the Agreement of
CaseLot20-007•.is deemc4.to have occurred, and Case Lot20-007 will. be.considered resolved.
8. The.Respondent .understarids that her ac1ionin ent~ng into this· Agreement is a final act and not subject
10 reconsideration or judicial review'or appeal
9. The Respondent has had the opportunity to seek and obtain the advice ofan attorney ofher choosing in
co1J11ection·withher ~ision to enterintothis agreement.
10. The Respo~dentisnot under the influence of 8llY drugs or alcohol at the time she signs the Agreement.
1l. The Respondent certifies that she has ·read this Agreement. The Respondent understands that she has the
right to a fonnal adjudicatory hearing concerning this matter and that at said hearing she would possess
the rights to confront and cross-examine witnesse.s, to .call witnesses, to present evidence, to testify on
her own be~ to contest the allegations, to pn:sent oral argument. and to appeal the decision: Further;
the Respondent fully understands the nature, qualities, and dimensions of these rights. The Respondent
'1.lldcrstands that by signing this ~ement, sh& ,,v;ii:vcs the~e.rlght-<t as they pertain to the mh;conduct
described herein.
12. This agreement:may be executed in two or more counterparts, each ofwhich.shall be deemed an original,
but all of whicb together shall constitute one and the same document.
13. This agreement may be electronically sigoeq, and that any electronic, signatures appearing on this.
Agreement will be considered the ·~ as handwritten signatures for the purposes of validity,
enforceability, and admissibility.
14, This agreement shall be considered effective on the date it is ~ecuted by all Parties.
(Signature Page Follows)
2
~H Lt1t1~ry c ....mmhl:r.n .u:d L:;:;.:~ ~-n\>t,m
Scttl,m;..;m A.;r~,:m~r.1
Ca,e lot .20-M7
C:nc T.1>t 21-0J7
Daie '
C . .· cer
New Hampshire Lottery Commission.
3
EXHIBIT9
New Hampshire Lottery Commission
Win Win Win, LLC OBA Concord Casino Audit Report
Audit Period: December 1, 2020 through February 28, 2021
September 22, 2021
Transmittal Letter
September 22, 2021
Charlie McIntyre, Director
NH Lottery Commission (NHLC)
14 lntegra Drive
Concord, NH 03301
Dear Director McIntyre:
This letter transmits the audit report of Win Win Win, LLC OBA Concord Casino, games of chance (GOC}
activities for the audit period December 1, 2020 through February 28, 2021. The audit was conducted by
members of the NHLC audit team pursuant to the authority granted by 287-D and Lot 7200.
The focus of the audit was to obtain reasonable assurance that games of chance activities were conducted
in accordance with State rules and regulations, the resulting revenues and expenses generated from such
activities were properly reported to the NHLC, taxes and fees due were properly remitted to the State,
charitable organizations received their proper allocations and the game room retained its proper share of
gaming proceeds.
Concord Casino management was cooperative throughout the audit and consistently expressed a desire
to remediate issues identified by the NHLC Audit team. There were periods during the audit that
requested information was not received timely, which extended the overall audit timeline.
Detailed observations, recommendations, and auditee responses regarding eight specific areas of non-
compliance are included in the attached audit report.
Sincerely,
Leila McDonough
Audit Supervisor
Cc: John Conforti, Chief Compliance Officer
Cc: Valerie King, Director Licensing & Enforcement
New Hampshire Lottery Commission
Win Win Win, LLC Audit Report
Audit Period: December 1, 2020 - February 28, 2021
General Information:
Legal Name: Win Win Win, LLC
DBA: Concord Casino (CC)
Game Operator Employer (GOE): Anthony Sanborn
Games of Chance (GOC) activity reported to the NHLC for the audit period:
Tournaments Gross Revenue $48,225
Tournaments Net Revenue 16,319
Cash Poker 17,041
Table/Pit Games 122,742
35% Charity Allocation $54,636
State Tax $15,425
Audit Objective:
To determine if the game room, in accordance with all applicable State of New Hampshire statutes and
administrative rules accurately and appropriately:
• Computed, reported, and submitted GOC Monthly Financial Reports {MFRs) and taxes to the
NHLC.
• Computed and timely submitted the charitable organizations' share of gaming proceeds.
• Adhered to internal control procedures that properly captured and documented GOC
transactions.
Audit Scope and Methodology:
The audit scope was limited to GOC activities conducted by the GOE for the period December 1, 2020
through February 28, 2021. Audit procedures were performed to obtain an understanding of the internal
controls over gaming operations and to determine adherence to recordkeeping and reporting
requirements.
Through inspection, observation and inquiry, auditors performed the following procedures:
• Reviewed State statutes and administrative rules applicable to GOC.
• Obtained an understanding of the internal control environment to determine areas of risk.
• Performed onsite fieldwork and held meetings with staff to observe and inquire about GOC
operations.
• Reviewed source documents including daily transaction records, financial statements, bank
statements, and other documents submitted by the GOE.
• Reviewed and tested MFRs submitted by the GOE to ensure compliance with all State of New
Hampshire statutes and administrative rules applicable to GOC.
Page I of 10
New Hampshire Lottery Commission
Win Win Win, LLC DBA Concord Casino
Audit Period: December 1, 2020 through February 28, 2021
OBSERVATIONS, RECOMMENDATIONS, AND AUDITEE RESPONSES:
Observation #1: Inaccuracies in Monthly Financial Reporting
The observation regarding inaccuracies in Monthly Financial Reporting (MFR} is related to compliance
with Lot 7208.02(b)(2) "Financial records are complete, accurate and reliable".
An analysis of the MFRs and source documentation was conducted to determine whether charity allocations
and state taxes were properly calculated, reported, and submitted. Auditors identified sixty-six variances
in the MFR reporting versus source documentation for the audit period.
The following types of variances were identified:
• Reported revenue for table games (i.e. games without rake) included daily variances rather
than actual daily win or loss.
• Tournament revenues not reported on date revenue was earned per source documentation.
• Tournament prizes inaccurately reported.
• Variances related to transcription errors and miscalculations.
Overall, there were eighty-five identifiable variances:
• 78% of the variances resulted from MFR reporting inaccuracies;
• 20% of the variances resulted from errors in transcribing information;
• 2% of the variances resulted from miscalculations.
The largest overage was equal to $1100 and the largest shortage was equal to $204. The errors resulted
in over/under reporting of revenue on several dates; the net of all variances resulted in overpayments to
charities.
Accurate calculation, recording and accounting of transactions is critical for proper reporting to the State
and for accurate distribution of gaming proceeds to charities.
Recommendation:
To comply with Lot 7208.02(b)(2), implement steps to verify the accuracy of amounts owed to the State
and to charities. Discontinue the practice of including chip walk or room overages/shortages in monthly
reports submitted to the NHLC.
Auditee Response:
This is a perfect example of Win Win Win and the Commission seeing responsibilities in different lenses.
I do not believe either is wrong, just a difference in how we have (or should be) accounting for daily
operations.
Since we opened, we have felt strongly that accounting for potential "Chip Walk" was an important
component of insuring good financial operations and including it in our reporting was imperative.
Knowing this is a "cash" business, anyone bringing in chips, previously walked out with, or leaving
without cashing out, affects net cash at the end of the night. As such, we included the influence of chip
walk in our daily results.
Page 2 of 10
New Hampshire Lottery Commission
Win Win Win, LLC OBA Concord Casino
Audit Period: December 1, 2020 through February 28, 2021
Only now do we know, the Commission does not want us to include this component in the daily financial
results and we have adjusted our daily and monthly reporting to accommodate this position as to be
aligned with desires of the Audit team. So we consider this observation fixed.
As to Transcribing issues, while I would love to blame our local education system, and clearly many on
my staff are perfect examples of "good at math but bad at writing", we have and continue to have
conversations and education with our staff regarding to their handwriting skills. I agree, their
handwriting on source documents is bad and I am constantly re-enforcing the need for better
handwriting ...
Additionally, we have modified our monthly reporting to exclude the daily variance in the chip
bank and report based on the actuals from the gaming proceeds. We have also created a spreadsheet to
track the daily chip shortage/overage.
NHLC Rejoinder:
The NHLC agrees that tracking chip walk is a critical aspect of a game room's operation. The concern
relates specifically to the chip variances' impact on the charities' portion of the gaming proceeds. By
incorporating chip walk into the daily revenue calculation, one charity may be overpaid while another
charity is underpaid. This occurs when, for example, a patron leaves with chips from a game date hosted
by Charity A, and returns to cash in the chips on a game date hosted by Charity B.
While chip walk must be tracked, it must not be incorporated into the revenue calculation for Monthly
Financial Reporting to the NHLC, nor should it impact a charity's gaming proceeds.
Observation #2: Lack of Prominent Display of Charity
The observation regarding lack of prominent display of charity is related to compliance with Lot 7207.03
(b)(l), "The charitable organization or the operator employer hired to act on behalf of the organization,
shall publicly and prominently display... the name of the licensed charitable organization sponsoring the
event".
During the site visit conducted on May 11, 2021, auditors were unable to locate the requisite charity
display in the tournament room, which is located on the third floor of the building. In the central gaming
area located on the lower level of the building, auditors observed the name of a charity on a whiteboard;
however, the charity displayed was not the charity licensed for that day.
Recommendation:
To comply with Lot 7207.03(b)(l), publicly and prominently display the name of the sponsoring
charitable organization in the immediate gaming areas.
Auditee Response:
We became aware of an issue, where one of our restaurant employees changed the name of our Charity
to "supporting her marriage fund." While this was clearly in jest and the first time this has occurred at
our establishment, we took the appropriate educational action with that and all of our employees and
are confident she will refrain from such action in the future.
Of note, however, we would appreciate an on the spot, immediate conversation with any Lottery
employee who sees something amiss so we can fix it right away, rather than only hearing about it days
later, to our complete surprise. Working together collaboratively to ensure the best experience with our
customers/charities and the State is important to us, so hearing a Lottery employee was in our
Page 3 of 10
New Hampshire Lottery Commission
Win Win Win, LLC DBA Concord Casino
Audit Period: December 1, 2020 through February 28, 2021
establishment, took a picture and left to report it, without saying anything is not in the spirit of how we
or the Lottery commission has been operating.
NHLC Rejoinder:
During a site visit and prior to the event noted above, NHLC auditors had immediately addressed an
issue with the GOE regarding that day's charity display. The charity posted in the room was incorrect
and did not match the license displayed. Subsequently, auditors returned to the room and found a
display which noted the charity name as "Our Honeymoon Fund" with a palm tree drawn next to it.
Auditors noted the sign and immediately reported the incident to the NHLC's Enforcement team.
Investigator Messina promptly visited Concord Casino to investigate and learned that a server in the
restaurant had changed the display the evening prior to the auditors' site visit.
It is the responsibility of the GOE to ensure, as part of the room's opening procedures, that the proper
charity is prominently displayed in the room on each gaming date.
Observation #3: Lack of Evidence of Dual Control for Revisions to Documentation
The observation regarding lack of evidence of dual control for revisions to documents is related to
compliance with Lot 7208.0l(e), "All licensees shall create, prepare and maintain accurate and reliable
business and accounting records that are secured from theft, loss, or destruction."
Overall, Concord Casino demonstrated consistent adherence to dual control procedures involving the
handling of cash and cash equivalent transactions; however, during the review of CC's documentation,
auditors noted revisions made to transactions without initials, signatures, or explanation. The
modification of source documents without accountability exposes the game room to potential fraudulent
activity and does not meet minimum internal control requirements.
Open, fill, close slips and rake sheets were reviewed to confirm dual control procedures were followed.
The following deficiencies on numerous documents were identified:
• Revisions made without initials or signature
• Revisions made without explanation
Recommendation
To comply with Lot 7208.0l(e), review GOC processes and implement measures to mitigate the risk of
error or fraud. Communicate the importance of dual control over modifications to source documentation
to all licensed GOC staff.
Auditee Response:
We are thankful that the Audit team recognizes and commented positively on the effort and consistency
we at Concord Casino have continued to put in to insure we have great dual control of all cash
operations and accounting for chips/transactions.
As an operator, we require our team to document all of our transactions on at least 2 (sometimes 3)
different documents as to allow us, if needed, to cross check, internally audit and re-verify transactions
if needed.
Its important to note, we operate recognizing all of our hand written documentation are "work papers"
and our final inputting of all transactions onto a computer sheet as the closing/source document. It did
Page 4 of 10
New Hampshire Lottery Commission
Win Win Win, LLC DBA Concord Casino
Audit Period: December 1, 2020 through February 28, 2021
come to a surprise that the Audit team considers our work papers as the only "source document" and
the baseline for their review. We will adjust how we recognize going forward.
In regard to finding and creating adjustments to work paper or source documents, we are proud to say
that one of our primary Red Badge managers and is also Director of Finance for one of the largest
manufactures in the State of New Hampshire, who is responsible for audits for this publicly traded
company. As owner, my background is in finance and banking, so we do have a high level of comfort
regarding finance.
As such, we both have operated for decades using a cross through and modification method to
revisions.
The Audit team at Lottery has asked us to consider work papers as sole source documents and both dual
sign and provide additional signatures and explanation on revisions and we have begun operating in this
way per their request.
NHLC Rejoinder:
The NHLC thoroughly analyzes all documentation used by the game room in the preparation of the
Monthly Financial Reports submitted to the Commission; however, for the purposes of assessing the
adequacy of dual control over cash and cash equivalents, the most appropriate type of evidence is found
on source documents signed by floor managers, dealers, and cashiers throughout the gaming date. This
would include open, close, fill and credit slips as well as drop and rake count forms. The electronic
spreadsheets, although useful to review calculations or provide clarity on illegible handwritten
documents, does not evidence dual control as one employee can easily enter another's initials on a
spreadsheet, without differentiation. Until such time that the game room utilizes an electronic system
that allows employees to electronically sign a document, without the ability of another to subsequently
modify the entry, NHLC will continue to review source documentation that has been manually signed.
This is a standard auditing practice utilized by CPAs for compliance as well as financial statement audits
of public companies.
Regarding the finding of dual control over revisions, as previously noted, multiple revisions were made
to source documentation without the benefit of initials/signatures adjacent to the modifications. The
purpose of dual control is to evidence that, at least two individuals have observed and counted the cash
or cash equivalents that will be included in the revenue calculations for the game room. If a
modification is made subsequent to the individuals signing the original document and no evidence, in
the form of initials next to the changes, is observed, auditors have no ability to confirm if an erroneous
change was made. Although it is acceptable to make a revision to a source document, the proper way to
make that change is to line through the incorrect amount, enter the correct amount, then have one or
more staff initial next to the changes. If the overall amount of the document has changed, two sets of
initials should be present next to the changes.
Observation# 4: Inadequate and/or Insufficient Source Documentation
The observation regarding inadequate and/or insufficient source documentation is related to Lot
7206.08(b}(2) "Financial records are complete, accurate, and reliable;" and Lot 7206.08(b)(4)
"Transactions are recorded adequately to permit proper reporting of gaming revenue and of fees and
taxes, and to maintain accountability for assets;"
Page 5 of 10
New Hampshire Lottery Commission
Win Win Win, LLC DBA Concord Casino
Audit Period: December 1, 2020 through February 28, 2021
Auditors noted multiple instances of insufficient information on source documents. Improper
recordkeeping and monitoring of cash exposes the game room to fraudulent activity. Inaccurate
information ultimately affects monthly financial reporting, tax payments to the State of New Hampshire,
and allocations to charity.
Deficiencies on various forms include omission of date, time and total, revisions made without explanation
or initials, and illegible handwriting. Promotional rake slips and supporting documentation were missing
70% of the time for the month of December. Opened table games without play were missing closing
bankroll slips.
Tournament source documentation was incomplete and due to mislabeled and unclear re-buy tracking
slips, auditors were unable to confirm amounts recorded on the electronic spreadsheets provided.
Deficiencies in tournament reporting include:
• No documentation for prize payouts (i.e. name of winner and amount of prize)
• No documentation of bounty prize winners
Due to the above noted reporting deficiencies, auditors were unable to verify compliance with Lot
7207.04(e)(6) "prizes shall not be awarded to more than 50 percent of the players that have registered
into the tournament". While tournament source documentation did reveal calculated total prizes, it did
not clearly list individual winners and prize amounts, including bounty prizes; consequently, auditors were
unable to confirm that 50% or less of registered players received prizes.
Per RSA 287-D:14,Xll(b) "Prizes of $500 or more shall be paid by check". Tournament source
documentation noted prizes of $500 or more had been paid; however, no evidence was provided to verify
that the prizes were paid by check. On the dates bounty prizes were offered, source documentation did
not detail individual prize winners along with the corresponding prize amounts; therefore, auditors were
unable to verify whether there were additional prizes of $500 or more that should have been paid by
check. Check images were provided with source documentation for 2 of the 11 days that prizes of $500
or greater were reported.
Recommendation:
To comply with Lot 7206.08(b)(2) and Lot 7206.08(b)(4), review overall GOC operations and develop a
process for reporting and monitoring errors and exceptions. To comply with RSA 287-D:14 XXll(b) and
Lot 7207.04(e)(6), revise processes to ensure all individual prize winners and prize amounts are reported
in detail, inclusive of bounties. Verify that prizes are not awarded to more than 50% of tournament
players. Pay all promotional and tournament prizes of $500.00 or more by check.
Auditee Response:
We all know that old saying, "You've come a long way" and Observation #4 hits the nail on the
head. We only started offering Tournament play in December and clearly it took us a bit of time to
better understand the processes and procedures. By Mid-January we were getting on track and can
report we are and have been complying with our understanding of procedures for months. Yet clearly,
December was a learning month and it showed.
Acknowledging an observation above, we continue to work with our staff to better document slips, with
legible handwriting.
Page 6 of 10
New Hampshire Lottery Commission
Win Win Win, LLC DBA Concord Casino
Audit Period: December 1, 2020 through February 28, 2021
Concerning the 50% or less payout provision, this is an open item which we need to discuss with the
Commission and Auditing team. Globally we are confident we do not violate the rule on paying out over
50% of the drop in prizes, but we also recognize there could be need for clarification on Bounty
Tournaments and are asking the Commission to help assist us in reviewing it.
We, along with many other operators offer a Bounty Tournaments, where players are rewarded with
chips when they eliminate another player, and being our tournaments tend to be smaller in size (under
20 players), there exists the potential for one half of the players to "bounty out" the other half. But, we
recognize these "Bounty" rewards are side bets and not the primary prize money.
We will work with the Commission to determine how best to solve this riddle.
On other parts of the observation, we have enforced the populating the date, time on all the cash drops.
Regarding tournaments we have increased our reporting on adding player names to the documents to
easier track. We are not tracking every winner for each tournament unless the prize is over $499, which
we have the name on the check. We will create a file that will track the checks issued, name and
amount, for all tournament/cash checks issued in the amounts greater than $499. Bounty tournaments
we will track bounty winners and prize winners for the remaining part of the year to validate that we
have not awarded prizes to more than 50% of the playing field.
NHLC Rejoinder:
It is clearly stated in the Games of Chance Administrative Rules that tournament prizes may not be paid
to more than 50% of the players participating in the tournament. Funds collected from players may
include buy-ins, rebuys, add-ons and bounties. All of these items are included in revenue and all are
included in prizes paid to players. Regardless of the name given to funds collected and prizes paid,
certain rules must be adhered to including limiting the prizes paid to 50% or less of players. While the
NHLC understands the need for GOEs to be creative in their offerings, such creativity must be done
within the confines of the rules as written.
A recommendation is to offer a bounty on one, perhaps highly skilled player so the bounty related
portion of the prize is paid to one player; conversely, individual bounty chips may be utilized with
tracking to ensure the maximum number of winners is not exceeded.
Regarding the tracking of prize winners, NH law and rule states documentation must be kept for all prize
payouts, regardless of amount. Verification of compliance with the number of prizes paid cannot be
accomplished without a complete list of prize winners and amounts.
Observation #5: Charity Rental Rates Appear to be Based on Revenue
The observation regarding charity rental rates is related to RSA 287-D:19ll(b), "If a game operator
employer charges rent, such charge shall be by written agreement and shall be a fixed payment, not based
on a percentage of what the charitable organization receives from the game of chance, and shall reflect
fair rental value of the property for any use, not only as a place to hold a game of chance".
An analysis of actual rents charged to charities versus the agreed upon rent reflected in the written
contracts identified several variances. The contractual rent of $500 per game date was often reduced and
seemed to reflect a consistent percentage of gaming revenue; rents actually charged were approximately
17% of gaming revenue reported on the MFR.
Page 7 of 10
New Hampshire Lottery Commission
Win Win Win, LLC OBA Concord Casino
Audit Period: December 1, 2020 through February 28, 2021
It is noted that the rent modifications were always a reduction to the amount per the written contract;
however, it must also be noted that rental charges based on a percentage of gaming revenue is prohibited
by statute.
Recommendation:
To comply with RSA 287-D:19,ll(b), a fair and equitable rental rate for all charities should be determined
and reflected in the written charity agreement. Rents charged to charities should not be based on a
percentage of gaming proceeds.
Auditee Response:
Like all other rooms, Concord Casino operates with a standard, Lottery approved rental agreement
outlining terms and conditions for play during an event, and this agreement includes a standard flat
daily rental fee.
Being we at Concord Casino embrace the concept of raising money for Charity and doing the "right
thing," we have an internal position where we will ensure that the Charity's net after tax donation
should never be less than 50% of what the Casino realizes in rental income.
Being a smaller room, often times our net hold does not provide significant income and in those cases
where an event sees minimal income, we adjust the amount of rent charged down, to insure we are true
to our cause of supporting Charities.
This is not done on a percentage basis, but an individual case by case basis, to insure the Charity
receives in excess of 50% of the net amount raised by play in the Casino.
Extending the decimal place will demonstrate the amount is not a consistent percentage basis, as to
ensure we comply with existing statute.
NHLC Rejoinder:
As noted in the preliminary audit report, the NHLC acknowledges the GOE frequently reduced the
amount of the rent charged to charities; however, given the amount of times an amount less than the
contractual amount of $500 was actually charged, a reassessment of the rental value may be in order.
Whether by design or coincidence, when NHLC staff analyzed the rents charged to the charities vs. the
gaming revenue, in whole percentages, the amount consistently equaled 17%.
Observation #6: Inadequate Financial Statements Submitted for Audit
The observation regarding inadequate financial statements submitted for audit is related to Lot
7206.0S(e) "General accounting records shall consist of controls established to safeguard assets and
ensure accurate and complete records of all transactions pertaining to gaming revenue and activities of
operational accountability that: Record gaming activity transactions in an accounting system to identify
and track all revenues, expenses, assets, and liabilities; Produce financial statements to include, at a
minimum, an income statement and a balance sheet; Produce appropriate subsidiary ledgers to support
the balance sheet; Inventory and safeguard assets; Prepare, review, and maintain accurate financial
statements; Prepare minimum bankroll calculations in accordance with Lot 7207.04(p); and Maintain and
preserve all financial books, records, and relevant supporting documentation".
At the commencement of the GOC audit, a document request list was provided to the GOE by audit staff.
The minimum required financial statements per Lot 7206.0S(e) were requested. CC's GOE had difficulty
Page 8 of 10
New Hampshire Lottery Commission
Win Win Win, LLC DBA Concord Casino
Audit Period: December 1, 2020 through February 28, 2021
providing the documents and acknowledged that neither a balance sheet nor an income statement are
prepared for the LLC on a regular basis. Throughout the audit, staff requested corrected income
statements and balance sheets for the periods under audit. Eventually, the GOE sought the assistance of
an accountant and high level balance sheets were provided to the audit team; however, staff were unable
to trace the flow of net income/loss from the income statements provided to the balance sheets provided
for the same period. Further, the GOE was unable to produce subsidiary ledgers, other than a handwritten
check register. On the income statements provided, payments made to credit card companies were
recorded as expenses rather than the actual expenses that were charged to the credit card.
The ability to properly track revenues, expenses, assets and liabilities is critical to preparing accurate
financial reports and is a requirement of GOC statute and administrative rules.
Recommendation:
Implement an accounting system to track financial activity. Prepare periodic financial statements to
include, at a minimum a balance sheet and income statement.
Auditee Response:
NH Lot 7206,(8,)(e)2 provides "Produce financial statements to include, at a minimum, an income
statement and a balance sheet;"
Under this rule, we did not see, nor were we aware a requirement to also provide financial statements
on a monthly basis, nor did we see under this Lot a requirement of cash flows, equity positions, and
other such financial information requested by the Audit team.
While we have been operating using a standard One-Write Check System, used by millions of small
businesses across the Country, we respect the Audit Teams' request to institute a more substantial
accounting system to provide the information above. We are working with our Accountants presently to
accomplish this
NHLC Rejoinder:
It is incumbent upon the GOE to review and understand the rules associated with games of chance. The
rules clearly outline the requirement to have an accounting system that can provide a balance sheet,
income statement, subsidiary ledgers and other pieces of financial information that are critical to
running a business. Further, it is the GOE's responsibility to, at the NHLC's request, provide information
in support of the Monthly Financial Reports submitted to the Commission on a monthly basis.
Auditor's Notes:
Inadequate Written Internal Controls
NHLCs' audit procedures include a review of the licensee's written internal controls to determine if they
are in compliance with Lot 7206.08. Upon review, it was determined that several of the controls were
missing or were inadequate in description and/or explanation. Notable items identified include, but are
not limited to:
• Accounting/Finance policies and procedures
• Exception/variance resolution and reporting
• Emergency planning and procedures
• Tournament system for tracking buy-ins and re-buys
• Procedures related to handling of player-funds
Page 9 of 10
New Hampshire Lottery Commission
Win Win Win, LLC DBA Concord Casino
Audit Period: December 1, 2020 through February 28, 2021
On April 16, 2021, the NHLC provided all GOEs with guidance on assessing controls and writing internal
control documents. It is the NHLC's expectation that the written internal controls submitted by CC in the
next licensing cycle will be revised in accordance with the guidance provided.
Auditee Response:
We are unsure as to the meaning of this observation, as we are operating under the exact written
controls as approved by the Commission when we opened. We have never been notified by the
commission that our previously approved controls are no longer approved. Please help us better
understand this issue
NHLC Response:
We acknowledge the GOE issued a copy of Concord Casino's written internal controls to Licensing during
the license renewal process. These documents are collected by the Licensing group as evidence the GOE
has written controls. The Licensing group does not have the expertise to evaluate the adequacy of the
document. The written controls are thoroughly reviewed by the auditing team during audit,
recommendations are then made based on processes and procedures observed during audit.
Chip Inventory and Tracking
Open and closing chip values, and daily chip variances are recorded in CC's source documentation.
Auditor's noted 11 instances when the opening bank amount did not match the previous night's closing
amount. The total chip variance over the course of the audit period was (438).
Licensed GOC Staff Participation in GOC Play
A CC PGO was listed as a tournament player and/or promotional prize winner on two separate dates
within the audit period. The same PGO signed and verified games of chance transactions for each of the
two dates. CC should implement policies to ensure compliance with Lot 7207.0l(b)(l) and
7207.01(c)(1)(2), "An individual who is actively participating in the operation of an event may play games
with rake being offered at the event only when the individual. .. has completed his or her shift and is not
wearing a uniform or badge of the games of chance employer."
Page 10 of 10
EXHIBIT 10
Conforti, John
From: Conforti, John
Sent: Thursday, August 18, 2022 12:55 PM
To: andy@concordnhcasino.com
Cc: McIntyre, Charles
Subject: RE: Request for waiver and confirmation of opening expansion by the weekend
Andy:
Thank you for taking the time to discuss the internal control issues. We remain concerned regarding the cage
accountability outlined in the correspondence with our auditing department. We have clearly reached an impasse on
this point. We understand that you disagree with our assessment and believe that your controls exceed the
requirements. Accordingly, I am offering the following solution:
1.) The internal controls will continue to be considered not accepted, however, we will allow for the continued
operation under the amended internal controls submitted to us and the compensating controls identified in this
waiver request;
2.) If the room is prepared for inspection, I am requesting that our investigative team make a site visit on Friday,
August 19th to review the expanded gaming space and ensure that it is ready for play. Josh Santos will be in
touch with you to schedule that meeting. Assuming the inspection is successful, we will approve the new gaming
space;
3.) I have asked our audit team to conduct an in depth audit in the near future so that we can closely examine the
controls in practice to ensure that they meet the legal requirements. The results of that audit will be completed
before the 2023 license approval. It is my hope and expectation that we can agree on complete internal controls
in advance of that licensing deadline. •
Please feel free to reach out to me directly if you have any questions.
John
John Conforti
Chief Compliance Officer
New Hampshire Lottery Commission
14 lntegra Drive
Concord, NH 03301
603-271-7610
From: McIntyre, Charles <Charles.R.Mclntyre@lottery.nh.gov>
Sent: Thursday, August 18, 2022 9:30 AM
1
To: Conforti, John <John.J.Conforti@lottery.nh.gov>
Subject: ~W: Request for waiver and confirmation of opening expansion by the weekend
Forwarding as requested.
From: Andy <Andy@concordnhcasino.com>
Sent: Wednesday, August 17, 2022 6:14 PM
To: McIntyre, Charles <Charles.R.Mclntyre @lottery.nh.gov>; Laurie Sanborn <Laurie @concordnhcasino.com>
Subject: Request for waiver and confirmation of opening expansion by the weekend
[EXTERNAL: Do not open attachments or click on links unless you recognize and trust the seniliii]
First, thank you so much for meeting to discuss the delay in gaining approval to open our expansion of our
gaming location at 67 South Main St.,
To confirm our conversation, we both recognize the one outstanding issue where we disagree and that is over
who is abie to cash patrons out after they have finished playing.
Being we are a very small operating room, we only have a manager and the dealers on duty. Should the
manager afford themselves of their State and Federally mandated breaks, we need to have a procedure in
place to allow patrons to convert chips to cash, or vice versa, and be able to do this in an affordable way.
To document, the Commission is wanting to prohibit any chip conversions (to cash) , limiting any transactions to
only one employee being able to gain entry into the company's cash drawer, and disqualifying any dealers on
duty from being able to cash out players.
The Commission has suggested that we either close the operation while an employee is on break, or that we
create an additional cash drawer and have new, additional employees to operate these additional cash
drawers solely for the temporary times the manager may be disposed of.
While we disagree with the Commission's position and rationale for the request, we remain open to and willing
to find a resolution which satisfies both of our needs. the commissions' for the ability to reconcile and audit
and ours for our ability to reconcile, audit and find a way which we can both afford to do and does not expose
the Casino additional financial risk.
Presently we have several effective and traceable procedures in place to accomplish this.
These are found in the SOP/Internal Controls we have submitted to you and include the following:
"If the Manager is otherwise tied up or temporarily disposed of for short duration (ie; State or Federally
mandated requirement, to include Bathroom Breaks), they may temporarily forward custody of 2 keys to
another Senior Badged Dealer, who is not presently dealing.
Such Dealer shall also have been either trained as a Red Badge Manager and or trained as to be able to act
as a "Cashier'' in regards to swapping chips for cash or cash for chips.
The manager may temporarily appoint this unassigned, non dealing, badged dealer, to temporarily act as
"Cashier'' in their absence, to hold or use the Cash Drawer key, solely to cash out player chips, and the Key to
unlock and lock the Chip Trays on table games, to open and close games until the Manager is able to re-
assume custody of the 2 keys.
Such cash outs are to be noted on a transaction register and included to the Manager, who includes them in
the daily paperwork.
2
Any such Badged Employee shall not be active at any other table and or performing any other or additional
duties during the temporary transition.
Concord Casino Recognizes all licensed and badged employees are approved solely by the Lottery
Commission anp in their sole discretion. Approval, Ucensure and badging qualifies any such employee
to perform any duty within the Casino pursuant to Law and Rule, but it is the sole discretion of the Owner as to
what any specific duties that any specific employee may be authorized to perform, recogn.izing duties are
properly segregated.
During any temporary transition of keys solely for the purpose of Cash Out and to open/close table games, this
Badged employee is prohibited from performing any other duties, to include but not limited to; Fills, Credits or
inputting/completing any operational documentation, other than the Cashier Transaction log.
This temporary "Cashier" shall have no access to any operation or documentation in conjunction with the
operation of Concord Casino, filling out the transaction register excepted.
Manager remains responsible for any and all transactions in their absence. Manager on duty is solely
responsible for cash in the cash drawer at all times, including if they temporarily assign a Key to a Badged
Employee or senior Badged Dealer. If the Manager is temporarily disposed of and returns, they may review
the cameras to verify activity in their brief absence."
This procedure clearly outlines, in detail, the temporary nature of assigning a qualified employee to temporarily
step in and perform the Cashier duty. Additionally, at the request of the Commission, specifically prohibits that
employee from performing any other action or duty (other than to open or close a table) in the Casino, while
they are acting in their capacity of "Temporary Cashier"
We confidently believe and know this procedure provides sufficient detail and traceable documentation to
ensure financial accuracy and honesty, and in the absence thereof, the ability to audit and trace as to ensure
no malfeasance exists in this operation.
Acknowledging the above we remain open and willing to work with the commission to find common ground and remain
willing and ready to meet at your convenience to find a way to resolve this.
As such, and to be open this weekend, we are requesting approval of our SOP/Internal documents with a waiver as
outlined above concerning Cash Drawer procedures.
We truly appreciate your support and stated commitment to work around a one size fits all approach to solving our
operational standards.
Best to you!
Andy Sanborn
ps- Please feel free to forward this to John, as unfortunately I do not have his direct email address.
3
EXHIBIT 11
GOVERNOR Christopher T. Sununu
CHAIRMAN Debra M. Dougla~
COMMISSIONER H. Andy Crews
COMMISSIONER Erle B. Pierce
EXECUTIVE DIRECT!fR Charles R. McIntyre
October 3, 2022
Charles R. McIntyre,
Executive Director
New Hampshire Lottery Commission
14 Integra Drive
Concord, NH 03301
RE: Compliance Audit of Win Win Win, LLC d/b/a Concord Casino
Dear Director McIntyre:
The Investigation and Compliance Division is currently conducting an audit of Win Win Win, LLC,
d/b/a Concord Casino (hereinafter "Concord Casino"). As you may recall, there have been ongoing disputes
with respect to Concord Casino's internal control documents and issues of dual control with respect to
cashier responsibilities at the property. We recently agreed to allow the licensee to continue to operate under
their current internal controls contingent on the findings of an audit conducted by the Lottery Commission.
During the course of this review, the audit team uncovered activity that is suspicious and may constitute
fraud or potentially criminal behavior. As such, I am providing you with a summary of these activities so
that the Lottery Commission may detennine what actions, if any, to take with respect to these findings.
The suspicious activity centers around Concord Casino's application for and receipt of a Small
Business Administration ("SBA") Economic Injury Disaster Loan ("EIDL"} in the amount of $844,000.
This loan came to the attention of the auditors as it was originally labeled as a Paycheck Protection Program
("PPP") disbursement. As Concord Casino had already received a sizeable PPP loan, the auditors asked why
there would be a second PPP loan far greater than the company's payroll expenses. Concord Casino's
owner, Andy Sanborn. replied that the accountant had made an error and that this was in fact an EIDL loan. 1
The auditors were able to independently confirm that this was an EIDL loan through open-source records. 2
The EIDL loan program was designed to provide funding to businesses that suffer economic loss as
a result of disasters. That funding was expanded to include impacts from COVID-19 in 2020. Proceeds can
be used for working capital to make regular payments for operating expenses, including payroll,
rent/mortgage, utilities, and other ordinary business expenses, and to pay business debt incurred at any time
1 Email from Andy Sanborn to Leila McDonough attached as Appendix 1.
2
See https://www.usaspendlmi;.sov/award/ASST NON 2913139103 7300. a copy of which is attached as Appendix 2.
~ t•;•: t:;~,;~h?r~- Lottery Commission 14 lntegra Drive Concord, New Hampshire 03301
:::S:Y TEL 603.271.3391 FAX 603.271.1160 TDD 1.800.735.2%4 www.nhlottery.co111
GOVERNOR Christopher T. Sununu
CHAIRMAN Debra M. Douglas
COM MI SSIONER H. Andy Crews
COMMISSIONER -Erle 8 . P ierce
Over $2 BIiiion and Counting far our Schools EXECUTIVE DIRECTOR Charles R. McIntyre
(past, present, or future). 3 Funds may not be used for expansion of facilities or acquisition of fixed assets nor
for disbursements to owners, partners, officers, directors, or stockholders, except when directly related to
perfonnance of services for the benefit of the applicant. 4 Gambling concerns or casinos are typically not
permitted to access EIDL loans. s It is notable, that Concord Casino registered with the New Hampshire
Secretary of State not as a gaming company but as "All Other Health and Personal Care Stores"~ and used
that NAICS code to apply for the EIDL loan. 67
Potential Misuse of EIDL Funds
The auditors' concerns relating to the use ofEIDL loan funds is based, in part, on the financial
condition of Concord Casino at the time it received the loan. Specifically, the operating account held a total
of $917.56 before receiving the first installment of the loan on January 4, 2022. 8 Moreover, this does not
appear to be a temporary condition. A review of the financial records reflects a negative cash flow from
operations and no other substantial capital infusion into the company over the past two years. Accordingly,
it appears that the suspicious payments outlined below were made using loan funds rather than any other
working capital.
A. Equipment Purchases
3
https;/lwww.sba,goy/fundios;0r;osrams/loans/covld-19-relief-octions/coyld-19-economlc-lniury-disaster-loanlaboyt;;(OYid-
19eidl#:-:h!xt""To%20pbtain%20e2620loan7(,20via.Greater9'ilOthan%20%24SOQ%2COOQ%3A%20§25 attached as Appendix 3
4
Small Business Administration, Disaster Assistance Program SOP 50 30 9 at Section 3.31 (May 31, 2018) attached as Appendix
4.
5
Id. at 3.30.
6
Secretary of State Registration attached at Appendix S, p. S
7
We note that there were some concessions with other SBA administered programs including PPP during COVID that allowed
smalt gaming companies to access funds that are typically restricted. We have made efforts to confirm whether this restriction
applied to this loan and were unable to confirm or deny that fact. Calls directly to the SBA for information appear to Indicate
that gaming concerns remain ineligible for EIDL loans.
• See Appendix 5 at p. 7.
4;f~ Li1·,· Fn·r 1>1 Orr
~ j New Hampshire Lottery Cornmlsslon 14 lntegra Drive Concord, New Hampshlrti 03301
""~ TEL 603.271.3391 fAX 603 271.1160 HID 1.800.735.2%4 WWW .nhlottery.com
COVERNOR Christopher T. Sununu
CHAIRMAN Debra M. Douglas
COMMISSIONER H. Andy Crews
COMMISSIONER Erle B. Pierce
Over $2 Billion and Cowltlng for our Schools EXECUTIVE DIRECTOR Charles R. McIntyre
B. Advertising Expenses
Advertising expenses of Concord Casino would be an allowable use of EIDL funds, and the
company listed nearly $89,000 in advertising expenses between February 2021 and March 2022. As with
equipment, among the expected expenses there were unexplained ones. Specifically, there were three
payments totaling $45,000 identified solely as being made to Peter D. 16 An examination of the check
register identified Peter D as a Peter Dawe of Stroudberg, PA. Mr. Dawe is the owner of Dawe' s Motorsport
Development which specializes in building Porsche race car motors. 17 These are the same types of cars that
Mr. Sanborn specializes in racing. We were unable to identify any manner in which Mr. Dawe would be
qualified to assist a New Hampshire gaming establishment in advertising.
C. Rent
Rental expenses of the business are also a legitimate use ofEIDL funds, however, a close
examination of the business records indicates that these "rental payments" are suspicious in size and
frequency. Concord Casino has a lease agreement with another Andy Sanborn owned entity, the Best
Revenge, LLC. The terms of that lease set the rental expense at $6,000 per year, or $500 a month. 18 Despite
this language, Concord Casino paid $238,000 in rent to the Best Revenge, LLC between November 2021
and August of 2022. This included a rent payment of$18,000 the day after the first disbursement ofEIDL
funds and a rent payment of $27,500 three days after receiving a second installment. Based on the terms of
the lease, Concord Casino has paid its' landlord the equivalent of approximately 40 years of rent in IO
months.
There is a provision in the lease that allows for "additional rent" to be paid for certain operational
expenses, including taxes, plowing, trash removal, etc. 19 The auditors did not see any evidence of invoices
16 Appendix 5 at p. 8.
17
http://www_dawesmotorsports.com/lndex.cfm?e.,inner&itemcatesore§2171 a copy of which is attached as Appendix 10.
18
See Lease Agreement attached as Appendix 11.
lt Id.
9
lil·t· F,...- ,11 Du·
ffl: New Hampshire Lottery Comn11ss1011 14 lntegra Drive Concord, New Hampshire 03301
• --· TEL 603.271.3391f'AX 603 271.1160 TDD 1.800.735 291.4 www.nhlottery.com
IH
Over $2 BIiiion and Counting for our Schools
GOVERNOR Christopher T. Sununu
CltAIRMAN Debra M. Douglas
COMMISSIONER H. Andy Crews
COMMISSIONEll Erle 8. Pierce
EXECUTIVE DIRECTOR Charles R. McIntyre
for these services from The Best Revenge, LLC to Concord Casino. Additionally, the amount of these
expenses is abnonnal for a business this size and significantly increased after receiving the loan proceeds.
The auditors also noted that the round numbers are indicative of fraud as opposed to legitimate pass-through
expenses for services or taxes. Finally, Concord Casino paid $20,000 in rent to a third Sanborn owned
entity, The Draft, LLC, despite the fact that there is no lease agreement between those entities. 20
Taken as a whole, it appears that Concord Casino is using "rental payments" as a means to transfer
EIDL money from one Sanborn controlled entity to another and that it does not reflect payments of
legitimate operating expenses as pennitted under this loan.
D. Expansion of Business
As stated above, the SBA has made clear that EIDL funds are not to be used for "expansion of
facilities or acquisition of fixed assets." Concord Casino engaged in an expansion project this Spring and
Summer following the receipt of the loan proceeds. 21 Additionally, Mr. Sanborn has proposed building a
new gaming facility in Concord. 22 The preliminary plan for this new facility was drafted by T.F. Moran,
Inc.23 This plan calls for a 43,000 square foot casino, a massive expansion of the current footprint. 24 It
appears based on the check register that Concord Casino may be using their operating funds for this
initiative, paying T.F. Moran and Geo Technical Services over $28,000 in July of2022. 25 Again, there is no
cash flow outside of the loan funds to support these initiatives. As such, it appears that Concord Casino is in
the process of using EIDL funds for an impennissible purpose, the expansion of their business to a new and
expanded facility.
Conclusioq
As outlined in this letter, the audit of Concord Casino has identified suspicious activity that may
indicate misrepresentations and a misuse of federal funds under the SBA EIDL program. As you know, the
scope of this audit is to detennine compliance with the statutes and regulations relating to conducting games
of chance. Accordingly, an investigation of potential fraudulent or illegal activity is outside of the scope of
our jurisdiction and the powers provided to us under the gaming statutes. I would recommend, therefore, that
we refer this matter to the New Hampshire Department of Justice for review and potential investigation.
With respect to Concord Casino's current gaming activities, these findings may have an impact on
the suitability of the company to continue gaming operations. The current Games of Chance license will
20
Appendix 5 at p. 15.
21
See Social Media posts at Appendix s at p. 9.
22 Concord Planning Board Asenda September 21, 2022 attached as Appendix 12.
23 Appendix 5 at 20-21.
24
Id at 19.
25 Id at 22.
(3 ti;:
~;.✓
t;~,~;h?r:· Lottery Comnussion
TEL 603.271.3391 FAX 603271.1160
14 Jntegra Drive
TDD l .800.H52%4
Concord, New Hampshire 03301
www.nhlottery.com
NH
Over $2 BIiiion and Counting for our Schools
GOVERNOR Christopher T. Sununu
CHAIRMAN Debra M. Douglas
COMMISSIONER H. Andy Crews
COMMISSIONER Erle 8. Pierce
EXECUTIVE DIRECTOR Charles R. McIntyre
expire on December 31, 2022. Accordingly, I would further recommend that we confer with the Attorney
General to determine if these issues should bar a re-licensure of Concord Casino for 2023.
I would be happy to discuss this matter further at your convenience.
~~ruly yours,
~£.t!:it--
Chief Compliance Officer
~ L1H° Fin· ,,, D1t·
;~r, New Hampshire Lottery Commission 14 lntegra Drive Concord, New Hampshire 03301
~;,;,"j' TEL 603.271.3391 FAX 603.271.1160 rot> 1.800,735.2%4 www.nhlottery.com
APPENDIX 1
Conforti, John
From: McDonough, Leila
Sent: Thursday, September 29, 2022 3:47 PM
To: Conforti, John
Subject: FW: May, June July financials Concord Casino
Please see email below from Andy. Also, on the USASpending website, it's listed as a CFDA 59.008 award, which is and
EIDL.
From: Andy <Andy@concordnhcasino.com>
Sent: Monday, September 19, 2022 3:56 PM
To: McDonough, Leila <Leila.M.McDonough@lottery.nh.gov>
Subject: Re: May, June July financials Concord Casino
-~!_!RNAl: Do not open attachments or click on links unless you reco~nize ~nd trust the sender]
Sent Journals for all three months. Please confirm if you got them.
These financials are solely for WinWinWin, LLC
As to the loan, my bookkeeper put it in as PPP, but in actuality it is an EIDL loan.
Best
Andy
On Mon, Sep 19, 2022 at 3:23 PM McDonough, Leila <lella.M.McDonough@lottery.nh.gov> wrote:
Andy,
I also need the subsidiary ledgers that support each balance sheet account {per the Ad min. Rules), please forward
those as well. Also, was the PPP loan for Win Win Win, The draft or another entity.
Thanks,
Leila
From: Andy <Andy@concordnhcasino.com>
Sent: Monday, September 19, 2022 3:06 PM
To: McDonough, Leila <Leila.M.McDonough@lottery.nh.gov>
Subject: May, June July financials Concord Casino
=_I?«? noi'open att~~-~~ents or cllckon links unless you recogniu! and trust the send-er.j
EXTERNAf:_
Hey Leila;
Confirming that rjust sent you (and I hope you have received) the May, June, and July P&L, Balance Sheet
and sources and uses statements per your request for the audit.
You will see 2 reports for June P&L as I included May 31 -June 30 on it initially and then sent in the correct
one.
Please let me know if you have any questions!
Best
Andy
2
APPENDIX 2
10/3/22, 11 :01 AM LOANS to WIN WIN WIN, LLC I USAspending
~. <'t"·•·"':"•1·tiri ... r:-:-·;.; ~ C.:.a:i:ti;t ~ ,u 1 l~ ..C--li~ 0'llkl
~·.e• ;~. ';.., ;.<. .,::~~'!; ,i•r tr•': 1_· ~"i : ,·•{~r ~· l/".r •
hi■
= USASPENDING.gov
Loan summary
Direct Loan
FAIN 291313910.3
l-d, rJelS (OVID .l:'>Spendi11g
Awarding Agency
Small Business Administration (SBA) CFDA Program/ Assistance Listing
59008 - DISASTER ASSISTANCE LOANS
VIEW MORE INFO ABOUT THIS PROGRAM
Recipient
WIN WIN WIN, LLC
t•I ~'j.!,4 .\l~J ST
C(,1>,C:JP.t NHli3301-◄8'!4
' ·'· Cl!Jl"'.!.ior,.) ;.',trkt;NH·O~ Su,rtDate not providt<J
~JN!T ,)StAl f.5 End Date not provrd"d
$ Award Amounts
Overall Spending COVID-19 Spending
Chart Not Available
Data in this instance Is not su 1table for charting
Outlayed Amount
$98,916.80
Obligated Amount
S0.00
Original Subsidy Cost
$98,916.80
Face Value of Direct Loan
$844,000.0l>
https:f/www.usaspending.gov/awardfASST_NON_2913139103_7300 114
10/3/22, 11:01 AM LOANS to WIN WIN WIN, LLC IUSAspending
EB View Transa<:tion History
• Description
AWARDTYPE: DIRECT LOANS ACTIVITIES TO BE PERFORMED: PROVIDE LOANS TO BUSINESSES IMPACTED BY THE COVI0-19 PANDEMIC ~OR UNINSURED OR OTHERWISE UNCOMPENSATFD
ECOliOMIC INJURY. DELIVERABLES: LOANS EXPECTED OUTCOMES:...
read more
# CFDA Program/ Assistance Listing Information
59.008: DISASTER ASSISTANCE LOANS
Objectives
To provide loans to the survivors of declared disasters for uninsured or otherwise uncompensated physical damage and economic injury.
AdminlstratNe Agency
SMAll BUSINESS ADMINISTRATION, SMALL BUSINESS ADMINISTRATION
Website
http:lfwww.sba.gov/Disaster
SAM,eov Page
https://sam.gov/faV681adc479d4d459ea81b4d9226159dbl/view
SHOW MOR£
~\ Federal Accounts
••
••
Combine~ ObUgatedAmount ~ Pertent of Total Funding Agency
OISASTER LOANS PROGRAM i\CCOUNT, $MAL !00% ($811) SMALL BUSINESS AD~l"iiSTRr.TIO~i
NOTE: Result tount may differ between treemap view and table view, Treemap • ew only displays a<:counts with a positive combined c;ibligated amount, while table vi~w displays ;,'.I
accounts.
Summary of All Federal Accounts used by this Award
Total Fundtng Obligated $98,916.80
Total Count of FundingAgericies
Total Couritof AwardingAgericies l
Total Count of Federal Accounts
httn,o,·//www 11!111soendina.oov/award/ASST NON 2913139103 7300 2/4
1013/22, 11:01 AM LOANS to WIN WIN WIN, LLC I USAspending
Ee llt8~dua. funding submissions
~ Award History
Transaction History "'
------;
'
59.00& ll/30/2011 $500,000 $54,600
02/08(2022 $3<14,000 $40,317
i Additional Information
i:x 1>.1ndAll
4iil'• Unique Award Key )
J:ii Agency Details )
Q Place Of Performance >
jm Period of Performance >
II Recipient Details >
& E>:ecutiveCompensation >
Stay in touch
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Request a USAspending.gov training session
R~ceive cu ~tomiad training for your organization on how to use our tools and data,
learnMore ➔
https1/www.usaspanding.gov/award/ASST_NON_2913139103_7300
10/3122, 11:01 AM LOANS to WIN WIN WIN, LLC I USAspending
M!Ol. f
About USAspend1'ng
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Community
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l' 1;Ft,:')PfR~
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N0Tt!:--,.,1u mu!-t clicl her~ (01· very im11arGlnt O~B infcrn1mtcu~
httos:Jtwww.usaspencling.gov/award/ASST_NON_2913139103_7300 414
APPENDIX 3
10/3/22, 11 :03 AM About COVI0-19 EIDL
Hurricanes Fiona and Ian: Learn about SBA disaster assistance. X
About COVID-19 EIDL
This federal small business loan program supports small businesses' recovery from the
C0VlD-.19 disaster's economic impacts by providing accessible and borrower-friendly
capital.
Content
Notice: th e COVID-19 EIDL P-rogram is not acceP-ting new a1wlications, increase requests,..Qr
reconsiderations
Multilingual COVlD E!DL information
Existing borrowers
Loan details
Loan eligibility
Beware of fraud and ID theft
Contact us
Notice: the COVID-19 EIDL program is not accepting new
applications, increase requests, or reconsiderations
o As of January 1, 2022, SBA stopped accepting applications for new COVID EIDL loans or
advances.
o As of May 6, 2022, SBA is no longer processing COVI D-19 EIDL loan increase requests or requests
for reconsideration of previously declined loan applications.
o As of May 16, 2022, theCOVID-19 EIDL portal (covidl9reliefl.sba.gov, also known as the "RAPID
portal") is closed. Borrowers who need copies of their loan documents can contact us at 833-
853-5638. Please allow 3-5 business days to receive your materials.
https-J/www.sba.gov/funding-programslloans/C0Yid•19.relief-oplionslc;ovid-19-eoonomio-lniury~isaster-loan/aboul-covid-19-eidl#section-header-6 1/8
10/3J22, 11:03AM About COVIO-19 EIDL
Hurricanes f°10na and Ian: Learn about SBA disaster assistance. X
Multilingual COVID EIDL information
Applications must be submitted in English. We provide documents in 17 different languages to
help you understand eligibility requirements, fill out applications, and answer frequently asked
questions.
,. - . -------·
Deutsche
~YIM
Italiano
.. . .. . . , ........ _,. _ - - · , u . ,. . .1;ft,_ ,.,,.,,,.........,,.,_.. ,.e1,.,.,,u.10.,011..Lnntinnc:J,,nvin.1 !Mll'!nnnrnlr~lnl11rv-rli111111tflr-ln11n/about-covid-19-eidl#section-header-6
10/3122, 11 :03 AM About COVI0-19 EIDL
Hurricanes Fiona and Ian: Learn about SBA disaster assistance. X
P-YCCKl1H
Existing borrowers
Learn how to manage.your loan, including how to monitor loan status, make payments, and
request a COVID EIDL increase.
Loan details
In response to COVJD-19, small business owners, including agricultural businesses, and nonprofit
organizations in all U.S. states, Washington D.C., and territories were able to apply for the COVID-19
Economic Injury Disaster Loan (EIDL). New applications are no longer being accepted. -
Product
'
.~, ...... . . .............. ,,..,,. - . - - - , - • J ' • - ~ , , ... - ... ,....... .......,,, •• .,,.. ..... _ ,, . ................. ..... ._...,,,, ...: 0 , - , , 0 ~ ~ - •..... " · · - - - -- ·- · - ,.. - .... .._. • .. ... ~ ,...., , ,< ;,I ~· ,, .......... .., ~ .... ,.,,.
Loan directly from SBA that must be repaid; low-interest, fixed-rate, long-term loan to help
overcome the effects of the pandemic by providing working capital to meet operating
expenses
'i
• --•-..•·••~ ..... ,, • • ,,....,.,.->J ..... W.~•~•.,·•......,_,, .... ,.J)1,~,.,. _•• .-.,•••••-- - -"•'1••••'"'--••~•I·•• . .~-•· _ _,,,.,.__, - - .. - ~ • ..,..._...., ,,.,£.•,-..,o.-1>:";.t1•U'C"O.»••~:-•••--"'~"~'" --•-Jo~...:,j.,'ol'U"'-''-·• - - t•~·•'-'- • - - .,...... ,.,,,,_.,,... 1 ._,J
https:J/www.sba.gov/funding-programs/loans/covld-19-relfef-oplions/covid-1 !Mconomlo-in)ury-disaster-loan/about-covid-19~idl#secllon-header-6 318
10/3122. 11 :03 AM About COVID-19 EIDL
Hurricanes Fiona and Ian: Learn about SBA disaster assistance. X
Working capital to make regular payments for operating expenses, including payroll,
rent/mortgage, utilities, and other ordinary business expenses, and to pay business debt
incurred at any time (past, present, orfuture)
i
f, ,., ........ u'i'....,.,.•_..••.i,.r-.,.. ......... _ _ ,.,,~,...,..,..,.,.., .
Maximum Loan Amount
$2 million. Note: SBA began approving loans greater than $500,000 on October 8, 2021.
Loan Term
30years
l,nterest Rate
Businesses: 3.75% fixed
Private nonprofit organizations: 2.75% fixed
Payment Deferment
.... __ ·'•·-····-'-~ __,,ff,,,,,.;,.,. ,,.,_,.,,...,.,,,,... n.,/rnvirl.1Q..r..iiAf.nntlnni;fr-.nvitt.19-aconomic-iniurv~isaster-loan/about-covid-19-eidl#section-header-6
10/3/22, 11 :03 AM About COVID-19 EIDL
Hurricanes Fiona and Ian: Leam about SBA disaster assistance. X
Payments are deferred for the first 2 years (during which interest will accrue), and
payments of principal and interest are made over the remaining loan term. No pen atty for
prepayment.
... - ..........;
Fees
For loans $25,000 or less: No fees if applying directly through SBA
For loans greater than $25,000: One.time $100 fee for filing a lien on borrower's business
assets plus costs to file lien on real estate when applicable
••For loans greater than $500,000 where real estate was pledged as collateral: One-time
$100 fee for filing a lien on borrower's business assets. Additionally, the borrower
was responsible for recording the real estate lien and paying the associated fees.
Collateral
't
i
........ _ . . , . . . _ _ , . . _ _ ·~- - .- -•-•--- ,_;-••••~-H•- - h - , ... .... - ,, .. >-..S 4< . ,, ♦- >, .-..,. ,,_,,,.,, .... , .. , .. ,...:. - -•~• •
Required for loans greater than $25,000
', ..... ~ .... ; .. /,. _
.. ..... ...... ,...-, ...-·,--..-.--.--.--...---- - ,,,._. - ·- -·-·-··.,...
,; •..•. ·-·---·-·-- ..-. -~--~- '"-•- ---·--- -··--------·~- ---·-·-··---··-·-· ··----·--
{
j
!
;
Personal Guaranty
~
Required for loans greater than $200,000
1:ttos://www,sba.oovJfundin11-Proarams/loanslcoYid-19-relief-®tlons/covfd-19-economlo-lnlurv-dlsaster-loan/about-covid-19-eidl#sectlon-header-6 Si'8
1013122, 11:03AM About COVI0-19 EIDL
Hunicanes Fiona and Ian: Learn about SBA disaster assistance. X
' Manage your EIDL
.M..ak.e.Ra.Y.roents
Program updates
As of September 8, 2021, new COVID EIDL policy changes took effect as follows:
a Maximum loan cap increased from $500,000 to $2 million
o Use of funds was expanded to include payment and pre-payment of business non-federal debt
incurred at anytime (pastor future) and paymentoffederaldebt
o Extend the deferment period to 24 months from origination for all loans {existing loans with a
less than 24-month deferment will be adjusted)
o Affiliation requirements simplified to an affiliate is a business that you control or in which you
have 50% of more ownership
o Developed additional path to meet program size standards for businesses assigned a NAICS
code beginning with 61, 71, 72, 213, 3121, 315,448,451, 481, 485,487, 511, 512, 515, 532, or 812
o Exclusivity Period: From September 8, 2021, to October B, 2021, the above policy changes were
applicable to applications for <$SOOK while applications for >$SOOK received the policy
changes on and after October 8, 2021
Lo·an eligibility
To obtain a loan via COVID EIDL, small business owners must have met the eligibility requirements.
Additionally, below were the credit score requirements:
o $500,000 or under: 570
o Greater than $500~000: 625
httno:•/lvmw Ah11 onvlfundina-croarams/loans/covk!.19-relief-ootions/covid-19-economic-lnlurv-disaster-loan/about-covid•19-eidl#seclion-header-6
10/3/22, 11:03 AM About COVI0.19 EIDL
Hurricanes Fiona and Ian: Learn about SBA disaster assistance. X
the IRS to release business tax transcripts for SBA to verify their revenue.
Supplemental materials
o: Cross-P-rogram eljgib.ili...ty, on SBA COVID-19 relief OP.~
° FAQ.Regarding Partidpatjon of Faith-Based Organizations in PPP and EIPL
o FAQ Regarding.Agricultural and Farm Loan Collateral Security and the SBA EIDL Pro gram
Beware of fraud and ID theft
o .Bgport suspected EIDL ID theft
0 Beware of scams and fraud schemes
o For lenders: SBA Information Notice on Guidance Regarding Identification and ReR.Qcting of
Suspicious Activity in the COVID-19 EIDL Program
Contact us
For help with EIDL, call 833-853-5638 (TTY: 855-440-4960) or
email disastercustomerservice@.s.ba,g~. For help with Targeted EIDL Advance,
email TargetedAdvance@.s,bg,gQY.
The COVI 0-19 EIDL Customer Service Center is open 8:00 a.m. to 8:00 p.m. ET, Monday through
Friday. When emailing SBA, remember to always include your loan or application number as well
as reason for request in the email subject line. In the body of the email, include your loan or
application number, reason for request, business name, applicant name and contact information.
Next
l About EIDL Advance programs > l
https:/IWWW.sba.gov/funding.programs/loans/covid-19-rellef-optlons/covld-19-economi<>injury-disaster-loanlabou!-oovid•19-eidl#section-header..S 716
10/3/22, 11:03AM About COVID-19 EIDL
Hurricanes Fiona and Ian: Learn about SBA disaster assistance. X
FOIA Inspector General
Contact SBA Privacy Policy
SBA en Espanol Blog
Sign up for SBA email updates
SUBSCRIBE
U.S. Small Business Administration409 3rd St, SW. Washington DC 20416
APPENDIX 4
SBA SOP SO 309
Disaster Assistance
Program
Office of Disaster Assistance
U.S. Small Business Administration
50309
b. Period of military conflict is
( 1) A period of war declared by Congress, or
(2) A period of national emergency declared by Congress or the President, or
(3) A period of contingency operation. A contingency operation is designated
by the Secretary of Defense as an operation in which our military are or may
become involved in military actions, operations, or hostilities (e.g.
peacekeeping operations).
NOTE: A period of military conflict does not include instances when the
Governor may activate the Guard as a result of a disaster event.
c. Although we can accept applications with a notice of expected call-up, we cannot
complete all processing until we have a copy of the essential employee's official
call-up orders. Upon receipt of an acceptable application. process the file to a
decision. If a decline or withdrawal is recommended, decline or withdraw the file
using nonnal procedures. If an approval is possible, withdraw the file pending
receipt of the official call-up notice. Upon receipt of the official notice, reactivate
the file and complete the processing. (See Appendix 6 for a complete list of the
filing requirements).
F. Ineligible EIDL Applicants:
l. The following applicants are not eligible for EIDL assistance.
a. Lending or Investment Concerns (except for real estate investments held for
rental)
b. Multi-level Sales Distribution (Pyramid) Concerns
c. Speculative Activities
d. Non:0rofit Organizations that are not considered a Private Non-Profit
e. Consumer and Marketing Cooperatives. However, other cooperatives and small
agricultural cooperatives meeting applicable size standards are eligible
f. Not a small business concern (except for PNP of any size)
g. Gambling Concerns. Concerns that derive more than one-third of their annual
gross revenue from legal gambling activities
h. Casinos. Racetracks. Etc. Businesses whose purpose for being is gambling (such
as casinos, racetracks, poker parlors, etc.) are not eligible for EIDL assistance
regardless of their ability to meet the one-third criteria established for otheiwise
eligible concerns
i. Loan packagers who derives more than one-third of their annual volume from the
preparation of applications seeking financial assistance from SBA
j. Religious Organizations.
k. Political or Lobbying Concerns.
l. Pawn shops, when 50 percent or more of previous year's income was derived
70
Effective Date: May 31, 2018
50309
7. Requires the General Processing Procedure and Computation: General processing
steps are as follows: Additional detailed infonnation is contained in Appendix IO
on all the items below.
a. Identify the length of injury period.
b. Detennine Normal Sales, Normal MCM percent, Injury Period Sales and Injury
Period MCM percent. Adjust COGS when necessary.
c. Phase II Lost MCM =Nonnal MCM - Injury Period MCM.
d. Determine if it is necessary to adjust injury or needs (including any
extraordinary items, balance sheet adjustments, accelerated debt, etc.) in the
loan amount.
e. Deduct business intemiption insurance and other recoveries. The resll]t is total
EI. This amount serves as a limit to the amount of needs that are attributable to
the disaster and addressed by an EIDL.
f. Calculate the total financial needs of the business. The only criteria for the
needs calculation is that the need be essential to the continued viability of the
business.
3. Use of Proceeds: Proceeds would generally be allocated to working capital, notes
payable and accounts payable.
4. Approval Authority: As defined in paragraph 7.1 B.
E. Ineligible Uses of Loan Proceeds: EIDL proceeds may not be used for:
1. Payment of any dividends or bonuses;
2. Disbursements to owners, partners, officers, directors, or stockholders, except when
directly related to performance of services for the benefit of the applicant;
3. Repayment of stockholder/principal loans, except when the funds were injected on an
interim basis as a result of the disaster and non-repayment would cause undue hardship
to the stockholder/principal;
4. Expansion of facilities or acquisition of fixed assets;
5. Repair or replacement of physical damages;
6. Refinancing long term debt;
7. Paying down (including regular installment payments) or paying off loans provided, or
owned by another Federal agency (including SBA) or a Small Business Investment
Company licensed under the Small Business Investment Act. Federal Deposit
Insurance Corporation (FDIC) is not considered a Federal agency for this purpose;
8. Payment of any part of a direct Federal debt, (including SBA loans) except IRS
obligations.
a. If a direct Federal debt is delinquent, your recommendation must be based on
independent documentation from the appropriate Federal agency explaining how
the delinquency will be cured.
75
Effective Date: May 31, 2018
50309
b. If a direct Federal debt is delinquent because of the disaster, we should make
arrangements with that Federal creditor to have payments deferred or a similar
action taken to bring the delinquency current prior to approval-of an EIDL. If the
Federal creditor cannot or wi]] not cooperate, the likely result will be a decline of
the EIDL request. However, if the applicant has other resources or recoveries, we
should generaUy allow (and perhaps require) those resources to be applied first to
ineligible needs, such as the payment of direct Federal debt.
c. When processing during the injury period, it is generally appropriate for you to
negotiate with Federal creditors to defer payments (or take similar action) until the
end of the injury period. You must document why this was or was not imposed.
9. Pay any penalty resulting from noncompliance with a law, regulation or order of a
Federal, state, regional, or local agency.
10. Contractor malfeasance; and
11. Relocation.
F. MREIDL: For the MREIDL the incident period will begin with the deployment of the
essential employee to active duty and will end upon release from active duty. Assume a 12-
month injury period unless a more exact injury period is known (see Appendix 8).
G. See Appendix 12 for further information.
NOTE: Applicants who have Credit Available Elsewhere are ineligible for economic injury
assistance. If you detennine that the applicant has no Credit Available Elsewhere, you
must assume that no personal, business, or affiliate resources are available to offset the
EI amount.
3.32. SIZE DETERMINATION
A. Size Standard: SBA's size standards define whether a business concern is small and,
therefore, eligible for an EIDL. SBA establishes size standards by types of economic
activity, or industry, under the North American Industry Classification System.
B. Size Standards for an EIDL Applicant: For Disaster Loans (other than physical disaster
loans), an applicant business must satisfy two criteria:
I. The size of the applicant alone (without affiliates) must not exceed the size standard for
the industry in which the applicant is primarily engaged; and
2. The size of the applicant combined with its affiliates must not exceed the size standard
designated for either the primary industry of the applicant alone or the primary industry
of the applicant and its affiliates, whichever is higher.
NOTE: You must use the size standard in effect at the time the declared disaster
commenced.
C. Definitions:
1. Business concern may be a sole proprietorship, partnership, limited liability entity,
corporation, joint venture, association, trust, or cooperative.
76
Effective Date: May 31, 2018
APPENDIX 5
Win Win Win LLC
NHLC Audit
September 30, 2022
Small Business Administration
Covid Economic Injury Disaster Loan (EIDL)
Product: Loan directly from SBA that must be repaid. Low-interest, fixed rate, long-term
loan to help overcome the effects of the pandemic by providing working capital to meet
operating expenses.
Uses of Proceeds: Normal operating expenses and working capital. Payments may be
deferred for 24 months.
Loan Term: 30 years
Interest Rate Businesses: 3. 75% fixed
Loan Proceeds Allowed Uses
Not to be Used for Business Expansion
Taken from the SBA Website
What can Iusethe loan proceeds for?
Borrowers may use COVID EIDL working capital loan proceeds to make regular payments for
operating expenses and to pay business debt incurred at any time (including business credit card
debt), payroll, rent/mortgage, utilities, and other ordinary business expenses. You may not use the
funds to expand your business.
Business Activities Not Eligible for an EIDL Loan
Business activity not eligible - Ineligible business activities include but are not
limited to:
• Pay Day Lending
• Check Cashing
• Gambling, including Casinos
• Adult Entertainment
• Pawn Shops
• Real Estate Developers
• Insurance Company
• Illegal activity under federal, state, or local law such as a Marijuana Shop
Secretary of State Filing Reflects an Incorrect
NAICS Code for Win Win Win
BUSINESS NAME: WIN WI~ WIN, LLC
BUSINESS TYPE: Domestic: Limited Liabilily Contp:any
BUSl~ESS ID: 801530
--------------------------------1
STATE OF FORMATION~ New Hampshire
CURRENT PRINCIPAL OFFICE ADDRESS CURRENT MAILING ADDRESS
67 South Maio St. POBo112244
Concord, NH, 03301, USA Concord, SH, 03302, USA
REGISTERED AGENT AND OFFICE
REGISTERED AGENT;!_A~•~th~o~ny~M~Sa~•b~o~rn
~------------------I
REGISTERED AGENT OFFICE 71 Eagll! Dr Bedford., NH, 03110, USA
ADDRESS:
PRINCIPAL PURPOSE(S)
NAICSCODE NAICS SUB CODE
Retail Trade AU Other Health and Personal Care Stores
MANAGER f MEMBER INFORMATION
Win Win Win Was Awarded an EIDL Loan in the
Amount of $844,000
!.'.l'--, ~ '.u~,,...
bnl=; •JSASPENDING,wov
Direct loan
"
FAIN 2,1' :<i.»;, ::;,<
Awardin1 A,ency
Smau Business Administration (SBA) CFDAP,ac"'M l AssbUOQ°'""'C
.~·~ ..:. ,.,.. -~!.A - ~ 1..·;:.1,":'.tr,~ r _o;~~. . ,
-
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RoctJ)14<1,
WIN WIN WIN, LLC
trf ~-~.'h !>•'·
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i..,u.,,uo.ou
EB ...i ,rwTf,111111 ,1 ~,~~ fl UO~;'
-Two El DL Payments Made to the Licensee
Taken from the Licensee's General Ledger Submitted for Audit
Note bank balance is
$917.56 prior to 1st
installment deposit
1st Installment
")leek Dl/011202:! 20n6
~ .. ·------
"Nin Win Win ~ CharilYnStale-7064 -9,410.DD
.I .
917 .56
>epc,eit D1104121122 0epoeil \' EIOL~ ◄99.9DCl.00 500,817.56
::lieck D1.11151202:? 20218 TBRU.C \ Rm -18,000.00 482,817-56
)epod 01/06l2022 Depcat •\ Bank ~ Charges 0,01 ~.1117.S7
• •1 • ~ · •• I • ••
2nd Installment
--·-·-...... ....._,. , -...-r•--·· ..................
OIJpollt 11211512Q22 Depoelt ~- EIOL.lolln 344,000.00 745.373.20
Cliedl 02/18l.2022 20235 TBRLLC
' Rent
-27,500.00 717,873.20
Funds from the Win Win Win EIDL loan used for:
Not an all inclusive list
fgulomlnt Pavments
Advertiainr Eg,ense
Date Payable to: Amount
pate Payable to: Amount
1/18/2022 Merrimack County Savinis $ 48,750.00
2/2/2022 Merrimack County Savings 52,500.00 3/18/2022 Corey Mcleod $7,500.00
2/14/2022 0 & DRefrigeration 1,964.44 4/15/2022 Peter0 10,000.00
2/14/2022 0 & 0 Refrigeration 2,033.21 4/25/2022 PeterD 20,000.00
3/31/2022 TCS 4,000.00 5/5/2022 Peter0 15.000.00
4/15/2022 D & D Refrigeration 22.976.72 7/8/2022 OM Industries 11,250.00
4/26/2022 Merrimack County Savings 80,600.00
1/31/2021 AMEX 4,739.39
6/11/2022 Sam'sOub 9,417.85
5/31/2021 cm 10,320.38
7/1/2022 loshV 10,000.00
2/28/2021 WeHsFargo 10,000.00
7/8/2022 Scott Seely 3,000.00
$ 235,242.22
$88,809.77
Win Win Win DBA Concord Casino Facebook Posts Regarding
2022 Expansion
< O Q. < O Q.
Posts
Concord Casino
AbOut Photos • Mentions Posts About
Concord Casino
Photos • Mentions
A Concord Casino ...
rf) Like O Comment
..-.._• Concord Casino
~ St,are
C)33
rf) Like O Comment
-4 Con1m~n l » ·1 Share
(!;;, Shara
V Aug23·0
,.,.~~0 •0
The carpet is here! We are g•tting ready to open
up on Main Street! More games, mO(e space, more
fun (and less stairs!!)
. - . , Concord Casino
'llllllliill'.11.1 ·,22 , 0
We are OPEN on MAIN STREET!
New TV's going up! We'll be on the Main Street
level soon!
Come and check out our
expansion and new games!
0 212 33 Comments 13 Shares
Opens ,n Messenger
·- · - ·~
G Co1T1n1e nt$ , Snare
rfj Like CJ Comment RShare
e 11o S1 ~ .ornl'r.ent:5lio 7 s~res ()93
ri) Like 0 corr,ment p Sha,... r/:) Like 0 Comment ~ Share
"Advertising Expense"
Upon review of the Transaction Register for Win Win Win, LLC dated April - May 2022 auditors observed
multiple advertising payments totaling $45,000 to a Peter D. Given the round amounts and the limited
description in the ledger, the auditors determined they should further review these payments.
Win Win Win Transaction Register:
Check 4/15/22 20261 Peter D Advertising -10,000.00
Cllecl< Q4/15121122 20280 D8DRe111gatalior. ..., E-nl ,22.976.72 (115,700.75
Check 04/15/20;!2 20281 Pel•D -ng -10.000.CIO IIOS,700.7S
tiopnlt CW1tll!aW2 0..-. ~Golnln{IR-"" 16,2f-8.00 621958]5
Check 4/25/22 20265 Peter D Advertising -20,000.00
Check 04iM22 20264 Jelll"'91e .... leasetddlmp~ -1,500.00 5&8,3&1.69
Check 04l25t'202'l m65 PeterO ~ Mlatisitg -20,Wl.OO 578,386.~
Depogl 04/261282'1 Deposit Net Gami~ Revenue 3,478.00 581,864.69
'
Check 5/5/22 20268 Peter D Advertising -15,000.00
Chect O&Ol/2022 Debit Trimusloc Pa}ffll Procesgng Fee -36.00 502,024.69
Check 05/05/2022 20268 Peter □
' Advertising -15,000.00 487,024.~
Check ~'06!2022 10392 Pool Aslorioo
',· -SPUT- .J11.17 400,641.52
Peter Dawe Payments
Auditors reviewed the handwritten check register from May- July 2022, which was provided by the GOE
Andy Sanborn as part of the requested source documents. Upon review of the source document auditors
determined the $15,000 check payment, check #20268 on 5/5/22 was payable to a Peter Dawe.
Oper-....+; JZOO tr:$'S'-(~
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"'~-P-i e;;, _,'J,,-;r,.,,=.__________ _ ;,,~- _r.; r . ?.-~• l
Peter Dawe Ow ns Dawes Motorsports Development
Auditors searched online and found a connection between.Andy Sanborn and Peter Dawe who is an owner of Dawe's
Motorsports Development out of Stroudsburg, PA. Andy Sanborn frequently mentioned to auditors he is a Porsche enthusiast
and he owns many sports cars, particularly Porsches.
1'1:28 •• I.Tl&:- ~--,_, 11:2a •• LTE il("-:\o
< Peter Dawe Q. < Dawe•s Motorsports Development
Peter Dawe
Dawe's Motorsports
~ Add Friend 0 Mes-ge Development
~_\'-: (t ~ wes r,,otorsPOr1 s
@ Worked at Oawe•s Motor...ports Porsche race enghiies. chassis tuning and
,..cstorations
Development
te'" Studied at County College of Morris 8 Foll o w
;<!!:" Went to Saint Bernard's High School
0 Page - Automotive Repair Shop
1l't Lives in Stroudsburg. Pennsylvania
~ 11 Foundry St Suite 107, Stroudsburg,
0 From Allentown. Pennsylvania l>A. United su,tes, Pennsylvania
• Divorced '- (570) 422-6848
See Peter's A.bout Info & Dawesmctorsports.com
____,_ _- - ' "~ "
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Mark•tol•oe 0.-1.lng ll•ff'II N•tltl0•1lon• ......,.._ ..........,. M•rt111111!:l'-~ • D•t4n9 -"••<II• ~,•ric•\A•~ ~l'l>V
Lease Submitted to NHLC for Licensing
Per the lease agreement on file with NHLC, rental payments are $6000/month.
The Lessor, The Best Revenge, LLC is owned by Andy and Laurie Sanborn.
5. RENTAL. Lessee shall pay to the Lessor rent, of one-twelfth (l/12) of the Annual Base Rent
of $6,000.00 in advance by the 17th day of each calendar month, without notice, set-off or deduction
whatsoever, for each full calendar month of the Term and a proration of such amount for the appropriate
fraction of a calendar month at the beginning and end of the Tenn. It is agreed by Lessee and Lessor the
Annual Base Rent defined below does not represent a rental rate per square foot of space, but rather it is
the rent to be paid for the premises, notwithstanding the precise square footage of the Premises. All
Payments of Annual Base Rent and all other payments due under this lease shall be made in immediately
available funds by check payable to The Best Revenge, LLC at its address set forth below, or to such
person or place as the Landlord shall designate by written notice to the Lessee:
Large Number and Amount of Rental Payments Paid to Another of
Licensee's Business' - The Best Revenge LLC ••
Rent Pa!t!!!ents to The Best Revl!nl!e UC
Date Amount
11/19/2021 $ 3,000.00
11/21/2021 $ 34,000.00
12/17/2021 $ 10,000.00
12/20/2021 $ S,000.00
12/21/2021 $ 22,500.00
1/5/2022 $ 18,000.00
2/18/2022 $ 27,500.00
3/l':,/2022 $ 25,000.00
4/15/2022 $ 30,000.00
4/1S/2022 $ 8,000.00
.
7/6/2022 $ 10,000.00
7/8/2022 s 25,000.00
8/14/2022 $ -- 20,000.00
-- - - -
10 fil9Jl!Q,~ of rent payments
$ 238,000.00 per ledger provided by licensee
Rent Also-· Paid to The Draft - No Lease on File
The Draft is a restaurant in Concord owned by the Licensee
Il WINWIN WIN UC
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Check# 20329 amount $20,000.00 dated 08/11/2022
Statement of Cash Flows -July, 1 2021- July 31, 2022
The Statement of cash flows provided by licensee for the period July 1, 2021 through July 31, 2022
shows a net loss for the period of $29, 445 and cash at end of period of $666,474, which indicates
if the licensee hadn't received the EIDL loan (incorrectly labeled here as PPP per the licensee), Win
Win Win would have had negative cash in the amount of $177,426 as of July 31, 2022.
it:51 PM Win Win Win LLC
)9/18/22 Statement of Cash Flows
July 2021 through July 2022
Jul '21 - Jul 22
Net loss for a 13
OPERATING ACTIVmEs
Netlncome -29,444.85 month period
Net cash provided by Operating ACtlYttln
INVESTING ACTIV1TIES
Leasehold Improvements
Equipment
-29.444.85
-28,528.94
-230,038.55
- demonstrates the
licensee was not
generating a profit
Net cash provided by lnvestlnr, ActlYltlea -258,567.49
FINANCING ACTIVITIES
Payroll Protection Plan 843,900.00
OWners Equity 23.031.73
Net cash provided by Flnanclnv ActMUes 866,931.73
Net cash Increase for period 578,919.39
Cash at lleglnnlng Of pe,lod 87,554.42
CQh at end of pedod tee,473.81
Payment Register as of August 29th , 2022
Provided by Licensee for Audit
Balance drawn down to $266, 288
:heck
::hedt
'rr
::tied&
Oam
08/26/2022
08/26121)22
~22
- Nurn
10491
10494
10497
Dustin Follme1
Midiael Giroux
Michelle MeAer
Name .._
-
Cir
•.
•
~
Wages
W;gts
W:ig9S
Split Amount
-i09.88
-281.09
-403.09
-
Balance
257 .2!i0.04
256,968.95
256,565.86
::heclc 08/26/2022 10498 lee Orkhvskyj Wagn -759.99 255,00S.87
:JledL 08/26/2022 10499 Belhan.,- Patten
'~ Wages -715.94 255.089.93
;heck 08/29,'2022 20333 Wm Win Win "' Charity 3nd Stale - 7064 -1.026.00 248,063.93
;heck 08/29/2022 20332 WinWin\\'in ,· Charity and State -7064 -2,292.00 245,771.93
)eposil
)aposit
08/2912922
08/29/2022
Deposit
Deposit
''
\
Ntt Gaming Re;,inue
Net Gaming Re<.-enue
S,010.00
15,506,.00
250,781.93
266.287..93
266.287_93 266,287.S3
Licensee Files with Secretary of State to Create a New Business
Per the Concord New Hampshire Planning Board Meeting Held on September 21, 2022, this entity is for
the purpose of purchasing land in Concord and building a casino, hotel and convention center
11". -~1 N E\V H Yvl PS J-l l I~ F Sf C R ~ f ,-\ R'i Cl f· '- ·r A f !:
··&' DI: l'\IU \'1 EN I Oi· STY[ [ Da\ lei [\I. Scanlan
(!)kt ·tollloN
Business Information
.1Busi..- ~~ils
Btis.....5 flan,e: COflCORD (OMMITh1EnT LLC i!usinos, ID: 888837
6~-.in°" Ty1M'; Do-no.ir Limil!id ~•bilitf Con'P«')" &,~ness Staru~ Good S:anding
M•na.;...n,ont ~t,'k>: Membor t.~.,;;
llusioen CrN!ioo Dale: 12/28/20.21 N,11,-.. ~ St41e cf Foin,atiOl'.':,1401 Avoi'liible
D.Jte of Fon1at,on In Jurisdi..:t-on·: U/A
Pnncip!ll Olfoa, Acdr~s: 71 E~le Or,,e_e..dford. tlH. 03110. USA. Maili,ig Add,ts!. 71 :.J91• °"'"'·Bedford. HH. 03110. USA
{',iJ,or..,hl;>; Sto!e of Forma1ion: D<>mml~•H..,.. Harnphife
l.a$I A~nu•I R•;,o•t Y•ar; WA
~,t P..p.:,rt Yeor. 2023
t"Uraffon: Perpe1111·
Bus,:-ffl Email: mayor.hoovilt.@9ffllll.com ~,ef:t-1011~
' - - - - - - - - -- --Not~!~io·•!!••il: mayor.f,ocv•He~gmail.cilffl ; 1su Yea,· Er.1 D~t~: l,IQ[J:
Prlndp•IPurpow
S.No NAICSCOd• NAICS Subcod•
1 !IHI l<tai. ar.d R.tnl.>1 ar.d ltawng Les•0<• ot r,onr..identia.l Build;ng• (exc'!>l Min,',V,M~hc,uws)
...,. ,_,,"_11ohf1
Principals lnformatron
Licensee Proposes New Gaming Facility and Hotel
to Planning Board
On September 22, 2022 the Concord Monitor published an article by Jamie Costa (Monitor Staff) in regards to
Andy Sanborn proposing a 43,000 square foot casino and entertainment venue in the city's east side. It was
determined Andy Sanborn attended the City of Concord planning board meeting on 9/21/2022 as Concord
Commitment, LLC to review the initial planning phases related proposed casino plans.
Partial Letter From Nicholas Golan of TFMoran Inc.
c,.,.I Eng1ttec,s
Structural Eng,neers
Tofl,e Englflccrs
Lind Survc:,i:>r~
Landsc~pe Ar<h1t1?Cl$
Scienthu
August 17. 2022
Heather R. Shank. Pl.A. AICP - City Planner
Concord City Hall
41 Green Street
Concord. NH 03301
RE: Preliminary Con«ptual Consultation
Proposed Hospitality Vrnur
J - 7 Break o• Day Dri,·e
Conc:ord, NH 03301
Tu: Map 46Z Lots 36 & J7
Dear Heather,
On bchaJ{ of our Client. Concord Commitment. LLC, and the Property Ch\11cr. Big Step. LLC, please find
attached materials a~sociatcd with a Preliminary ConccptUal Consultation for a proposed Hospitality Venue at
the above noted address. The phased development ~iU include a sit-down restaurant and lounge, charitable
gaming hall, brew pub. hotel. confcn:nce center and C\'cnts area. A comprchcnsi-1.-c dc,,·clopmcnt plan of the
prospective full site buildout has been provided with this submittal. as has the phase J site plm which includes
the charitable gaming hall with integral n:staurant. lounge and bar. ~ith space allocated for parkin~. access.
and stonnwatcr management.
Letter to the City of Concord Planning Board
Auaunn.2022
Clty 01 COIICIOld MH
"'-"ni"C lloord
,1 Gran 5Crett
CGncard Nlf, 03301
lie:.........., IDrC---, COnlnlltmeftt, U.C, 1 llrQkO'oa, °"""·
Membeuol the Bolfll:
Altadlff ID !hi$ letlef. ~ find our lnKJII sulJmlual seelli"IIDCllllllltUCl a - ~
dining. hospallty and hotel w:n.,. in enl Conaonl, on Bruk o• Oav drive lot yow tollSidetltioll
We ..,.veryeJldtedtol)rfteftl this apportunitytDcruw apt-p,opertya.. wekxme >i&nto u..,..,
CQffll"41 lv vt5i1 Ot Pllsm&tlwOU,t, Canalnifnm W WC$l Gr IIOflh.
We beliew: that today.~ east lld@ of Conconl rernam lafJ!IYUlldl!We!Oped and does not prOjKt au
that is 11mu;na about Concord wllen people come lfflm the wet, and we aim to lmp,o,,e that.
As ~ see in Gt her New Hampshire communities, we have an opportunity to make amaterial, positive
This plla5ed proc,osal wtn create an erdtlns o,er:,,11 -ue, -re residents end wlsillln un find 1,reH financial 1fflSll(tS wlh upwards of 72 local charitable 011an1zations. of which, real good c;in come,
food. IDr,aly btewed--, IM1m111ic,.alunQPPOftllfliCy IDpmeandulllfflllelva halelon t h • -
. - oftown,1.'!, nit,toff affl•lllt.
from-competillvepayln&l!ffll'loymellt~to lnctea.inf;ourlaullall~.Canmrd
we hope you look favorably on this project arid are there to help celebrate a grand openi" which
Cammitmtnt,. lltll-rl<inl, toensuretlllsdty In a,mn,ur,itywhete peopl1....,,.1Denj0ya ni1htoU1 shows both our commitment to Concord and our investment In helpirc our Community.
or arab a quid& bite oa the .,.,notltl,.t o ~ ~ ot home..
Glollally,ili1ourdesiN!to~1flcilitywtidlSIIY'~IQc.anc:ordNH,llleei\y,1nd~Suttof Best Reprtk and with wi~ of much suxess.
New H&mpst,ire. from a ~ enhanced wl1h 8irdl and Maple trees. u, • flCili'I' resnlnisocent or aur
trlditiONII mill bllildi,.._ wllleh hopeful Ir incl...ies an oppo,1u1111y to diStllaY an liUUllc Conclffll c-1\
In ti-. lobbr, - wtsh lo a,lebratuli lhinp New Hlm!"h.-e, Andy and Laurie Sanborn
Our lnlfflOf dtSIID""'ahotacus DC\ ac1om-. eKh "'°"'
lndMalalt in • ._., t o - Ille best of
A7"( ~ SwlfJ(,
historic.I New H..,i,shire and the ~ r v • -and ,,.,urat ,..1u,.. 111a1 malie-c;ty and
smelh<!besL
As multl-pneratiOMI N...., 111mpSllir1 n - , we are .,.er to pay honug,, to .. u.. things- love and
-l•ntaoui wt,y- convnimdt<> Mew KarnplhirundConcord, We embrace°"'"""" topve bad< ManacJfl Partners
10 our """"""'lty and see no better way to do so, than opentin& aehalitlllle (;amlntCDftSU~
Concord ComrnitmM, tlC
business. E,,ery d11y, - have fun. ra1'""'1 rroe>Mf fer - HampshiN! ~ Me'nmadt COUnty dlatlties.
Payments from Win Win Win Potentially Made for
Break O Day Drive Initiative
Auditors reviewed the handwritten check register submitted by the Licensee for audit. Upon review, auditors
noted a $14,600.00 check payment, check #20305 to Geotechnical Services and a $14,206.78 check payment,
check #20315 to TF Moran, 48 Constutional Drive, Bedford, NH. It should be noted there is a Geotechnical
Services Inc., 55 North Stark Highway, Weare, NH but it is unknown if this was the company utilized as part of
this project. The memo notes "boring.., which is part of their services.
,_,,,. .... ,.. ~ ,. • -- - _!._____~ - ~ -~ ---..:"' ~ •
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Other Notable Items:
Win Win Win Received Payroll Protection Program {PPP) Payments and a Main Street Relief Fund
Payment:
$29,478 PPP loan was forgiven in December of 2020
$29,466 PPP loan was forgiven in August of 2021
$286,683 was a State of NH grant and need not be repaid
The Draft also received PPP loans that were forgiven.
APPENDIX 6
301
APPENDIX 7
KMAN RACING, LLC
KMAN RACING, LLC was registered on Jun 12 2015 as a domestic limited liability company
type with the address 10050 Buice Rd, Johns Creek, GA, 30022, USA. The company id for
this entity is 15062714. The agent name for this entity is: Stephen F. Kaney. The entity's
status is Active now.
Kman Racing, Lie has been operating for 7 years 3 months, and 21 days since it registered.
Entity ID Number
15062714
Entity Name:
KMAN RACING , LLC
Entity Type:
Domestic Limited Liability Company
Date of Formation:
Jun 12 2015
Status:
Active
City:
Johns Creek
Office Address:
10050 Buice Rd, Johns Creek, GA, 30022, USA
Registered Agent Name:
Stephen F. Kaney
Agent Address:
10050 Buice Rd., Johns Creek, GA, 30022, USA
Last Annual Registration Year:
2020
updated on
2020-08-20
Website
Website
Other companies with agent name Stephen F. Kaney
Company Name
Date of Incorporation
Status
REDLINE FINANCIAL L.L.C.
2004-05-24
Active/Compliance
KANEY CAPITAL, L.L.C.
2005-07-25
Active/Compliance
KV Capital, LLC
2019-08-27
Active/Compliance
Companies Name Start With KMAN
• KMAN ENTERPRISE LLC
• Kman Express LLC
• KMAN RACING, LLC
APPENDIX 8
10/3/22.11 :15AM Dagan Motorcars
DAGA~ MOIORCARI
Welcome to Dagan Motorcars.
We specialize in newer, high quality used executive and exotic sports cars, plus a fine antique from
time to time. We offer specialized concierge services in locating that specific auto, at your specific
price and quality level. Please drop us a note, and let us find your next motorcar.
And.y@Q~ganMotorcars.com
603-682-1165
daganmotorcars.com f/1
APPENDIX 9
From: Angela MStrozewski
To: MicbJ!Ue Driscoll
Subject: FW: Andy Sanborn
Date: Wednesday, February 9, 2022 3:25:09 PM
From: Linda J Lorden
Sent: Wednesday, February 9, 2022 3:20 PM
To: Angela M Strozewski <angelas@nhmutual.com>
Subject: FW: Andy Sanborn
FYI see below. It sounds like he recently sent two large wires at $SOK to individuals that he said was
for equipment, but staff seems to think otherwise and perhaps it was winnings.
Warm regards,
Linda J. Lorden
President
Merrimack County Savings Bank
www themerrimack.com
11orden@themerrjmack.com
603.223.2706
89 North Main Street, Concord,NH 03301
Recent Awards:
Best Bank, Union Leader Readers' Awards, 2021
Best Bank, Capital Area People's Preference Awards, 2010-2021
This e-mail iS intended solely fOI" the person or entity to which it is addressed and may contain confidential and/or privileged
information. Any review, dissemination, copying, printing or other use of this e-mai! by persons or entities other than the
addressee is prohibited. If you have received this e-mail in error, please contact the sender 'immediately by cal.ing the
numbers above and delete the material from any computer which it Is on.
From: Mary Lynne Rahlson
Sent: Wednesday, February 9, 2022 2:54 PM
To: Linda Lorden <llorden@themerrimack com>
Cc: Angela M Strozewski <angelas@nhmutual com>
Subject: RE: Andy Sanborn
The decision was not to allow a "high risk business" Concord Casino to engage in online wires
that would not be going to a repetitive beneficiary. The rec1uest went from Retial BSR to
Business Development and l\1ichelle Driscoll with the recommendation that we not engage in the
activity. I flgreed, since he is less than a 5 minute walk to the nearest Bank office.
I just left Gregg a voice mail as well .... Yes it was Andy and he was quite difficult. He thinks I'm
mdc and arrogant .... T responded that I was trying to be clear with his mode of inquiry.
He was rcluct.ant to give the reason for the past two wires, said that we didn't need an address for
the beneficiary and overall was difficult with Jennifer about the process. He claims she made a
111istake nnd sha claimi- he gave her wrong information un the first set of ',\,i.rc instmctions.
He has a history of being a very difficult customer and makes the staff C]ttitc uncomfortable with
his demands.
From: Linda J orden
Sent: Wednesday, February 9, 2022 2:43 PM
To: Mary Lynne Rahlson <rocablsoo@themerrjmack com>
Cc: Angela M Strozewski <aogelas@nhmutual,com>
Subject: FW: Andy Sanborn
ML - Can you remind me of the decis"on that was made for Andy Saiborn and wire transfers. Please
see Gregg's email below.
Warm regards,
Linda J. Lorden
President
Merrimack County Savings Bank
www.themerrjmack com
Horden@themeccimac;k com
603.223.2706
89 North Main Street, Concord,NH 03301
Recent Awards:
Best Bank, Union Leader Readers' Awards, 2021
Best Bank, capital Area People's Preference Awards, 2010-2021
This e-mail is mtended solely fo, the person or entity to which it is addressed and may contain confidential and/or privileged
Information. Any review, dissemination. copying, pr1nt1ng or other use of this e·mail by persons or entities other than the
addressee is prohibited. If you have received this e-mail in error, please contact the sender immediately by calUng the
numbers above and delete the material from any computer which it is on.
From: Gregg R Tewksbury
Sent: Wednesday, February 9, 2022 2:35 PM
To: Linda J Lorden <llorden@themerrjmack.com>; Angela M Strozewski <angelas@nhmutual com>
Subject: Andy Sanborn
Hi Linda and Angela,
I received a voicemail from Andy Sanborn about his inability to initiate wires due to being too
high risk and is looking for me to call him back. I suspect it's due to his casino business. I
welcome your thoughts on responding to him.
My best,
Gregg
Gregg R. Tewksbury
President and CEO
New Hampshire Mutual Bancorp
Affiliates:
Meredith Village Savings Bank
Merrimack County Savings Bank
NHTrust
Savings Bank of Walpole
atewksbuey@nhmutuaJ ,com
Direct: 603.223,2695
Cell: 603,398.6976
This e-mail is intended solely for the person or entity to which it is addressed and may contain
confidential and/or privileged information. Any review, dissemination, copying, printing or
other use of this e-mail by persons or entities other than the addressee is prohibited. If you
have received this e-mail in error, please contact the sender immediately by calling the
numbers above and delete the material from any computer which it is on.
APPENDIX 10
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APPENDIX 11
COMMERCIAL LEASE AGREEMENT
September 17, 2018
The Best Revenge, LLC
And
Win Win Win, LLC
• l
LEASE AGREEMENT
. THIS LEASE ~GREEMENT (the "Lease") is made and entered into this 17th day of September,
2018 in Conco~ M~m~~k Co~l?'! New Hampshire by and between The Best Revenge, LLC, (TBR,
LLC) a New Hampshire limited hab1hty company hereinafter referred to as "Lessor" or Landlord" and
Win Win Win, LLC a New Hampshire limited liability company hereinafter referred to as ''Tenant" or
"Lessee."
WITNESSETH:
THAT in consideration of the mutual promises and undertakings herein after set fonh, the parties
hereto covenant and agree as follows:
1. DESCRIPTION. Lessor does hereby grant, lease and de~ise unto Tenant, and Tenant hereby
agrees to take from Lessor, and hereby does take from Lessor, a portion of the premises situated at 67
South Main St, Concord, New Hampshire, hereinafter referred to as the demised premises
2. SIGNAGij, Tenant will provide its own signage both for the interior and exterior of the
building, provided that all said signage confonns to the general architectural form and design of, and is in
harmony with, the building, and conforms to applicable ordinances, codes, and regulations. and provided
the Tenant obtains all necessary approvals and pennits
3. BASIC TERM: The tenn ("Term") of this Lease shall be for a period of Five (S) years ftom
September 17, 20 I8. unless extended or earlier terminated as provided herein. Tenant may request the
lease to be renewed no later than 180 days before the expiration of this lease, TIME BEING OF THE
ESSENCE. Upon written confinnation of Tenants intent to renew, this lease is being made with 2 •
(Two) options of 3 (Three) years.
4. QUIET POSSESSION, Lessor covenants and warrants that it has the full right and lawful
authority to enter into this Lease for the full Tenn hereof, and for all extensions herein provided, and that
it is lawfully seized of the entire premises herein demised and has good title thereto free and clear of
tenancies. liens and encumbrances, except real estate mortgages of record. Lessor further covenants and
warrants that ifTenant shall discharge the obligations herein set forth to be perfonned by Tenant, then
Tenant shall have and ertjoy during the Term hereof the quiet and undisturbed possession of the demised
premises.
S. RENTAL. Lessee shall pay to the Lessor rent, of one-twelfth (1/12) of the Annual Base Rent
of $6,000.00 in advance by the 17th day of each calendar month, without notice, set-off or deduction
whatsoever, for each full calendar month of the Term and a proration of such amount for the appropriate
fraction of a calendar month at the beginning and end of the Term. It is agreed by Lessee and Lessor the
Annual Base Rent defined below does not represent a rental rate per square foot of space, but rather it is
the rent to be paid for the premises, notwithstanding the precise square footage of the Premises. All
Payments of Annual Base Rent and all other payments due under this lease shall be made in immediately
available funds by check payable to The Best Revenge. LLC at its address set forth below, or to such
person or place as the Landlord shall designate by written notice to the Lessee:
6. PROPERTY EXPENSES. Tenant shall pay monthly, as additional rent, all expenses of the
demised premises for the Tenn of this Lease. Tenant shall pay all taxes upon its signs, trade fixtures and
other property in or upon the demised premises. Tenant is responsible for paying al I expenses to maintain
the property, to be paid as additional rent. These expenses include, but are not limited to plowing,
maintenam:e, trash removal, water, sewer, management, insurance and such other property maintenance,
repair, and operating costs (where applicable) associated with maintaining and operating the demised
premises.
7. NO WASTE. Tenant shall not make or suffer any strip or waste on or of the demised
premises.
8. TENANT'S RISK AND LCABJLITY. The Tenant agrees to use and occupy the demised
premises at the Tenant's sole risk; and to the fullest ox.tent permitted by law. The Lessor shall have no
responsibility or liability for any Joss of or damage to fumishin~, fooures, equipment or other personal
property of the Tenant, or of those claiming by, through or under the Tenant Tenant agrees to save and
hold Lessor harm Iess from any and aJI liability for personal injury or damage to persons or property upon
the demised premises, or at any entrances thereto or exits therefrom, reason of any act or omission of
Tenant. Tenant agreeing to indemnify Lessor against such liability (providing there is no act of gross
negligence or intentional misconduct by the Lessor) and in connection therewith to procure, pay for and
maintain general liability insurance covering Tenant and Lessor.
9. SUBORDINATION. This Lease shall be subordinate to all existing and future mortgages and
to all modifications. extensions and any replacements thereof as may be held by any bank or any lending
institution which may presently or hereafter encumber the leased property. Tenant shall execute any
document required to indicate such subordination which Lessor shall submit to Tenant or as otherwise
customarily required by mortgage lenders. If Tenant shall fail at any time to execute and deliver such
documents, Lessor, in addition to any other remedy available to it including. without limitation,
termination of this Lease. may execute and draft such documents as the attorney-in-fact of the Tenant, and
Tenant hereby constitutes Lessor. it successors and assigns, such attorney-in-fact solely for the purposes
recited in this paragraph.
10. UTILITIES. Tenant shall pay all expenses for telephone, electricity. heat, Internet, air
conditioning. and any and all other utilities used by Tenant on or in connection with the demised premises
as additional rent. Except as specifically set out herein, the Landlord shall have no responsibility or
liability for failure or interruption of any of the above-described utilities or services.
11. INTERIOR. Tenant shaJI keep the interior of the demised premises in such repair, order,
cleanliness and condition as the same as at the commencement of this lease, reasonable wear, tear and
depreciation, and fire or other unavoidable casualty excepted. Tenant is required to maintain the demised
premises and evecy part thereof, including, but without limitation, all walls, floors. and ceilinp, heating
and air conditioning systems, electrical, fixtures and equipment within the demised premises, all glass,
windows, doors. and like. Tenant shall not be under any obligation to make any repairs or alterations to
the foundation. or structural columns of structural beams of the demised premises.
J2. EXTERIOR. Tenant shall keep the exterior of the demised premises in such repair, order and
condition as the same are atthe commencement of this Lease, reasonable wear and tear, and depreciation,
and fire or other _unavoidable casualty excepted.
13. INSPECTION AND ALTERATIONS. Landlord may enter the demised premises to inspect
the same, to make repairs or alterations that are the Landlord's responsibility. to show the property of
which the demised premises are a part to prospective brokers, agents, purchasers, tenants or others, and
conduct any other function or activity pennitted herein. Landlord•s entry into the demised premises shall
generally be with advance notice to Tenant and during nonnal business hours; provided, however,
Landlord may enter the demised premi~s in an emergency at any time and without notice.
14. NO OFFENSIVE TRADE. Tenant covenants that it will not canyon upon the demised
premises any unlawful. improper or offensive trade or business, not do any act or transact any business by
which the insurance rating upon the building may be increased. Tenant will save Lessor harmless from
all increases in insurance rates brought about by reason of any unlawful, improper or offensive trade or
business canied on by Tenant on the demised premises.
I 5. ASSIGNMENT. SUBLETTING. Tenant agrees that it will not assign. mongage, pledge or
otherwise encumber this lease or any interest therein, or sublet the whole or any part of the demised
premises without the prior written consent of Landlord. Said consent shall be in the sole discretion of
Landlord. Any potential sulrleases shall have an acceptable credit history. financial position, be
presently credit worthy and of good character, and be engaged in a commercial enterprise consistent with
and appropriate for the demised premises.
16. HOLDOVER, If Tenant holds over after the expiration of this Lease. without the expre~
written consent of Lessor, such holding over shall be considered an at-will tenancy only on a month-to-
month bases, at one and one-halftimes (1 ½) the highest rate payable during the previous year of the
Term or Extended Tenn, as the case may be.
17. DESTRUCTION OR DAMAGE. It is mutually agreed between the parties that, if, during
the Tenn, there shall be partial damage to the building by fire or other casualty and if such damage shall
materially interfere with the Tenant's use of the demised premises as contemplated by this Lease, the
Lessor shaJJ promptly proceed to restore the building to substantially the condition in which it was
immediately prior to the occurrence of such damage. If the demised premise shall be so damaged by fire,
flood, or other casualty as to render the same totally untenantable, Tenant or Lessor may, at its option,
terminate the Lease by giving notice to the other party in writing. In the event that the demised premises
shall be damaged by fire, flood or other casualty not rendering them totally untenantable but rendering a
ponion of them untenantable, there shall be a proportional abatement of rent based upon the location of
said damage and the relative size of the portion of the demised premises in untenantable condition. Such
abatement shall continue until premises are put into tenantable condition. In no event shall the Lessor
have any obligation to make any repairs or perform any restoration work if prevented from doing so by
reason of any cause beyond its reasonable control, including, without limitation, the requirements of any
applicable laws, codes, ordinances, rules and regulations. Further, the Lessor shall not be obligated to
make any repairs or perfonn any restoration work to any fixtures in or portions of the demised premises
or the building which were constructed or installed by or for some party other than the Lessor or which
are not property of the Lessor.
18. DEFAULT BY TENANT, (1) If Tenant shall default in the payment of rent or other
payments required of Tenant, and such default shall continue for ten { I0) days following the due date, or
(2) if Tenant shall default in the performance or observance of any other agreement or condition on its
part to be perfonned or observed and if Tenant shall fail to cure said default within Ten ( I0) days after
receipt of notice of aid default from Lessor, or (3) if any person shall levy upon, or take the Tenant's
leasehold interest or any part thereof upon execution, attachment or other process of law, or (4) if Tenant
shalJ make an assjgnment of its property for the benefit of creditors, or (5) if Tenant shall be declared
bankrupt or insolvent according to law, or(6) if any bankruptcy or insolvency proceedings shall be
commenced by or against Tenant, or (7) if a receiver, trustee or assignee shall be appointed for the whole
or any part of Tenant's property, Lessor may. immediately or at any time thereafter {notwithstanding any
license. consent or waiver of any fonner breach); (i) without demand or notice, in person or by agent or
attorney, enter the demised premises, or any part thereof, and repossess and terminate the leasehold estate
herby granted and/or (ii) tenninate this Lease by written notice to Tenant; and in either event. expel the
Tenant and those claiming through or under it, and remove their effects (forcibly, if necessary). without
being deemed guilty ofany manner of trespass and without prejudice to any remedy which otherwise
might be available for arrears of rent or breach of covenant; and upon entry or notice as aforesaid this
L~ shall tenninate and the Lessor, in addition to all other remedies which it may have at law o; in
equity, shall have such further remedies as proved in this Section 18 and in Section 19. Whether or not
Lessor elects to exercise its other rights and remedies under this Lease. if any payment of rent or any
other payment payable thereunder by Tenant to Lessor shall not be paid when due, the same shall bear
interest from the date when the same was payable until the date paid at the lesser of (a} eighteen percent
(18%) per &Mum or(b) the highest lawful rate of interest which Lessor may charge to Tenant wjthout
violating any applicable law; and, in the event any payment of rent is not paid within five (S) days of the
due date, Tenant agrees to pay a late fee of$ I50.00 for each such late payment in addition to the rent
amount due. (The late fee requirement shall in no way modify or stay Tenant's obligation to pay rent
when it is due.) ln the event a check received by Lessor from Tenant shall be dishonored, Tenant agrees
to pay a nonsufficient fund fee in the amount of $50.00 in addition to the rent or other amount due. In the
event that two (2) or more of Tenant's checks are dishonored, Lessor shall have the right, in addition to all
other rights under this lease. to demand all future payments by certified check or money order.
19. COVENANTS IN EVENT OF TERMINATION. Tenant covenants that in case of any
termination of this Lease, by reason of default of Tenant, then:
a. Tenant will forthwith pay to Lessor as damages hereunder a sum equal to the amount by which
the rent and other payment called for hereunder for the remainder of the Tenn or any extension or renewal
thereof exceed the actual rental income of demised premises for the remainder of the Tenn or any
extension or renewal thereof;
b. Tenant covenants that it will furthennore indemnify Lessor from and against any loss and
damage sustained by reason of any tennination caused by the default of or breach by Tenant under this
Lease. Lessor's damages hereunder shall include, but shall not be limited to, any loss of rents accrued but
unpaid prior to termination, reasonable broker's commission for the re-letting of the demised premises,
advertising, cost, the reasonable cost incurred in cleaning and repainting the demised premises, in order to
re-let the same and moving and storage charges incurred by Lessor in moving Tenant's belongings and
reasonable attorneys fees and costs incurred by Lessor with regard to any eviction proceedings and/or
enforcement of Lessor' rights hereunder; and
c. Lessor shall also be entitled to any and all other remedies available at Jaw and equity. All
rights and remedies are to be cumulative and not exclusive. In exercising any of its remedies set forth
hereunder or otherwise reserved to it, Lessor agrees that it will take reasonable steps to mitigate the
damages caused by Tenant's default.
20. PEACEABLE SURRENDER. Tenant will peaceably give up the demised premises to
Lessor at the tennination or expiration of this lease or any extensions thereof in as good condition and
order as the same as the commencement hereof or may be put to by Lessor.
21. TENANT IMPROVEMENTS. Any and all improvements will be at the Tenant's sole cost
and expense, and must be presented to and expressly approved in writing by Lessor. All construction
improvements must be perfonned by licensed contractors and all work to all applicable Code
requirements. Te11ant is liable for the completion of any and all approved improvements to the demised
premises. Tenant will provide to Lessor, a perfonnance Bond covering all work to be performed on the
premises in any amount over $20,000. Upon the tennination of this Lease, or any extension thereof, any
and all improvements, alterations or modifications which are affixed to the Lessor's real estate, and
nonnally considered to be part of the Lessor's real estate, shall become the property of the Lessor. This
includes, but is not limited to, ceilings, flooring, carpeting, heating, cooking/exhaust hoods, air
conditioning. shelving (which shelving is affixed to the Real Estate), partitions, walls, wall coverings and
the like. It is expressly agreed to by Lessee that all Lessee's improvements shall remain the property of
Lessor.
22. CONDEMNATION. In the event the demised premises. or any part thereof. shall be taken
by condemnation or other similar proceedings. or acts of federal, state, county, municipal or other
governmental. public or quasi-public or utility purpose, then and in such event, Lessor or Tenant may, at
its election. tenni1J8te the tenn of this Lease by giving the other notice of the exercise of its eJection
within sixty (60) days after it shall receive notice of such event, and rent shall be apportioned and
adjusted as of the time of termination. In the event that this Lease shall not terminate by virtue of such
taking. all of the terms and provisions of this Lease shaJI remain in full force and effect, except that rent
shall be proportionally adjusted based on the portion of the demised premises subject to any partial
taking. The Lessor shall have and hereby reserves and excepts. and the Tenant hereby grants and assigns
to the Lessor, all rights to recovery for damages to the Lessor's building, lot and the leasehold interest
hereby created, and to compensation accrued or hereafter to accrue by reason of such taking or damage,
as aforesaid. The Tenant covenants to deliver such funher assignments and assurances thereof as the
Lessor may from time to time request, hereby irrevocably designating and appointing the Lessor as its
attorney-in-fact to execute and deliver in the Tenant's name and behalf all such further assignments
thereof. Nothing contained herein shall be construed to prevent the Tenant from prosecuting in any
condemnation proceedings a claim for the value of any of the Tenant's usual trade fixtures installed at the
demised premises by the Tenant at the Tenant's expense and for relocation expenses, provided that such
action shall not aq'ect the amount of compensation otherwise recoverable hereunder by the Lessor from
the taking authority.
23. NOTICES. All notices required to be given herein to either party shall be given in writing
either in hand or by depositing the same in the United States mail, postage prepaid, certified mait return
receipt requested, addressed as follows:
To Lessor. The Best Revenge, LLC
71 Eagle Drive
Bedford NH 03110
To Tenant: Win Win Win. LLC
67S. Main St
Concord NH 0330 J
Notice shall be effective when delivered by hand or when deposited in the United States mail.
24. SUCCESSORS, ASSIGNS. ETC. This agreement is binding upon and shall inure to the
benefit of the heirs, executors, administrators, successors and assigns of the parties.
25. SECURITY DEPOSIT. Upon execution of this Lease, the Tenant shall pay to the Lessor the
amount of SO. as a security for the Tenant's perfonnance as herein provided. If Tenant is in default,
Landlord can use the security deposit. or any portion of it, to cure the default or to compensate Landlord
for all damage sustained by Landlord resulting from Tenant's default. Tenant shall immediately on
demand pay to Landlord a sum equal to the portion of the security deposit expended or applied by
Landlord as provided in this section so as to maintain the security deposit in the sum initially deposited
with Landlord. If Tenant is not in default at the expiration or termination of this Lease, Landlord shall
return the security deposit to Tenant
26. CHANGES, MODIFICATIONS. Any changes or modifications will only be valid upon
written agreement between both parties, or a writing signed by the party against which enforcement is
sought. duly authorized and notarized.
27. BROKER. None.
28. HAZARDOUS MA TERJALS. Tenant covenants and agrees not to suffer, pennit, introduce or
maintain in, on or about any portion of the demised premises or the Lessor's real estate any asbestos,
poJychlorinated biphenyls, petroleum products or any other hazardous or toxic materials, waste and
substances, the use or quantity of which is in any way regulated by any federal, state or local laws, rules
or regulations, whether now or hereafter existing, or any judicial or administrative interpretation thereof,
collectively the "Haz.ardous Materials. 11 Tenant further covenants and agrees to indemnify, protect and
save the Lessor harmless from and against any and all damages, losses, liabilities, obligations, penalties.
claims, litigation, demands, defenses, judgments, suits, proceedings, costs and expenses of any kind and
nature whatsoever, including, without limitatio~ reasonable attorney's fees and expert's fees and
disbursements, which may, at any time, be imposed upon, incurred by or asserted or awarded against the
Lessor and arising from or out of any Hawdous Materials o~ in, under or affecting all or any portion of
the demised premises, building or the Lessor's rea1 estate as a result of the Tenant's actions or inactions or
vio1ation of the tenns of this Lease including, without limitation, the costs of removal of any and all
Hazardous Materials, additional costs required to take necessary precautions to protect against the release
of Hazardous Materials and any costs incurred to comply with the Huardous Materials laws.
IN WITNESS WHEROF, Lessor and Tenant have caused this Lease to be executed as a sealed
instrument as of the day and year first above written.
In the presence of: The Best Revenge, LLC
By: t[IJ'}~
Anthony ~Manager/member
Tenant:
Win Win Win, LLC
By: t l f t J f u
Anthony M. Sanborn, Manager/member -
The Best Revenge, LLC
71 Eagle Drive
Bedford, NH 03110
December 15, 2020
NH Lottery commission
14 lntegra Drive
Concord, NH 03301
To Whom It May Concern:
Please be advised that The Best Revenge LLC is aware that charitable gaming is taking place at this
establishment.
If you have any questions or need additional information, please don't hesitate to contact me.
All the best,
Anthony M. Sanborn, managing member
APPENDIX 12
City of Concord
•
Wednesday, Septrmbtr 21, 2022
Agenda
Planning Board
7:00PM City Council Chambers
37 Green Street
Com:ord, NH 03301
1. Call to Order
2. Roll Call
3. Approval of Meeting Minutes
August 17, 2022 - Planning Board Minutes
Attachments: Minutes
4. Agenda Overview
5. Determination of Completeness
SA. Granite State Credit Union requests a Major Site Plan approval for expansion of a
parking lot, including the addition of four drive through teller lanes at 311 Sheep
Davis Road in the Gateway Performance (GWP) District. (2022-58)
Attachments: Repo11
Plans
Supplemental
6. Desie n Review Applications by Consent
6A. Sousa Signs, on behalf of US Cellular, requests ADR approval for the replacement of
an intemally-illuminated freestanding sign panel and an internally-illuminated wall sign
at 240 Loudon Road in the Gateway Performance (GWP) District.
Attachments: Application
68. Spirit Halloween requests ADR approval for three (3) new wall signs at 271 Loudon
Road in the Gateway Performance District (GWP).
Attachments; Application
Public Hearings
7. Design Review Applications
Ci1y of Concord P•1el Prinll<III 011 9/20/lOJZ
Pla■ ning Board Agenda September 21, 2022
7A. Claude Gentilhomme, on behalf of LLC, Berat, requests ADR approval for fayade
changes to 58 North Main Street in the Central Business Performance (CBP) District
(2022-60).
Attachments: Application
8. Site Plan, Subdivision and Conditional Use Permit Applications
8A. Granite Engineering, LLC, on behalf of Fifteen lntegra Drive, LLC (Pitco), requests
an extension to a Major Site Plan approval for 15 lntegra Drive in the Industrial (IN)
District. (2021-34)
Attachments: Request
8B. Tarbell & Brodich, PA, on behalf of EWT 54, LLC, requesting a Conditional Use
Permit, (CUP) for the use of a restaurant at 72 Washington Street in the
Neighborhood Commercial (CN) District. (2022-28)
Attachments: Report
Plan
Supplemental
8C. Robert Degan, LLS, on behalf of Brett Halsey at 444 Josiah Bartlett Road, and Cyril
and Maxine Halsey & David & Cherryl Pearl at 442 Josiah Bartlett Road, requesting
a Minor Su~ivision for a lot line adjustment between their two properties in the
Medium Density (RM) District. (2022-51)
Attachments: Report
Plan
Supplemental
8D. Tighe & Bond, Inc, on behalf ofEversource, requesting Minor Site Plan approval for
construction of a gravel access road and pad site and Conditional Use Permit (CUP)
approval for the utility use at Garvins Falls Road in the Office Park Perfonnance
(OFP) and Medium Density (RM) Districts.
Attachments: Reports
Plans
Supplemental
SE. Wilcox & Barton Inc., on behalf of Calvert Ridge 6 LLC, requesting Minor Site Plan
approval for additional parking area at 52 Loop Road in the Open Space Residential
(RO) District.
Pace2 Prlllltll "" 9120/2022
Planning Board Agenda Septe11J.ber 21, 2022
Attachments: Reports
Plans
Sum,Iemental
8F. TF Moran, Inc, on behalf of Interchange Development LLC, requesting a Preliminary
Design Review for a mix of uses, including urgent care, medical office, retail, and
restaurant for property off Whitney Road in the Gateway Performance (GWP)
District.
Attachments: Reports
Plans
Supplemental
80. TF Moran, Inc, on behalf of Big Step LLC, requesting a Preliminary Design Review
for a hospitalisty use, consisting of a gaming hall and restaurant/bar for property off
Break O' Day Drive in the Gateway Performance (GWP) District. (2022-59)
Attachments: Report
Plans
Architectural Renderings
Narrative
Traffic Scoping Proposal
Wetland Report
8H. Wilcox & Barton Inc., on behalf of Morrill Mill Pond LLC, requesting Major Site
Plan approval for structures of approximately 2200 sf and 2300 sf for the purpose of
a restaurant with drive through and retail space at IO Whitney Road in the Industrial
(IN) District. Applicant requests to postpone to the October 19, 2022 Planning Board
meeting.
81. Kalapa Realty Trust, LLC requests Major Site Plan approval and Minor Subdivision
Approval for an age restricted residential development consisting of attached
condominium units, along with a Conditional Use Pennit (CUP) for disturbance to a
wetland buffer at 61 Borough Road in the Single Family (RS) and Medium Density
(RM) Districts. Staff recommends tabling the application.
9. Other Items
9A. Referral from City Council regarding a request from the US Army Natinal Guard
(USARNG) for a discontinuance of the dead end portion of Pembroke Road.
Attachments: Report
Plan
Reguest
City .rcoacon Pri•led o• 9/ltll022
Planning Board Age■da September 11, 1011
Other Business
I 0. Any other business which may legally come before the Board.
Adiournment
Information
Info. September 6, 2022 - Architectural Design Review Committee Minutes
01
Attachments: Minutes
Next regular monthly meeting is Wednesday, October 19, 2022
Note: To review meeting agendas please visit the City's Website, www.concordnh.gov,
or view the notice posted at City Hall.
All City of Concord public meetings are accessible for persons with disabilities. Any
person who feels that he or she may be unable to participate in a City of Concord public
meeting due to a disability should, to the extent possible, call (603) 225-8515 at least 48
hours prior to the meeting so that a reasonable accommodation can be arranged.
For meetings held in the City Council Chambers, any person who is unable to access the
upper level of the Council Chambers to address the City Council or any other public
body may use the podium and/or microphone located at the lower level of the Council
Chambers. Other reasonable accommodations may be available upon request.
City of Coa•onl Prinlt4 oa 9/20l20Z2
EXHIBIT 12
New Hampshire Lottery Commission
Win Win Win, LLC OBA Concord Casino
Audit Period: May 1, 2022 - July 31, 2022
General Information:
Legal Name: Win Win Win, LLC
DBA: Concord Casino
Game Operator Employer (GOE): Anthony Sanborn
Games of Chance (GOC) activity reported to the New Hampshire Lottery Commission (NHLC) for the
audit period:
Table/Pit Games $189,418
Tournaments Gross Revenue $43,293
Tournaments Net Revenue $14,559
Cash Poker $4,276
Charity Allocation (after rent) $36,729
State Tax: $20,668
Audit Objective:
To detennine if the game room, in accordance with all applicable State of New Hampshire statutes and
administrative rules, accurately and appropriately:
• Computed, reported, and timely submitted GOC Monthly Financial Reports (MFRs) and taxes to
theNHLC.
• Computed and timely submitted the charitable organizations' share of gaming proceeds.
• Adhered to internal control procedures that properly captured and documented GOC transactions.
Audit Scope and Methodology:
The audit scope was limited to GOC activities conducted by the GOE for the period May 1, 2022 through
July 31, 2022. Audit procedures were performed to obtain an understanding of the internal controls over
gaming operations and to determine adherence to recordkeeping and reporting requirements.
Through inspection, observation and inquiry, auditors performed the following procedures:
• Reviewed State of NH statutes and administrative rules applicable to GOC.
• Obtained an understanding of the internal control environment to determine areas of risk.
• Performed onsite fieldwork and held meetings with staff to observe and inquire about GOC
operations.
• Reviewed source documents including daily transaction records, financial statements, bank
statements, and other documents submitted by the GOE.
• Reviewed and tested MFRs submitted by the GOE to ensure compliance with all State of NH
statutes and administrative rules applicable to GOC.
Page 1 of 7
New Hampshire Lottery Commission
Win Win Win, LLC OBA Concord Casino
Audit Period: May 1, 2022 - July 31, 2022
OBSERVATIONS, RECOMMENDATIONS, AND AUDITEE RESPONSES:
Observation #1: Financial Statements Submitted for Audit Raised Significant Concerns
The observation regarding Win Win Win's financial statements submitted for audit is related to Lot
7206.08(e), "General accounting records shall consist of controls established to safeguard assets and
ensure accurate and complete records of all transactions pertaining to gaming revenue and activities of
operational accountability that: Record gaming activity transactions in an accounting system to identify
and track all revenues, expenses, assets, and liabilities; Produce financial statements to include, at a
minimum, an income statement and a balance sheet; Produce appropriate subsidiary ledgers to support the
balance sheet; Prepare, review, and maintain accurate financial statements; Prepare minimum bankroll
calculations in accordance with Lot 7207.04(p); and Maintain and preserve all financial books, records,
and relevant supporting documentation." • ,.
At the commencement of the audit, a document request list wasproviqed to the GOE by audit staff. The
minimum required financial statements per Lot 7206.0S(e)wer~' r~quested. Win Win Win's GOE
indicated he did not currently have up to date financiaL§taterrients, but h;)1J1d hired a bookkeeper to get
them current. Inadequate and missing financial stateQ\ents \vas a finding during the 2021 audit and at that
time, the GOE committed to working with an accqµ.µ~t to produce the requisit~ ,financials.
Auditors noted the following in the previous audit repoq: ·: ,,,
It is incumbent upon the GOE to review and understand the rules associated with games of chance. The
rules clearly outline the requirement to have an accounting system that can provide a balance sheet,
income statement, subsidiary ledgers and other pieces offinancial information that are critical to running
a business. Further, it is the GOE 's responsibility to, at the NHLC 's request, provide ieformation in
support of the Monthly Finfl-_nc_i~l f?.-eports submitted to the Cprn_mission._
. .. .-;: :::, · ·. .
•
During the current audit; .Jria~~i~l ,~~Inents were· everi~~lly provided and included a balance sheet,
profit and loss statement_ ~g_a cash flo~ statement.. tiliddition, the ·GOE provided a transaction detail
report reflecting activity fr◊tnJOl 7 tbroµgh August .o f7022. Very early on, auditors had concerns about
the financial~tat~llleP-!S and traj'Jsaqtion;d.eWlreport subinitted. There were cryptic entries and what
appeared t-<f l:>.e, unus~lly 4igh am~mits paid forrej).~. adve$sing, and equipment purchases. The balance
sheet re.fl~ted a large·· natipjty note&:As:a Payroil Pit>t~qti~n Plan loan. Given the size of the room and the
known level of staffing, the $$-44,000 retQrded seemed excessive so an inquiry was made to the GOE.
The GOE i'ittlib~Jed the loan was@Econ6bl~.Injury Disaster Loan (EIDL), which his bookkeeper had
mislabeled on the financials. As°'tl1e amount wa:s significant and appeared to be funding nearly all the
room's activities/additional
,· v~ rese~ch:\vas
. - done to better understand the nature of the loan.
The Small Business Adm~~i~trat~~11__ (SBA), which offers the loans, defines substantial economic injury as
a business' inability to meet it~ Clb,~igations or to pay its ordinary and necessary operating expenses
following a disaster, in this case, Covid19. EIDLs provide the necessary working capital to help small
businesses survive until normal operations resume after a disaster. The SBA clearly conveyed what
constitutes an ineligible use of loan proceeds, including business expansions, fixed asset purchases, and
direct payments to owners, other than for services provided.
The GOE accepted $844,000 in EIDL loans on behalf of Win Win Win. The initial $499,900 ($500,000
less a $100 service fee) was received on January 4, 2022 and the second installment in the amount of
$344,000 was received on February 15, 2022. The GOE also accepted an EIDL payment of $500,000 for
another of his businesses, The Draft, which is housed in the building with his gaming operations.
Page 2 of 7
New Hampshire Lottery Commission
Win Win Win, LLC OBA Concord Casino
Audit Period: May 1, 2022 -July 31, 2022
It was noted that soon after receiving the loan proceeds, the GOE began making large payments from Win
Win Win's operating account for rent and equipment. On January 18, 2022, a wire transfer was initiated
for "equipment purchases", in the amount of $48,750 and on February 2, 2022, another wire transfer in
the amount of $52,500 was executed. The payments were charged to equipment on the transaction detail
report. It was later discovered the wires had been flagged as suspicious by bank personnel. Based on the
bank's research, the wire in the amount of $52,500 was sent to a motorsport business in Georgia. During
the seven-month period following receipt of the first EIDL proceeds, the GOE recorded $235,242 in
"equipment purchases", including another large wire in the amount of $80,600 in April. Equipment
purchases, if legitimate, are considered a fixed asset and ineligible as a use of EIDL proceeds.
Auditors noted a significant uptick in wire transfers once loan proce~qs ,~ere received. Prior to January
of 2022, according to the transaction detail report provided by the•OOJ3, there were no wires and only a
few ACH payments made from Win Win Win's operating acc9'1t1t; these included payroll processing fees
and payments to credit card companies. •·: ❖- ,,.
:. •. · _':•
Auditors noted multiple payments to an individual notate4~1n the transa~tibttdetail report as "Peter D".
The amounts were charged to advertising expense®i~~~e paid via wire tt&.iif.~r. Given the round
numbers, the payment by wire and the lack of detafjttegarding the payee, auditot~flirther reviewed source
documents in an attempt to identify the recipient. H~ri.~ritten payment registers '~qhro,itted by the GOE
reflected Peter Dawe as the payee. Peter pawe was id~rtti;ffod, as tlle
pwner of a mot6tdpop: company in
Pennsylvania that specializes in Porsch~s::·~s .the GOE refers-to:hirtiself as a Porsche enthusiast, auditors
became concerned about the payments mi:tde.toDawe, totaling.$45.,000. These amounts were in addition
to the wires sent previously to another mdtQ;t1sp6rt:cpnmany
. ..
•
in Gec;,rgia.
··~ ··•. ·.•
•·..:·
• •.
'.•.
During the months followintfiyceipt of the lomr'proceeds;:the GOE b~-g~n:~.n expansion of his business
into an additional unit l!d.i@~ittto.lu.s. existing ga.m.e rooni~ New\rarpeting~ new televisions and substantial
leasehold improvemen~·~¢re descdb¢4 in several.F~eb6ok posts by:ihe room regarding the expansion.
In addition, payments froih'.'Win Win )Y:fn' s operating 1:1.ccount were made to TF Moran, an engineering
firm representing the GOlfi~;'.a P.fOpQ~~Jarge-scale ~xpansion in another section of Concord.
Significant_.chatges fqr qoring ~i~iseem¢,& ~ore iri ljne.with the proposed location rather than the
existing .M.ajp. Street bllilcltµg. Auditbrs were coficetned loan funds were being used to further expand the
GOE's:gairt}~g business Ulider., a newiyc~eated entity, .:Concord Commitment. According to the SBA,
business expMsions
.
are an irieijgtble use.oJ~IDL
· , .•. ..
'..::;
funds.
•
Auditors noted that during the per-iQd ieviewed;-Win Win Win suffered regular operating losses. In
addition, the entity?s retained earnfug§ reflected on the transaction detail report on December 31, 2021
was a negative amount~·;This indicates the business had not been profitable prior to 2022, nor was it
profitable during the first ~ig,bt mozjJhs of 2022, according to financial information submitted for audit by
the GOE. Further, a cash flo~-~i~te~ent provided by the GOE showed a negative operating cash flow,
which indicates the ongoing operations of the business were not supporting the routine expenses of the
business. Given the lack of profitability of the business, the equipment and leasehold improvement costs
seem to have been financed with EIDL proceeds.
Another significant expense identified during audit was rent expense. There appeared to be an excessive
amount ofrent paid to another of the GOE' s businesses, The Best Revenge. Over a ten-month period, the
GOE paid $238,000 in rent. According to the lease executed between Win Win Win and The Best
Revenge, rent in the amount of $6,000 annually is to be paid. The lease also references additional
expenses associated with the space that is the lessee's responsibility; however, during the period noted,
Win Win Win occupied the building's third floor and basement, with the first floor housing the GOE's
Page 3 of 7
New Hampshire Lottery Commission
Win Win Win, LLC DBA Concord Casino
Audit Period: May 1, 2022 - July 31, 2022
restaurant, The Draft. The gaming space was fairly small and did not offer facilities for patrons or
employees. Given the size and condition of the space, it seems unlikely the space would command such a
large rent from a third party in an arm's length transaction. Further, a payment of $20,000 was made
from the Win Win Win operating account to The Draft and noted as rent. There is no record that a lease
between Win Win Win and The Draft exists, and no explanation was provided by the GOE.
An important aspect of the audit is a review of bank accounts and reconciliations. Auditors noted a new
bank account - Ledyard Bank - appearing on the financial statements, for which a bank statement had not
been received. The audit document request list specifies that all bank statements for the gaming entity be
provided for audit. Auditors requested the Ledyard Bank statements multiple times; however, the GOE
did not provide the requested information until it was conveyed that if would be an audit finding. Once
provided, it was discovered the GOE had wired money to Ledyarg·~k: then deposited the money into
an account in his name, not the name of the business. He furtbet~drew $45,000 of the $150,000
wired. Once the funds had been transferred to the GOE's pei\$b~t~unt, the amount should have been
removed from Win Win Win's financial statements, thi~Ald -i,.ti occtfi. ..the GOE continued to reflect
funds taken out of the Company's bank account as WjfW,h Win's asset;J)\v.ner's equity was also
increased to reflect funds that were no longer in the ~ e of the entity. Thi"s,~t.i_yity was concerning to
auditors as it appeared the GOE was submitting f ~ p financial statements f6 _a,~~ate agency. Payments
to owners, other than compensation for services rend~ls not an_~igible experi~<, under the terms of
the EIDL. •• .• ', • ·;_; > ',, ·
,·· . ·.• ':,.
>
Finally, cash on hand was reflected on tfui·~ .,sheet but ri~ence was provided that it existed.
Further, approximately $25,000 of the cas\ Ol}'ha~ ts-P,layer fun~Jlected during poker play. There are
very strict guidelines on the handling of play,,ffundM~es, incf&ting,no commingling with operator
funds; however, there was.~ ev.W~nce on tht!·~~nciai' stai~ts that ~ ''GOE recognized these funds as
aliabilityofWinWin~. ··· < :;o··."-. " ,·\ ,· "". • • ,
. . . '.
/ . '\ '\
,.\:.-:,. '"- • ... .... ' '\\ ·, . ,
In summary, NHLC aud~-:-bave si~cant conc~~egarding the GOE's financial statements and
potential misus~-°-fEIDL ~ ; ~e"..~~spJ~ious ~ , EIDL proceeds that seem to be financing an
expansion, p@~~epin}-.n1t.pWQt1,~,l.cl:iarges ~t seem unreasonable for a room of Win Win
Win's s~~ cai'i'se~-~;Wors tt}.
submitt$;l-• ,· •• ~,. ••
.»
i_nto quesfi~.·ib_~'o¥erall integrity of the financial statements
',. . ••
.. ~
,:,.
·•.
. ~
_. ;
. \. -.. . .-.--:- . • .
'
Observatirin. ~$i,
•. .Lack of D~alJ1t.tntrol '
t&;~sh and Cash Equivalents
'\ •. ':,
The observation~arding lack oF:Mdence oNual control for cash and cash equivalents is related to
compliance with Ltli.t .1~,06.08(d)(l~ ,~hich requires the GOE to establish "Internal controls to secure and
count all cash received._itt-connecti•with a game of chance event, including the requirements that no
fewer than two individuala ~ -r~ible for counting the receipts" .
•~.,,:; -~~-.- .-: >··'
Auditors reviewed fill, drop ~ri'd'rake reconciliation sheets as well as close slips related to cash poker and
pit game activity to confirm dual control procedures were followed. Auditors noted insufficiencies on
multiple documents related to dual verification, including the omission of one or both authorized
signatures required on source documents. In addition, numerous revisions were made to source
documents that lacked initials or further explanation attesting to the changes.
The NHLC cited the same observation during Win Win Win's 2021 audit and the GOE concurred with
the requirement; however, the issue was not remediated.
Page 4 of7
New Hampshire Lottery Commission
Win Win Win, LLC DBA Concord Casino
Audit Period: May 1, 2022 - July 31, 2022
Recommendation:
To comply with Lot 7206.08(d)(l), review GOC processes and implement measures to mitigate the risk
of error or fraud. Communicate the importance of dual control and proper procedures for modifications to
source documentation to all licensed GOC staff.
Observation #3: Lack of Adequate Safeguards for Cash and Cash Value Equivalents
The observation regarding a lack of adequate safeguards for cash and cash value chips is related to Lot
7206.08(c)(3) "A system for the collection and security of moneys at the table games, the transfer and
recordation of chips between the table games and the cashiers' cage, the transfer of money from the table
games to the counting process, and the process and equipment to assure security for the counting and
recordation ofrevenue" and Lot 7206.08(c)(4) "Safeguards of asset~ -~t_hin the cashiers cage for ...(t)he
receipt, storage, inventory and disbursal of chips, cash, counter ch~ahd other cash equivalents used in
gaming."
During the September 27, 2022, site visit, NHLC auditoJ;S ;~d chips"~e left in unsecured trays that
were used for redemptions and fills. There were also .• poker setups\~~-~~lves in the back section of
the cage, in an area not covered by surveillance. • ',, •
Recommendation: • , ,
To comply with Lot 7206.08(c)(3), cont~~e to review a~~~is~~Mures for s~f~~ing cash and
cash equivalents as necessary. Ensure Jr ~tng
\\ . : . ·.
assets an.'l~ed
•
by surveillance. ' . / •.
\ .~ - ....
Observation #4: lnadequate/lnsufficiertfSoi.t't~:J).o~umenta-':,,,
The observation regarding inadequate and/d'i:wuffictep't ~SQ.urce doc•utation is related to Lot
7206.08(b)(2), "Financia~.1.;~-~~e compl~1', i\_~curate, :amheliable;~ ~Lot 7206.08(b)(4),
"Transactions are rec01J.l~d:;~qu~ to permit~per~·fi1:$·•0f~amirtg revenue and of fees and
taxes, and to maintaini~~ntabilitY: f~ assets." \: ;</ .. • • ·•<_~ ·,
"':. ~.
,.,
~. ....
·\ ,
.. ~, ~' .? t -,"; ~' .\.
Auditors noted multiple ins~ w~·~c::e docu~~s or information on documents were
insufficien,t(~ .;f.e~ordk~ ~o~e~tt!re,g~e'~JP to fraudulent activity. Inaccurate
informa,t$'Jt.~¢firiiately'.Acts mo~}', financfal ~i;i,g; tax payments to the State and charity
allocati~( ·- '. ;-, '\· '--, _ ·, ·-: ,;-
., •• _... ', , -.- ··. '-:,, •
-,.,.; ..... '•, ,,
Deficiencies~d include han¥f:!:en opot,d~and closing sheets that do not have a field for time or
date, numerous'"~~ions to trans~ns without utilizing the one-line strike through methodology, and
illegible handwrithtf~ multiple ~~e documents. Auditors also noted instances where an opening
bank was recorded Witlt~t... a corr~ding closing bank.
,, .,,_ _ \
Auditors also noted insuffic~~ in tournament paperwork, which contained incomplete information on
registration forms, inadequate documentation of prize winners and bounty prizes awarded. Due to a lack
of proper documentation, auditors were unable to verify compliance with RSA 287-D: 14,XII(b), "Prizes
of $500 or more shall be paid by check." Without complete registration information, auditors were
unable to verify compliance with RSA 287-D:14, XV, which dictates the maximum amount each player
may spend per game or licensed event. A player is limited to spending up to $150 per game ($250 for one
game per licensed event) including buy-ins and re-buys. Insufficient information also prevented auditors
from confirming compliance with RSA 287-D:14, XVII, which limits the payback in prizes to 80 percent
or less of the total amount collected from players.
Page 5 of7
New Hampshire Lottery Commission
Win Win Win, LLC DBA Concord Casino
Audit Period: May 1, 2022-July 31, 2022
The NHLC cited the same deficiencies during Win Win Win's 2021 audit and apart from transaction
times on drop slips, the GOE failed to remediate these deficiencies.
Recommendation:
To comply with Lot 7206.08(b)(2), continue to review and revise forms and processes related to GOC
operations as needed. Communicate the importance of proper procedures for the preparation and
modification of source documentation to all licensed GOC staff.
Observation #5: Cash Value Chips Not Properly Inventoried or Tracked
The observation regarding cash value chips not inventoried or tracked is related to Lot 7206.08(c)(2),
which requires the GOE maintain "Control of games of chance equi~nt inventory to prevent
unauthorized access, misappropriation, forgery, theft, or fraud, in,clu.,~g systems and safeguards with
regard to the receipt, storage, inventory and disbursal of chipsi'•'~:;-dice, and other sensitive equipment
utilized in games ofchance", and Lot 7208.0l(b)(6)(g), whi¢.h.~fiiMthe GOE to maintain, for at least
two years, "Copies of documentation related to the operatibR,of games::~,chance, including: chip
inventory documentation forms, including purchase, r ~ , balances ~n:,, ~ , storage, and destruction."
, ·, .
'1
During the September 27, 2022 site visit, NHLC a . r s met with the Primaiy.,Qame Operator (PGO) to
observe cash value chips physically held in inventory wiid.-to discus,s·<tlie overall i ~ r y process. The
PGO indicated that a daily chip tracking ~beet is compi~howive,~1t focuses on·- ~ _within the cage.
Auditors inquired about the "back ban~}i;,of-cb}ps totaling ~'$1.lthat was listed on the.chip inventory.
The PGO stated the bank is located in t~ O('.m~Qffice, which.Ji&.;p_ot accessible to room staff, so it is not
inventoried or counted as part of the proc~' ,..Au~,emphasi~ ~~ importance of conducting a full
physical inventory, including all chips to eri• chip~ n,umbers· • accurate and the chance of theft is
mitigated. ,·(· .•.,,,,,....... .,,,N >
- • • '· •
,.; ,. . . _,
_
·< ' - . '• ·,: '
Recommendation: . ;:· ,, - , .,
To comply with Lot 720&,:.&~~)(6)(g)~~-:periodic in~ory should b~·performed to compare the perpetual
inventory num~.~~~_with ac~t~~;111letl/ J!lii should~~ude the "back bank". In addition, purchases of
chips and d ~ : (U_~hips ~~ d~t~~ ar'14 ~fluded in the reconciliation.
, ,.;' . ' ~~ ,', .. .. ,- .,~. > ·'\ · ··~. . ' ,.::::: : .;,; · ·, , •• • , , ...... ____ . ', . . •
Obse~~~ #6: Chari'ty.~qtal R~ppear tc:rfl.e:Based on Revenue
The obs·e ~ n regarding ~h~rental~~ is related to RSA 287-D:19Il(b), "Ifa game operator
employer ch-. rent, such ch.shall be~:'\_¥ritten agreement and shall be a fixed payment, not based
on a percentage~'W_hat the chari'~ organimtion receives from the game of chance, and shall reflect
fair rental value oi~'P_roperty fo~ ~ use, not only as a place to hold a game of chance".
-~
An analysis of actual ren~ eh~-~ charities versus the agreed upon rent reflected in the written
contracts identified several' di~ces. The contractual rent of $750 per game date was often reduced and
seemed to reflect a consistent'petcentage of gaming revenue; rents actually charged were approximately
17% of gaming revenue reported on the MFR. It is noted that the rent modifications were always a
reduction to the amount per the written contract; however, it must also be noted that rental charges based
on a percentage of gaming revenue is prohibited by statute. It was observed that rent charged by Win
Win Win was approximately 50% of the charity's proceeds from gaming. For the audit period, charity
proceeds before rental charges totaled $72,889; after rent was deducted, the actual charity proceeds
totaled $36,729.
The NHLC cited the same observation during Win Win Win's 2021 audit, to which the GOE responded,
Page 6 of7
New Hampshire Lottery Commission
Win Win Win, LLC OBA Concord Casino
Audit Period: May 1, 2022 -July 31, 2022
"This is not done on a percentage basis, but an individual case by case basis, to insure the Charity
receives in excess of 50% of the net amount raised by play in the Casino." The GOE was advised a
reassessment of the rental value may be in order if consistent reductions in rent were necessary. After the
2021 audit, the GOE raised the daily contractual rent from $500 to $750. During the current audit period,
daily rents actually charged ranged from $67.50 to $675; no charity was ever charged the contractual rate
of$750.
Recommendation:
To comply with RSA 287-D: 19,II(b), a fair and equitable rental rate for all charities should be determined
and reflected in the written charity agreement. Rents charged to c~arities should not be based on a
percentage of gaming proceeds.
Page 7 of7
EXHIBIT 13
71 EAGLE DR
Location 71 EAGLE DR Mblu 15/ 11/ 95/ /
Acct# Owner LAURIE J SANBORN REV
TRUST
Assessment $692,100 PIO 2187
Building Count 1 topoTopography Rolling
Utility Well, Septic
Current Value
Assessment
Valuation Year Building Extra Features Outbuildings Land Total
2022 $462,500 $8,500 $12,000 $209,100 $692,100
Owner of Record
Owner LAURIE J SANBORN REV TRUST Sale Price $425,000
SANBORN LAURIE J TRUSTEE Certificate
Address 71 EAGLE DR Book& Page 8662/0614
BEDFORD, NH 03110 Sale Date 05/27/2014
Instrument 1N
Qualified u
Ownership History
I Ownership History
Owner Sale Price Certificate Book& Page Instrument Sale Date
LAURIE J SANBORN REV TRUST $425,000 8662/0614 1N 05/27/2014
MOSER CHRISTINE D TRUSTEE $4,000 7946/0671 1F 02/04/2008
MOSER CHRISTINE D TRUSTEE $594,000 7683/0914 00 05/31/2006
VIOLA RANDALL G & $370,000 5658/0910 00 09/22/1995
FIEDLER JAMES J $387,000 5412/0193 00 03/01/1993
Building Information
Building 1 : Section 1
Year Built: 1986
Building Photo
Living Area: 3,317
Replacement Cost: $624,980
Building Percent Good: 74
Replacement Cost
Less Depreciation: $462,500
Building Attributes
Field j Description
Style: J Modern/Contemp
Model Residential
Grade: Good +30
I
Stories: j 2 Stories
I
Occupancy I1 (https://images. vgsi.com/photos/Bedford NH Photos//\00\00\82\ 11 .jpg)
Exterior Wall 1 IClapboard Building Layout
Exterior Wall 2 j Brick Veneer 10
Roof Structure: I Gable/Hip
I
Roof Cover Asph/F Gls/Cmp ,.
·- ••
•"Bl\ BAS
FSM
Interior Wall 1 IDrywall/Sheet "'
~~
CTH
BAS
UDM r oM
Interior Wall 2 I ,.
Interior Fir 1 Hardwood
'""
FGR
rt
.. I
...
Interior Fir 2 Carpet ,.
Heat Fuel Oil
14
,. "
Heat Type: Forced Air-Due ,. FOP
1
.2
AC Type: Central
(Parce1Sketch.ashx?pid=2187 &bid=2228)
Total Bedrooms: 3 Bedrooms
I__ - ~ -B_u_ild_in_g_S_u_b_-A
_ re_a_s_(_sq
_ fl_) _ _ _--.--_L_e_g_e_n.-J
d
Total Bthrms: 3
j
Code Description
Gross Living I
j Total Half Baths: I1 ' - 1 - - - - + - - - - - - - - - - - - - l - -A_r_
ea_-+-_A
_re~
Total Xtra Fixtrs:
I IBAS First Floor 2,043 2,043
Total Rooms: 6 Rooms Upper Story, Finished
812 812
\ FUS
,__ ______________ __.__ - - -
IBath Style: Modern /Tas Three Quarter Story 616
IKitchen Style: Average I j,__c
_T_H_--+j Cathedral Ceiling 598 j _ _ _o
_.
Num Kitchens I 01 I ~IF_B_M
___ +-B_a_se_m
_ en_t_, F
_i_ni_s_
he_d_ _ _ _ _ _ ~ ol
Cndtn
I I I FGR Garage, Framed 6 0
Num Park
1
FOP Porch, Open 48 ol
Fireplaces IPorch, Screen 81
------J
0
!F"'"" C,d" ! UBM
I
I Basement, Unfinished 1,022 1 0
Basement WOK Deck, Wood 370 ol
7,308 3,317
Extra Features
Extra Features Legend :
I I
Code
I Description Size Value Assessed Value Bldg#
I
FPL3 12 STORY CHIM 1.00 UNITS $3,900 $3,900 I 1 I
IWHL j WHIRLPOOL 1.00 UNITS I $2,700 I $2,700
----- +1-------------'----------+-------+------------------
1 KITH KITCHEN 1.00 UNITS I $1,900 $1 ,900 j
Land
Land Use Land Line Valuation
Use Code 1010 Size (Acres) 1.82
Description SINGLE FAM MDL-01 Frontage 0
Zone RA Depth 0
Neighborhood 70 Assessed Value $209,100
Alt Land Appr No
Category
Outbuildings
Outbuildings
I
Code I Description Sub Code
I Sub Description
I Size
l Val ue Assessed Value Bldg#
I SPL3 I GUNITE
I 576.00 S.F. J $ 11 ,200 I $11 ,200 I 1I
I
j PAT2 I PATIO-GOOD I 216.00 S.F. I $800 I $800
Valuation History
Assessment
Valuation Year Building Extra Features Outbuildings Land Total
12021 $462,soo I $8,soo I $12.000 I $209,100
I
$692,100
12020 $424.200 I $8,100 I $12,000 $160,800 $aos.100 I
- 1
12018 $365,300 $8,100 I $12,000 I $160,800 I $546,800 I
(c) 2023 Vision Government Solutions, Inc. All rights reserved.
EXHIBIT 14
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Business Information
Business Details
Business Name: THE DRAFT, LLC Business ID: 550832
. T Domestic Limited Liability
Business ype: C Business Status: Good Standing
ompany
Management Style: Manager Managed
Name in State of N . bl
Business Creation Date: 01/24/2006 . ot Ava1 1a e
Formation:
Date of Formation in
0112412006
Jurisdiction:
Principal Office Address: 71 Eagle Drive, Bedford, NH, Mailing Address: 71 Eagle Drive, Bedford, NH,
03110, USA 03110, USA
Citizenship / State of D . N H h'
. omestIc/ ew amps ire
Formation:
Last Annual
2022
Report Year:
Next Report Year: 2023
Duration: Perpetual
Business Email: mayor.hooville@gmail.com Phone#: 603-682-1165
Fiscal Year End NONE
Notification Email: NONE
Date:
Principal Purpose
S.No NAICS Code NAICS Subcode
1 OTHER/ restaurant
Page 1 of 1, records 1 to 1 of 1
Principals Information
Name/Title Business Address
Anthony M Sanborn / Manager PO Box 923, Henniker, NH, 03242, USA
Anthony M Sanborn / Member PO Box 7893, Loudon, NH, 03307, USA
Anthony Sanborn / Manager 71 Eagle Drive, Bedford, NH, 03110, USA
Anthony Sanborn / Manager 71 Eagle Drive, Bedford, NH, 03110, USA
Anthony M Sanborn / Manager 71 Eagle Drive, Bedford, NH, 03110, USA
< Previous ... 1 0 .. Next > I Page 1 of 2, records 1 to 5 of 6 D _:!___o to Page
Registered Agent Information
Name: Sanborn, Anthony
Registered Office 30 Gulf Rd PO Box 923, Henniker, NH, 03242, USA
Address:
Registered Mailing 30 Gulf Rd PO Box 923, Henniker, NH, 03242, USA
Address:
Trade Name Information
No Trade Name(s) associated to this business.
Trade Name Owned By
No Records to View.
Trademark Information
Trademark Number Trademark Name Business Address Mailing Address
No records to view.
Filing History Address History View All Other Addresses Name History Shares
Businesses Linked to Registered Agent Return to Search Back
1 Department of ~ r 204, Concor'"' NH Contact Us
C/online/ Home/ ContactUS).
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Business Information
Business Details
Business Name: THE BEST REVENGE, L.L.C. Business ID: 282911
. T Domestic Limited Liability
Busmess ype: C Business Status: Good Standing
ompany
Management Style: Manager Managed
Name in State of N . bl
Business Creation Date: 12/19/1997 . ot Ava, 1a e
Formation:
Date of Formation in
1211911997
Jurisdiction:
Principal Office Address: 71 Eagle Drive, Bedford, NH, Mailing Address: 71 Eagle Drive, Bedford, NH,
03110, USA 03110, USA
Citizenship / State of D . /N H h.
. omest,c ew amps ire
Formation:
Last Annual
2022
Report Year:
Next Report Year: 2023
Duration: Perpetual
Business Email: mayor.hooville@gmail.com Phone #: NONE
Fiscal Year End NONE
Notification Email: mayor.hooville@gmail.com
Date:
Principal Purpose
S.No NAICS Code NAICS Subcode
1 OTHER/ OWNING & OPERATING REAL ESTATE
Page 1 of 1, records 1 to 1 of 1
Principals Information
Name/Title Business Address
Anthony M Sanborn / Manager 67 South Main Street, Concord, NH, 03301, USA
Anthony M Sanborn / Member 67 South Main Street, Concord, NH, 03301, USA
Anthony Sanborn / Manager 71 Eagle Drive, Bedford, NH, 03110, USA
Anthony M Sanborn / Manager 71 Eagle Drive, Bedford, NH, 03110, USA
Anthony M Sanborn/ Member 71 Eagle Drive, Bedford, NH, 03110, USA
Page 1 of 1, records 1 to 5 of 5
Registered Agent Information
Name: ANTHOY M. SANBORN
Registered Office 67 SOUTH MAIN ST, CONCORD, NH, 03301, USA
Address:
Registered Mailing 67 SOUTH MAIN ST, CONCORD, NH, 03301, USA
Address:
Trade Name Information
No Trade Name(s) associated to this business.
Trade Name Owned By
No Records to View.
Trademark Information
- - - - ---------
Trademark Number Trademark Name Business Address Mailing Address
No records to view.
Filing History Address History View All Other Addresses Name History Shares
Businesses Linked to Registered Agent Return to Search Back
NH 1t h 'forth Main St. Roorr 204, Concord, J t l ' - - Contact Us
C/online/ Home/ ContactUS).
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Business Information
Business Details
Business Name: IS LIVING, LLC Business ID: 304821
. T Domestic Limited Liability
Business ype: C Business Status: Good Standing
ompany
Management Style: Manager Managed
Name in State of N . bl
Business Creation Date: 12/15/1998 . ot AvaI 1a e
Formation:
Date of Formation in
1211511998
Jurisdiction:
Principal Office Address: 71 Eagle Drive, Bedford, NH, Mailing Address: 71 Eagle Drive, Bedford, NH,
03110, USA 03110, USA
Citizenship/ State of D . N H h'
. omest1c/ ew amps ire
Formation:
Last Annual
2022
Report Year:
Next Report Year: 2023
Duration: Perpetual
Business Email: mayor.hooville@gmail.com Phone#: NONE
Fiscal Year End NONE
Notification Email: mayor.hooville@gmail.com
Date:
Principal Purpose
S.No NAICS Code NAICS Subcode
OTHER/ REAL ESTATE ACQUISITION &
1
DEVELOPMENT
Page 1 of 1, records 1 to 1 of 1
Principals Information
Name/Title Business Address
Anthony Sanborn / Manager 71 Eagle Drive, Bedford, NH, 03110, USA
Anthony M Sanborn/ Manager 71 Eagle Drive, Bedford, NH, 03110, USA
Anthony M Sanborn / Member 71 Eagle Drive, Bedford, NH, 03110, USA
Anthony Sanborn / Member 71 Eagle Drive, Bedford, NH, 03110, USA
Page 1 of 1, records 1 to 4 of 4
Registered Agent Information
Name: Sanborn, Anthony M
Registered Office 67 SOUTH MAIN ST, CONCORD, NH, 03301 , USA
Address:
Registered Mailing 67 SOUTH MAIN ST, CONCORD, NH, 03301 , USA
Address:
Trade Name Information
No Trade Name(s) associated to this business.
Trade Name Owned By
No Records to View.
Trademark Information
Trademark Number Trademark Name Business Address Mailing Address
No records to view.
Filing History Address History View All Other Addresses Name History Shares
Businesses Linked to Registered Agent Return to Search Back
NH Department of l e I North Main St. Room ord, 3.0 Contact Us
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Business Information
Business Details
Business Name: HOOVILLE, L.L.C. Bu~nessID:588956
. Domestic Limited Liability
Business Type: C Business Status: Good Standing
ompany
Management Style: Manager Managed
Name in State of N A . bl
Business Creation Date: 12/21/2007 . ot vaI 1a e
Formation:
Date of Formation in
1212112007
Jurisdiction:
Principal Office Address: 71 Eagle Drive, Bedford, NH, Mailing Address: 71 Eagle Drive, Bedford, NH,
03110,USA 03110, USA
Citizenship / State of D . /N H h.
. omestIc ew amps ire
Formation:
Last Annual
2022
Report Year:
Next Report Year: 2023
Duration: Perpetual
Business Email: mayor.hooville@gmail.com Phone#: 603-682-1165
Fiscal Year End NONE
Notification Email: NONE
Date:
Principal Purpose
S.No NAlCS Code NAICS Subcode
1 OTHER/ real estate
Page 1 of 1, records 1 to 1 of 1
Principals Information
Name/Title Business Address
Anthony Sanborn / Manager 71 Eagle Drive, Bedford, NH, 03110, USA
Anthony M Sanborn / Manager 71 Eagle Drive, Bedford, NH, 03110, USA
Page 1 of 1, records 1 to 2 of 2
Registered Agent Information
Name: Sanborn, Anthony M
Registered Office 13 Mudgett Hill Road, Loudon, NH, 03307, USA
Address:
Registered Mailing 13 Mudgett Hill Road, Loudon, NH, 03307, USA
Address:
Trade Name Information
No Trade Name(s) associated to this business.
Trade Name Owned By
----------
No Records to View.
Trademark Information
Trademark Number Trademark Name Business Address Mailing Address
No records to view.
Filing History Address History View All Other Addresses Name History Shares
Businesses Linked to Registered Agent Return to Search Back
r f 0 I l of State, North Main St. Room rd, 1 -- Contact Us
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Business Information
Business Details
Business Name: CONCORD COMMITMENT LLC Bu~nessID:888837
. Domestic Limited Liability
Business Type: C Business Status: Good Standing
ompany
Management Style: Member Managed
Name in State of N A . bl
Business Creation Date: 12/28/2021 . ot vaI 1a e
Formation:
Date of Formation in N A
. d. .
Juns IctIon:
I
Principal Office Address: 71 Eagle Drive, Bedford, NH, Mailing Address: 71 Eagle Drive, Bedford, NH,
03110, USA 03110, USA
Citizenship / State of . /N H h"
. OomestIc ew amps ire
Formation:
Last Annual N/A
Report Year:
Next Report Year: 2023
Duration: Perpetual
Business Email: mayor.hooville@gmail.com Phone#: NONE
Fiscal Year End NONE
Notification Email: mayor.hooville@gmail.com
Date:
Principal Purpose
------
S.No NAICS Code NAICS Subcode
Lessors of Nonresidential Buildings (except
1 Real Estate and Rental and Leasing
Miniwarehouses)
Page 1 of 1, records 1 to 1 of 1
Principals Information
Name/Title Business Address
Anthony M Sanborn / Member 71 Eagle Drive, Bedford, NH, 03110, USA
Page 1 of 1, records 1 to 1 of 1
Registered Agent Information
Name: Anthony M Sanborn
Registered Office 71 Eagle Drive, Bedford, NH, 03110, USA
Address:
Registered Mailing 71 Eagle Drive, Bedford, NH, 03110, USA
Address:
Trade Name Information
No Trade Name(s) associated to this business.
Trade Name Owned By
No Records to View.
Trademark Information
- - - - - - - - -- -- - - - - - - - - - - - -- --- - --- ---
Trademark Number Trademark Name Business Address Mailing Address
No records to view.
Filing History Address History View All Other Addresses Name History Shares
Businesses Linked to Registered Agent Return to Search Back
epartment State, 1 d, ' I 3=! 1 Contact Us
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Business Information
Business Details
Business Name: IMAGINE CASINO LLC Business ID: 914625
. T Domestic Limited Liability
Busmess ype: C Business Status: Good Standing
ompany
Management Style: Member Managed
Name in State of N . bl
Business Creation Date: 10/24/2022 . ot AvaI 1a e
Formation:
Date of Formation in N/A
Jurisdiction:
Principal Office Address: 71 Eagle Drive, Bedford, NH, Mailing Address: 71 Eagle Drive, Bedford, NH,
03110, USA 03110, USA
Citizenship / State of . /N H h'
. OomestIc ew amps ire
FormatIon:
Last Annual N/A
Report Year:
Next Report Year: 2023
Duration: Perpetual
Business Email: senatorsanborn@gmail.com Phone#: 603-682-1165
Fiscal Year End NONE
Notification Email: senatorsanborn@gmail.com
Date:
Principal Purpose
S.No NAICS Code NAJCS Subcode
1 Other SeNices (except Public Administration) Other Grantmaking and Giving SeNices
Page 1 of 1, records 1 to 1 of 1
Principals Information
Name/Title Business Address
Anthony M Sanborn / Member 71 Eagle Drive, Bedford, NH, 03110, USA
Page 1 of 1, records 1 to 1 of 1
Registered Agent Information
Name: Anthony M Sanborn
Registered Office 71 Eagle Drive, Bedford, NH, 03110, USA
Address:
Registered Mailing 71 Eagle Drive, Bedford, NH, 03110, USA
Address:
Trade Name Information
- - -- - - - - - - - - - -
No Trade Name(s) associated to this business.
Trade Name Owned By
No Records to View.
Trademark Information
Trademark Number Trademark Name Business Address Mailing Address
No records to view.
Filing History Address History View All Other Addresses Name History Shares
Businesses Linked to Registered Agent Return to Search Back
:)fr•c1rt - of State, North Main St. Ro NH 03301 - Contact Us
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Business Information
Business Details
Business Name: IMAGINE CASINO LLC Business ID: 914484
. Domestic Limited Liability
Business Type: Business Status: Rejected
Company
Management Style: Member Managed
Name in State of N . bl
Business Creation Date: 10/21/2022 . ot Ava, 1a e
Format,on:
Date of Formation in N/
Jurisdiction: A
Principal Office Address: 71 Eagle Drive, Bedford, NH, Mailing Address: 71 Eagle Drive, Bedford, NH,
03110, USA 03110, USA
Citizenship/ State of D . /N H h.
. omest,c ew amps ire
Format,on:
Last Annual N/A
Report Year:
Next Report Year: 2023
Duration: Perpetual
Business Email: senatorsanborn@gmail.com Phone #: 603-682-1165
Fiscal Year End NONE
Notification Email: senatorsanborn@gmail.com
Date:
Principal Purpose
-------------
S.No NAICS Code NAICS Subcode
1 Other Services (except Public Administration) Other Grantmaking and Giving Services
Page 1 of 1, records 1 to 1 of 1
Principals Information
---------
No Principal(s) listed for this business.
Registered Agent Information
Name: Anthony M Sanborn
Registered Office 71 Eagle Drive, Bedford, NH, 03110, USA
Address:
Registered Mailing 71 Eagle Drive, Bedford, NH, 03110, USA
Address:
Trade Name Information
No Trade Name(s) associated to this business.
Trade Name Owned By
No Records to View.
Trademark Information
Trademark Number Trademark Name Business Address Mailing Address
No records to view.
Filing History Address History View All Other Addresses Name History Shares
Businesses Linked to Registered Agent Return to Search Back
or ord, 03301 -- Contact Us
,C/online/ Home/ ContactUS).
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Business Information
Business Details
Business Name: IMAGINE CASINO Business ID: 868785
Business Type: Trade Name Business Status: Inactive
Expiration Date: 4/15/2026 Last Renewal Date: Not Available
Name in State of N . bl
Business Creation Date: 04/15/2021 . ot Ava, 1a e
Formatron:
Date of Formation in
0411512021
Jurisdiction:
Principal Office Address: 71 Eagle Drive, Bedford, NH, Mailing Address: 71 Eagle Drive, Bedford, NH,
03110, USA 03110, USA
Business Email: empress.hooville@gmail.com Phone#: NONE
Fiscal Year End NONE
Notification Email: empress.hooville@gmail.com
Date:
Principal Purpose
S.No NAICS Code NAICS Subcode
Other Services (except Public Administration) Other Grantmaking and Giving Services
Page 1 of 1, records 1 to 1 of 1
Trade Name Information
- - -- - - -- - - -- - - - - - - - - - - - -
No Trade Name(s) associated to this business.
Trade Name Owned By
Name Title Address
71 Eagle Drive, Bedford, NH,
Laurie Sanborn Applicant
03110, USA
Trademark Information
Trademark Number Trademark Name Business Address Mailing Address
No records to view.
Filing History Address History View All Other Addresses
Businesses Linked to Registered Agent Return to Search Back
EXHIBIT 15
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Business Information
Business Details
- -- - - -- -----
B . BANAGAN'S CYCLING
usiness Name: COMPANY, INC. Business ID: 186014
Business Type: Domestic Profit Corporation Business Status: Admin Dissolution
Name in State of . bl
Business Creation Date: 01/20/1993 . Not Ava, 1a e
Incorporation:
Date of Formation in
. d. . 0 1I 20I 1993
Juns IctIon:
Principal Office Address: 67 S MAIN ST, CONCORD, NH, Mailing Address: NONE
03301, USA
Citizenship / State of . H h"
. Domestic/New amps ire
I ncorporatIon:
Last Annual
2004
Report Year:
Next Report Year: 2005
Duration: Perpetual
Business Email: NONE Phone#: NONE
Fiscal Year End NONE
Notification Email: NONE
Date:
Principal Purpose
S.No NAICS Code NAICS Subcode
1 OTHER/ OPERATE A CYCLING SHOP
Page 1 of 1, records 1 to 1 of 1
Principals Information
No Principal(s) listed for this business.
Registered Agent Information
Name: Sanborn, Anthony M
Registered Office 67 S MAIN ST, CONCORD, NH, 03301, USA
Address:
Registered Mailing 67 S MAIN ST, CONCORD, NH, 03301, USA
Address:
Trade Name Information
No Trade Name(s) associated to this business.
Trade Name Owned By
No Records to View.
Trademark Information
-----------------------
Trademark Number Trademark Name Business Address Mailing Address
No records to view.
Filing History Address History View All Other Addresses Name History Shares
Businesses Linked to Registered Agent Return to Search Back
NH J m of State, North Main St. Roa 204, Concord, Nf-; 03301 Contact Us
U online/ Home/ ContactUS)_
© 2022 State of New Hampshire.
EXHIBIT 16
05-10083-MWV Banagan's Cycling Company, Inc.
Case type: bk Chapter: 7 Asset: Yes Vol: i Judge: Mark W. Vaughn
Date filed: 01/11/2005 Date of last fI.ling: 02/26/2009
Date terminated: 02/24/2009
Case Sumxnary
Office: Concord Filed: 01/11/2005
County:
Terminated: 02/24/2009
MERRIMACK-NH
Fee: Paid Discharged:
Origin: 0 Reopened:
Previous term: Converted:
Dismissed:
Confirmation
Joint: n
hearing:
Current chapter: 7
Disposition : Discharge Not Applicable
Nature of debt: business
Related adversary proceedings: 07-01021-MWY,07-01022-MWV,07-01023-MWY,07-01024-MWY,
07-01025-MWY,07-01026-MWV,07-01027-MWV,07-01028-MWV,
07-01029-MWV
Pending status: Awaiting Discharge,Awaiting Involuntary Answer,Case Closed
Flags: CLOSED -'
Trustee: Office of the City: Concord Email:
U.S. Trustee Phone: (603) 333 -2777 USTPRegionOl.MR.ECF@usdoj.gov
City: Nashua
Trustee: Michael S, Email:
Phone: (603) 594-0300Fax: 603-594-0303
Askenaizer trustee@askenaizer.com
Party 1: Banagan's Cycling Company, Inc. (Debtor)
Tax ID / EIN: 02-0460684
Atty: Steven M. Represents party 1: Phone: (603)888-0803
Notinger Debtor Email: steve@notingerlaw.com
Atty: Jack S. White {T) Represents party 1: Phone: (603) 883-0797
Debtor Fax: 60-883-8723
Email: bankruptcy@lawyersnh.com
Location of case files:
Volume: CSl
The case file may not be available.
·--·• .. -········
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Case: 05-10083-MWV Doc#: 1 Filed: 01/11/05 Desc: Main Docume nt Page 1 of 7
FORMB5
tl:1/0Jl
United States Bankruptcy Court INVOLUNTARY
............ District()! NEW HAMPSHIRE PETITION
IN RE (Name of Qcbtor - If Individual: Last, Fint, Middle) A!-i OTIIER NAMES used by debtor in lb ~ last 6 years
(Include married, maiden, and trade ~ l
Banagan's Cycling Company, Inc.
LAST FOUR DIGITS OF SOC. SEC. NO./Complete EIN or other TAX I.D.
NO. '(lf more th~.n .IW:.c state a.It,) 02-0460684
STREET ADDRESS OF DEBTOR tNo. and street, city, state, and zip code} MAILING ADDRESS OF DEBTOR (If d 'fcn:nt from street address)
67 South Main Street I
Concord, NH 03301
~ Q\"R);.$1D'.Elli(:E~
P~oUiN.ACl!OI'~
:Merrimack
LOCATION OF PRINCIPAL ASSETS OF BUSINESS DEBTOR (If different from previously listed addresses)
~ . Lebanon, and~ ....
r t=--. n -
CHAPTER OF BANKRUPTCY CODE UNDER WHICH PETITION IS FILED
ill Chapter 7 D Chapter 11
L~~Ul.Q)
INFORMATION REGARDING DEBTOR (Check applicable boxes)
a::f{-C~
Petitioners believe: TYPE OF DEBTOR
0 Debts arc primarily consumer debts Cl
ilJ Debts arc primorily business debts § Individual
Partnership
Stockbrol er
0 Commodi f)I Broker
Corporation O Railroad I:
B. BRIEFLY DESCRIBE NATURE OF BUSINESS
Cl Other:
Retail Sporting Equipment
VENUE l!'ILim PZB (O:ie i::Jc a1ebax)
Ill Debtor has been domiciled or has had a residence, principal
place of business, or principal assets in the District for 180 Ill F\Jl.J.Fllix;i-F!:eat:ta::tm
days immediately preceding the date of this petition or for
□ ~~
..
its~,e.
a longer part of sucff I 80 days than in any other District.
arxi thefo::mspecifiedin § 004 (g) of the Bankruptcy
D A bankruptcy case concerning debtor's affiliate, general Refarm11c.tofl994 is attach :,:i.
' partner or partnership is pending in this District. ···- ··"" ..
.
PENDING BANKRUPTCY CA.SE FILEI> BY OR.AGAINST A.NY PARTNE!l
OR AFFILIATE OF THIS DEBTOR (Report infonnation for any additional cases on attacl ed sheets.}
Name of Debtor Case Number .·oate
.
·-
•.. ......
Relationship District Judge
..... ····- · ... ........ .....
ALLEGATIONS CO\ RTUSEONLY
(Check applicable boxes)
=
.....
r.J
I. ill Petitioner(s) are eligible to file this petition pursuant to 11 U.S.C. § 303(b). . ·.•..
- , c:::,
..,,
c:=i
2, ill The debtor is a person against whom an order for relief may be entered under title 11 :.:: C,
•• il
of the Uni led States Code. . -~~".'
\.-:::t.:r
:;,.1 rT'l
L-
>-
:z:
3.a. llJ The debtor is generally not paying such debtor's debts as they become due, unless .:: ;.o 9;,~
--
"':J;;;t; .,~
such debts are the subject of a bona fide dispute; ;_,
•
or
D Within 120 days preceding the filing of this petition, a custodian, other than a trustee,
I
·.r;:-,o
f-<-., rn
b. - Jn---1 1J 0
receiver, or agent appointed or authorized to take charge ofless than substantially all i.:,- ~o~
of the property of the debtor for the purpose of enforcing a lien against such C ~
:::u
property, was ,appointed or took possession. -i N
w
If a child support creditor or its representative is a petitioner; and ifthe petitionerflies thefom, specified in §Jll (gi ofthe Bankruptcy
Reform Act of I994, no.fee is required.
:
;
case: 05-100~3-MWV Doc#: 1 Filed: 01/11/05 Desc: Main Documet t Page 2 of 7
Name of Debtor Bablil 0111
FORM 5 lnvoluntBI)' Petition
(6/92) CascNo •.~ - - - - - - - ---1,-__.......,,....,..,.....__ _
~!UC· . Y)
D qhr,¢k',rhis,boj ifinn•hllSJxeil a tnmsfi:i of any ~~irocapillSt the debtor by or to any petitioner. Attach alld,OCU: _., evidencing
ihetrart_Jferand~y~thatarerequirc:d1.IJl'.~~Rule I003(a). _
Petitioner(s) request that an order for relief be entc:red against the debtor under the chapter of title 11, United States
this petition.
Pctitioner(s) declare under penalty of perjury that the
foregoing is true and correct according to the best of their
knowledge, infonnation, and belief.
X see .a.tt:adied
Signature of Petitioner or Representative (State title)
SalCIIDI'I NJrth 11rrer.!.~; Inc,
Name of Petitioner Date Signed
Name & Mailing John Mears, Credit Manager
Address of Individual 5055 North Greeley Avenue
Signing in Representative Tel No. -- -
Portland OR 97140
Capacity
·.-. -· -·
.......... ,__,;.- ....__..........
-. _. -· ·
·- ----
·
X see attached. . • . . " . •, • ' ....• ....
Signature oO'etitioner or Representative (State title)
Burton CotpoQtlon
Name of Petitioner Date Signed
Name & Mailing Chris Sherman, Credit
Address of Individual l\;1:anager
Signing in Representative Telephone No.
Capacity
Post Office Box 4449
Burlineton VT 05406
- -- :, ·-·_· d:::k ...... . •• ·-.:.,..a _ ·-- £ \ -" •• ;; -. · · ---
----- --- ! -; ,,,
I Jt bl-
Name of Petitioner -oate Signed
Name&Mailing Chris Sherman, Credit
Address oflndividual Manager
Signing in Representative Post Office Box 65009 Telephone No.
Capacity
Uurlington VT 05406
PETITIONING CREDITORS
Nlim; and Address of P~titioncr Salomon NorthAmerica, Inc. Nature of Claim Goods sold and Amou • t of Claim
delivered to debtor .$3? ; 49•73
SOSS North Greeley Avenue
Portland OR 97140
and Address of Petitioner Bunon.~ c : i g Nature of Claim Goods sold and "m.oi; • of Claim
Post Office B01< 4449
_Burlington_V1' 0540§ delivered to debtor ~279~~.72
Name and Address of Petitioner Red Corporation Nature of Claim Goods sold and
Post Office Box 65009
t}urlhuiu,m vr 05406 delivered to debtor
Note: If there are more than three petitioners, attach additional sheets with the statement under Total .• 'IIIOl!lli of .
penalty of perjury, each petitioner's signature under the statement and the name of attorney l>c,t\lHI cfi:' Claims
a11d_Retitioning creditor information in the format above. $392 -177.7 l
_ _ continuation sheets attached
case: 05-10083-MWV Doc#: 1 Filed: 01/11/05 Desc: Main Docume nt Page 3 of 7
NamoofDcbtor llanagan's Cycllne Ci)JUpany; Inc.
FORM S Involuntary Petition
(6/92) Cose No. -----------1,~...,.._,...._.......,_ __
courtusc: c:m,y):
~ROF:.CLAIM
'□ Check this boi ifil!.e~' h,$i~ 1tim\sflii:ofeny;claim ~ the
~b!iJr by O,tto any petitioner. Attach alLdocw oe:nt$ evidencing
the transfer ancianystiiemerits~1U'1:toQW!id underB~Rule 1003(:a); .
REQUEST FOR RELIEF
Petitioner(s) request that an order forrcliefbc entered against the debtor under the chapter of title 11, United States~!~ specified in
this petition.
~jioner(s) declare under pity ~ f . ~·thtn·dit
foregoing is true and correc(!!¢®~·t!>ctb~baltottheir
knowledge, infonnation, and belief. •-
. See ~
~•~ of Petitioner or Representative (State title)
-ICZ Corpora.tion . . . .
Name ofPetitfoner Date Signed
Name&Mailing Gregg B. Hoyle, Credit
Address oflndividual Manager
Signing in Representative 19215 Vashon Highway SW Telephone No,
Capacity
V::1i::hnn WA ~R070-!i:;,;-\A
)(
Signature of Petitioner or Representative (State title) Signature of Attorney Date
'Name of Petitioner Date Signed Name of Attorney Finn (If acy)
Name&Mailing Address
Address oflndividual
Signing in Representative ,·Telephone No.
Capacity
Signature of Petiliorieror Represeniaiivc (State title) Signature of Attorney Date
Name of Petitioner I>ateSigned Name of Attorney Finn (If 11.ny)
Name&Mailing P Address
Address of Individual
1
Signing in Representative '. Telephone No.
Capacity
PETITIONIN(} CREDIT<>:R5
Name and Address oi Peti;ioncr K2 Corporation Nature of Clilim Goods sold and Amoun :of Claim
•••• ••• 19215 Vashon Highway SW
Vashon WA 98070-5236
delivered to debtor · ssi.
6 bJ..l l
~ •and Address of Petitioner Nature of Claim kuolm . ore:~
• Name and Address of Petitioner Nature of Claim
'
Note: If there are more than three petitioners, attach additional sheets with the statement under Total J ll!Ollllt of
penalty of perjury, each petitioner's signature .under the statement and the name ofattomey ·Piitit~i erf •Claims
and petitioning creditor info~tion i.:ri the * t aLove. • $3: i ,177. 71
_ _ continuation sheets attached
Case: 05-10083-MWV Doc#: 1 Filed: 01/11/05 Desc: Main Docurne 't Page 4 of 7
VEBIFICATION OF PETl'l)IOffR.,
I, a duly authorized o ~:for Salomon North America, Inc., • Petitioner
named in the attached Petition, declare under penalty of perjury that the atuichc,d
Involuntary Petition is true and correct according to the best of my kllowl
information, and belief.
case: 05-10083-MWV Doc #: 1 Filed: 01/11/05 Desc: Main Docurne -t Page 5 of 7
VERIFICATION OF PETITIONER
I, a duly authorized officer/agent for Burton Corporation, the Petiti nernamed in
the attached Petition, declare under penalty of perjury that the attached Inv luntary
Petition is true and correct according to the best of my knowledge, informa 'on, and
belief.
Chris Sherman
Title: Credit Manager
Case: 05-10083-MWV Doc#: 1 Filed: 01/11/05 Desc: Main Docume l Page 6 of 7
VERIFICATION OF PETITIONER
I, a duly authorized officer/agent for Red Corporation, the Petiti9ne named in the
attached Petition, declare under penalty of perjury that the attached Iriv9hf tary·Petition
is true and correct according to the best of my knowledge, information, an · belief.
Chris Shennan
Title: Credit Manager
Case: 05-10083-MWV Doc#: 1 Filed: 01/11/05 Desc: Main Docume t Page 7 of 7
VERIFICATION OF PETITlONER
I, a duly authorized officer/agent for K2 Corporation, the Petitioner .• •• ed in the
attached Petition, declare under penalty of perjury that the attached ihvdlun ary•Petition
is true and correct according to the best of my knowledge, information, and 'belief
Dated: 1/ q--},:;,
GregB,
Title: Credit Manager
Case: 07-01021-MWV Doc#: 1 Filed: 01/08/07 Desc: Main Document Page 1 of 4
THE UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW HAMPSHIRE
*************************
In re: *
* Chapter 7
BANAGAN'S CYCLING *
COMPANY,INC. * Case No. 05-10083-MWV
*
Debtor. *
*
*************************
MICHAEL S. ASKENAIZER,
CHAPTER 7 TRUSTEE
Adv. Proc. No.
v.
American Express Company
Defendant *
*************************
COMPLAINT
lNTRODUCTTQN
Michael S. Askenaizer, as Chapter 7 Trustee, brings the instant adversary proceeding
pursuant to 11 U.S.C. §§105, 502,542,544,547,548,549 and 550 and Bankruptcy Rule 7001
et. seq., to avoid certain transfers made by Banagan's Cycling Company, Inc. (the "Debtor") to
American Express Company (the "Defendant").
•ll1'$JSWCITQN hND VENiIB
1. This Court has jurisdiction over this adversary proceeding pursuant to 28
U.S.C. §§1334 and 1471.
2. The United States District Court for the District of New Hampshire has
referred all cases under Title 11 to the Bankruptcy Judges for this district.
3. Venue is proper in this district pursuant to 28 U.S.C. §1409.
4. This is a "core proceeding" pursuant to 28 U.S.C. §157(b)(2)(A), (E), (F)
and (0).
PARTIES
5. P~aintiff, Michael S. Askenaizer is the duly appointed Chapter 7 Trustee in the
Case: 07-01021-MWV Doc#: 1 Filed: 01/08/07 Desc: Main Document Page 2 of 4
Chapter 7 Bankruptcy Case of the Debtor (the "Trustee");
6. The Defendant is, upon information and belief, a business organized under the
laws of the United States of America and has a principal place of business at World Financial
Center, 200 Vesey Street, New York, NY, 10285.
FACTS
7. On January 11, 2005, an involuntary petition under Chapter 7 of the Bankruptcy
Code was filed against the Debtor (the "Petition Date").
8. Within ninety (90) days of the Petition Date, Debtor made the following transfer
(the "Transfer") to the Defendant, a creditor of the Debtor, totaling $11,574.94 (collectively,
the "Transfers"):
.'()heck N\Wber Amount
19480 $11,574.94 9/8/2004 10/21/2004
CQITNTT
(Avoidance of Preferential Transfer § 11 U.S.C. §§547 and 550)
9. The Trustee restates the allegations contained in paragraphs one through and
including eight and incorporates them herein.
10. The Defendant was a creditor of the Debtor and the Transfer was made for
Defendant's benefit.
11, The Transfer to Defendant was made within ninety days of the Petition Date.
12. The Transfer to Defendant was made on account of an antecedent debt.
13. The Transfer to Defendant was made at a time when the Debtor was
insolvent.
14. The Transfer to Defendant enabled Defendant to receive more than
it would have received if 1) the case were a case under chapter 7; 2) the Transfer had not been
made; and 3) Defendant had been paid as provided in Title 11.
WHEREFORE, the Trustee respectfully requests that this Court enter an Order
determining that-the Transfer to the Defendant is preferential pursuant to 11 U.S.C. §547; order
that the Defendant be liable for the return and account of the Transfer so transferred by the
Debtor pursuant to 11 U.S.C. §§542 and 550; and, for such other relief as this Court deems to
be just.
2
Case: 07-01021-MWV Doc#: 1 Filed: 01/08/07 Desc: Main Document Page 3 of 4
CQTTNTII
(Avoidance of Fraudulent Transfers § 11 U.S.C. §§ 544 and 548)
15. The Trustee restates the allegations contained in paragraphs one through and
including fourteen and incorporates them herein.
16. The Debtor, whose property or whose interest in property was transferred in the
Transfer, received less than a reasonably equivalent value in exchange for such Transfer.
I 7. The Transfer was made (a) at a time when the Debtor was engaged or was about
to engage in a business or transaction for which the remaining assets of the Debtor were
unreasonably small capital, (b) at a time when the Debtor intended to incur, or believed, or
should have believed that the Debtor would incur, debts beyond Debtor's ability to pay as they
became due, (c) at a time when the Debtor was insolvent or (d) with the result that the Debtor
became insolvent as a result of such Transfers.
WHEREFORE, the Trustee respectfully requests that this Court enter an Order
determining that the Transfers to the Defendant are fraudulent transfers pursuant to 11 U.S.C.
§548; order that the Defendant be liable for the return and account of the Transfers so transferred
by the Debtor pursuant to 11 U.S.C. §§542 and 550; and, for such other relief as this Court
deems to be just.
CQTJNTTTT
(For Recovery of Transfers § 11 U.S.C. §550)
18. The Trustee restates the allegations contained in paragraphs one through and
including seventeen and incorporates them herein.
19. The Trustee is entitled to avoid the Transfer as described above pursuant to 11
U.S.C. §§544, 547, and/or 548.
20. The Defendant was the initial transferee of the Transfers, the intermediate or
mediate transferee of the initial transferee of the Transfers, or the person for whose benefit the
Transfers were made.
WHEREFORE, pursuant to 11 U.S.C. §550, the Trustee is entitled to recover from the
Defendant an arriount to be determined at trial but that is not less than the sum of the Transfers,
plus interest to the date of payment and costs of this action.
CQilNI IV
(To Disallow Claim § 11 U.S.C. 502(d))
3,
Case: 07-01021-MWV Doc#: 1 Filed: 01/08/07 Desc: Main Document Page 4 of 4
l
21. The Trustee restates the allegations contained in paragraphs one through and
including twenty and incorporates them herein.
22. The Defendant is the transferee of Transfer by the Debtor avoidable under 11
U.S.C. §544, 547, and/or 548, which is recoverable from the Defendant under 11 U.S.C. §550.
23. Pursuant to 11 U.S.C. §502(d), in the event that Defendant is liable for any
avoidable Transfer under 11 U.S.C. §§544, 547, and/or 548, any claims held by the Defendant
against the Debtor and/or its estate must be disallowed unless the Defendant pays the amount of
the Transfer and recoverable property to the Trustee.
Respectfully Submitted,
MICHAELS. ASKENAIZER, CHAPTER 7 TRUSTEE
By His attorneys,
LAW OFFICES OF MICHAEL S. ASKENAIZER. PLLC
Date: January 8, 2007 By: ls(Michae1 S. Askt:naizer
Michael S. Askenaizer, Esq. (BNH #04714)
60 Main Street
Nashua, NH 03060
Telephone: (603) 594-0300
4
EXHIBIT 17
Meet the Jerk Who'll Introduce Rand Paul at His First Campaign Rally
THAT GUY
As he begins his lap through early primary states, Rand Paul will be introduced in New Hampshire by
lawmaker many Republicans there love to hate.
David Freedlander
Updated Apr. 14, 2017 11:07AM ET/ Published Apr. 07, 2015 8:55PM ET
via Facebook
Listen to article7 minutes
Say this for Rand Paul: The Kentucky senator and just-announced presidential candidate does not lack
for an interesting cast of supporters.
One day after announcing his presidential bid, Paul will be introduced by a New Hampshire lawmaker so
eccentric that the state GOP tried to gerrymander him out of politics.
Andy Sanborn, a state senator who was the co-chairman of Ron Paul's 2012 New Hampshire campaign,
is an infamous character in New Hampshire politics known for his bombastic rhetoric and brushes with
the law.
When asked about Senator Sanborn, Raymond Buckley, the chairman of the New Hampshire Democratic
Party, had to keep himself from laughing.
"Let's just say he is one of our more colorful elected officials," Buckley said. "He seems to like the
theater of politics more than passing legislation."
Buckley said that most of his beset Sanborn stories were not suitable for public consumption, but count
among his favorites the time that soon after getting elected to the State Senate, Sanborn posted a sign
on his office door in the Capitol that said "Mancave," advertising an "indoor shooting range, big screen
TV, pool tables, heated swimming pool, draft beer'' inside.
Buckley also pointed to the fact that even though Sanborn is one of the most anti-drug lawmakers in
New Hampshire, he owns a building that housed a head shop and that was raided by the Drug
Enforcement Administration.
Then there are Sanborn's public comments.
On a radio show, he laughingly compared Obamacare to Asiana Airlines Flight 214, which crash-landed
in San Francisco, killing three.
"Now that this thing is barreling down on us like a jet landing into San Francisco," he told the host with a
chuckle. "It should make people really concerned."
Then there was the time he referred to New Hampshire Governor Maggie Hassan in a Tweet as
"Haggie."
"I am not sure colorful is the right word," Sanborn said when asked about this assessment. "I, like Rand,
believe we got into the public policy arena to get something done, and to have conviction and fight for
something. And some might suggest that is a rarity in politics today, but Ronald Reagan did it, Rand Paul
does it, and I do it."
When asked about some of his off-color comments, Sanborn paused for several seconds.
"And your point is?" he eventually said. "I have made my mistakes. There is no question I am as human
as anyone else. I think people today are tired of the wailing and gnashing to teeth of political activists
trying to disparage someone on the other side of the aisle."
Not all of the trouble that Sanborn has found himself in stem from things he has said-nor do they all
come from Democrats in New Hampshire.
In 2010, his fellow Republicans tried to redistrict Sanborn out of his seat by putting him into a much
more Democratic district. So Sanborn moved across the state, to a friendlier district, and won.
In 2004, Sanborn, a Porsche and Ferrari collector, abruptly shut down a chain of bike and ski stores he
owned-workers showed up only to find the doors locked-citing poor health.
The shop's suppliers took him to court to recover money he owed them. The lawyer for the equipment
suppliers told The Concord Monitor at the time that Sanborn's goal was to make enough money in the
closing sale to pay off his bank loan, and then once the case landed in bankruptcy court, ensure that the
suppliers only received a fraction of what he owed them .
Regardless, Sanborn's health soon recovered, and he didn't retire as promised, but ran for the state
legislature and opened up a popular sports bar in the capital city of Concord called The Draft.
When it opened, Sanborn described it to the local alternative weekly as a place from "a slightly older
era ... ten or fifteen years ago, [when] women actually got dressed up to go out at night, and put makeup
on. I don't think that's a bad thing."
In the most recent campaign, Sanborn received criticism for putting out a negative mailer that featured
a dark-skinned man in a hoodie glaring out next to a picture of his Democratic opponent in order to
paint him as soft on crime. Democrats discovered that the image came from a Getty image search for
"Menacing Hoodie."
That same year Democrats also hit Sanborn, whose wife is also in the state legislature, for failing to pay
his property taxes 25 times over the previous 20 years, despite re peated promises to do so.
Regardless, it is no secret why Paul picked Sanborn to help lead his charge in New Hampshire.
As many local Republicans bide their time before deciding who to endorse, Sanborn has already become
one of Paul's most prominent backers in the state GOP. Plus, Sanborn has staked a claim as one of the
most anti-tax lawmakers in a vociferously anti-tax state, leading the charge to repeal a state tax on small
businesses that incorporate.
"I can't tell you in Washington, D.C., who is a Republican and who is a Democrat," Sanborn said. Paul, he
added, was different.
"There is a consistency to him which I think is incredible. He truly believes and understands hot just the
Constitution, but respecting it in a way that brings back the traditional values that are important to us."
Sanborn also said that he hadn't yet planned out what he was going to say at the big rally on Wednesday
for Paul.
"As you can probably tell, I am more of a shoot-from-the-hip kind of guy."
EXHIBIT 18
https://www.senti nelsou rce. com/busi n ess/busi n ess_news/banaga n-s-14-yea r-ri de-comes-to-a-
ha It/a rti cl e_fcd 1 d 12d-1f6e-548a-bef7-32ecc05e133f.html
Banagan's 14-year ride comes to a halt
By MELANIE ASMAR
Nov 27, 2004
Fourteen years ago, all of the major snowboard companies told owner Andy Sanborn that
Banagan's Bicycle Shop wasn't "core" - as in hardcore - enough to sell their boards.
Today, with stacks of snowboards painted with flaming skeletons and red tulips lining
the walls, no one would dare make that claim. That's partly why many loyal customers
are so bummed that the bike, ski, skate and-snowboard specialty shop is going out of
business.
"Everyone I know who lives around here, this is their store for snowboarding and
skating," said customer Courtney Westbrook, 16, of Dunbarton.
Starting Tuesday, Banagan's three stores in Keene, Concord and Lebanon began clearing
the shelves. At the shop's South Main Street location, everything from the red Jamis
"Hot Rod" tricycles to the $2,000 Colnago road bikes must go before the store locks up
for good - a process Sanborn said could take months.
"We are selling the business to our customers one piece at a time," he said. "They've
supported us for 14 years, and we want to pay them back."
Sanborn, who won't reveal his age, owns the business with his wife, Laurie. The main
reason they're retiring is because he has battled health problems for the past 5 years,
leaving her to both run the stores and care for him. (Sanborn didn't want to disclose
details about his illness, either.) But the former triathlete and New Hampshire native -
who describes himself as "somewhere between 30 and 50" - said his ordeal has m
him realize the importance of living life to the fullest. Privacy • Terms
"I want to take my wife away and reward her for being my wife," Sanborn said. "I want to
live the American dream: retiring while I still can."
Always outdoor sports enthusiasts, the Sanborns left their desk jobs in 1989 and opened
their first Banagan's Bicycle Shop in Keene. Sanborn said they felt customers in the area,
including themselves, weren't getting the level of service they deserved when it came to
their bikes, and they wanted to run a business where the employees were nuts and
knowledgeable about what they sold. That first winter, Banagan's also cut the ribbon on
50/50, a snow and skateboard wing of the shop, in order to trick snowboard companies
into selling them their products.
"When we first called, everyone said 'Oh, dude, you're a bike shop ... we can't sell to
you,"' Sanborn said. "So the next day, we created 50/50 and called them back and they all
said, 'Yeah, we'll totally sell to you!"'
In 1990, Banagan's opened another shop in the space on Main Street that is now
Gibson's Book Store. The store inched its way down the block seven years later to its
current location in a building four times the size. And the next year, the Sanborns added
skis to their inventory.
"Parents would drop their kids off to buy a snowboard and then go buy skis somewhere
else," Sanborn said. "You can only watch that so many times."
Over the years, Banagan's in Concord gained a reputation as a cool place to hang out,
peruse the merchandise and watch a skate video on the big-screen TV. Sanborn said the
store has always catered to a younger, more aggressive crowd -meaning the kids who
grind on railings after school instead of playing football.
"We are going to miss our customers the most, Laurie Sanborn said. "They're so much
fun, and they love the products. It's not stuff they have to buy, but stuff they want to
buy."
Privacy • Terms
During the holiday season, customers will be able to catch some good deals. The
Sanborns plan to sell off every last pair of snow pants and then skip the country. They've
made a "top 10 list" of places they want to visit, including Russia, New Zealand and the
Great Wall of China.
"I'm the fourth generation to live in the state," Sanborn said. "I was born here, I grew up
here, I was educated here, I married a girl from here and I ran a business here. I don't
want to die here without living. It's a huge world out there."
As for their storefront, the Sanborns hope to rent it to another business. Nan Hagan,
director of Concord's Main Street Program, said the property is the biggest on the entire
street at over 600,000 square feet. She said the program wants to draw in a restaurant or
perhaps a health club to fill the space.
"We're sorry to see them (Banagan's) close," Hagan said. "They were a wonderful
downtown business."
Privacy - Terms
EXHIBIT 19
C
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tf Home .., Seart 1 Support m c, ~ Re l\ctivity tion ~ Log
Name Party Type Both
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mu:n1 l Name * sanborn anlhony
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# <I!> iii Status Search Name Grantor Grantee Doc Type Book Page docket# plan #
Date Type
+ V SANBORN AMC MORTGAGE SERVICES INC ATTY SANBORN ANTHONY 10/02/2006 QUITCLAIM OPR 2932 0829 658824
ANTHONY DEUTSCHE BANK NATIONAL TRUST COMPANY TR
BY ATTY
AMERIQUEST MORTGAGE SECURITIES INC 2004-
R3 BYTR
2 + V SANBORN DAVIS ROBERT 02/06/2008 TAXREDEMP OPR 3045 0120 700940
ANTHONY DAVIS ROBERT
DAVIS CHERYL
DOWLING VALERIE
MORCOM JOHN
FOULIARD NICOLE J
MORRIS SAMUEL
NAUGHTON GEORGE
SANBORN ANTHONY
3 + V SANBORN SANBORN ANTHONY 09/24/2009 TAXREDEMP OPR 3156 0859 746393
ANTHONY
4 + V SANBORN ROUTHIER RICHARD R WARNER TOWN OF 05/07/2009 RE T/LIEN OPR 3127 0778 734626
ANTHONY ROY GERALD E
ROYER JAMIE
ROYER CHRISTINE
RUFFMARKW
SANBORN ANTHONY
SMITH FREDERICK W
SMITH MILTON L JR
SMITH PETER
SMITH DENISE
STANLEY RICHARD MARK
5 + V SANBORN RURAL HOUSING SERVICE WARNER TOWN OF 05/14/2012 RET/LIEN OPR 3314 0704 811358
ANTHONY RYAN KARENA
SANBORN ANTHONY
SIMON MICHAEL
SMITH PETER
SMITH DENISE
STRAUCH LAURETTA K
SUCHOMSKI MATTHEW P
THORPE LON
THORPE KATHERINE
6 + V SANBORN MORETTO JOHN G 07/18/2012 TAXREDEMP OPR 3326 0643 816341
ANTHONY MORETTO MARY ELLEN
SANBORN ANTHONY
SMITH PETER
SMITH DENISE
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# <!> •= Status Search Name Grantor Grantee Doc Type Book Page docket # plan #
Date Type
7 + V SANBORN SANBORN ANTHONY WARNER TOWN OF 05/11/2007 RE T/LIEN OPR 2987 0351 679043
ANTHONY PLACE GEORGE ESTATE
PLACE BETTY ESTATE
POLONIA DAVID
R AW INVESTMENT INC
REYNOLDS CHEROKEE
SALA ANDREW G
SALA JANET
8 + V SANBORN SANBORN AM TD BANKNORTH N A 01/17/2007 MORTGAGE OPR 2959 0220 668455
ANTHONY SANBORN LAURIE J REVOCABLE TRUST BY TR
SANBORN LAURIE J TR
SANBORN L J TR
SANBORN ANTHONY
9 + V SANBORN NEWMAN PETER WARNER TOWN OF 06/29/2020 RE T/LIEN OPR 3683 2204 202000012925
ANTHONY STASALOVICH MICHAEL J
STASALOVICH LISA
NICKERSON CARL F
PLACE GEORGE ESTATE
PLACE BETTY ESTATE
SANBORN ANTHONY
SIMON MICHAEL
SPAULDING MICHAEL T
10 + V SANBORN JONES RICHARD 08/06/2020 TAXREDEMP OPR 3690 0393 202000016381
ANTHONY MAHONEY EVERETT S
NICKERSON CARL F
SANBORN ANTHONY
11 + V SANBORN SANBORN ANTHONY 11/18/2019 - OPR 3655 0808 201900021586A
ANTHONY
12 + V SANBORN SANBORN ANTHONY SANBORN ANTHONY 06/09/2021 WARRANTY OPR 3743 0454 202100014934
ANTHONY EMERY MELISSA SANBORN MELISSA
SANBORN MELISSA EMERY MELISSA
13 + V SANBORN SANBORN ANTHONY NAVY FEDERAL CREDIT 06/09/2021 MORTGAGE OPR 3743 0458 202100014935
ANTHONY SANBORN MELISSA UNION
14 + V SANBORN SANBORN ANTHONY TESLA INC 01/24/2023 FIN STATE OPR 3817 1071 202300001017
ANTHONY SANBORN MELISSA
15 + V SANBORN SANBORN ANTHONY 01/24/2023 -- OPR 3817 1071 202300001017A
ANTHONY
16 + V SANBORN SANBORN ANTHONY M 04/08/2016 - OPR 3511 0357 201600005411A
ANTHONYM
17 + V SANBORN SANBORN ANTHONY M 12/18/2006 DISCH OPR 2952 0670 665897
ANTHONYM SANBORN LAURIE J
18 + V SANBORN SANBORN ANTHONY M 10/04/2018 DISCH OPR 3610 1515 201800018111
ANTHONYM SANBORN LAURIE J
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# ® iii Status Search Name Grantor Grantee Doc Type Book Page docket# plan #
Date Type
19 + V SANBORN SANBORN AM SANBORN LAURIE J 03/05/2004 QUITCLAIM OPR 2630 0779 552082
ANTHONYM SANBORN ANTHONY M
20 + V SANBORN I S LIVING LLC CONCORD BOOKSELLER 03/05/2004 ASSIGN LEASE OPR 2630 0794 552087
ANTHONYM IS LLC INC
IS LLC INC GIBSON'S BOOK STORE
SANBORN AM HERRMANN MICHAEL
SANBORN ANDY HERRMANN SHANNAN
SANBORN ANTHONY M
21 + V SANBORN CONCORD BOOKSELLERS INC LACONIA SAVINGS BANK 03/05/2004 SUB AGREE OPR 2630 0795 552088
ANTHONYM GIBSON'S BOOK STORE
HERRMANN MICHAEL
IS LIVING LLC
SANBORN ANTHONY M
SANBORN LAURIE J REVOCABLE TRUST BY TR
SANBORN LAURIE J TR
SANBORN L TR
22 + V SANBORN SANBORN ANTHONY M LEDOUX BRUCE G II 05/29/2007 MORTGAGE & SEC OPR 2991 0575 680777
ANTHONYM SANBORN AM AGREE
23 + V SANBORN BANAGAN'S CYCLING CO INC BANAGAN'S CYCLING CO 08/30/1999 TERMINATN LEASE OPR 2172 1658 366458
ANTHONYM SANBORN AM INC
SANBORN ANTHONY M
SANBORN LAURIE
24 + V SANBORN SANBORN AM LACONIA SAVINGS BANK 08/30/1999 MORTGAGE QPR 2172 1660 366459
ANTHONYM SANBORN ANTHONY M
25 + V SANBORN SANBORN AM LACONIA SAVINGS BANK 08/30/1999 ASSIGN OF RENTS OPR 2172 1665 366460
ANTHONYM SANBORN ANTHONY M L&C
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# ® 11:ii Status Search Name Grantor Grantee Doc Type Book Page docket # plan '
Date Type
26 + V SANBORN SANBORN ANTHONY M 02/22/2008 DISCH OPR 3048 1010 702258
ANTHONYM
27 + V SANBORN SANBORN LAURIE J 10/20/2005 DISCH OPR 2833 0896 623308
ANTHONYM SANBORN ANTHONY M
28 + V SANBORN ALLEN RUSSELL B 02/22/2005 TAXREDEMP OPR 2750 0493 594731
ANTHONYM SANBORN ANTHONY M
29 + V SANBORN WHITING ANITA 02/22/2005 TAXREDEMP OPR 2750 0494 594732
ANTHONYM ALLEN RUSSELL B
DROUIN BRENDA F
FRAWLEY THOMAS
BARTLETT KATHY
MILBURY DOUGLAS V JR
SANBORN ANTHONY M
SANBORN LAURIE J REVOC TRUST
30 + V SANBORN SANBORN ANTHONY M 01/31/2005 OPR 2745 0430 592728A
ANTHONYM
31 + V SANBORN DAVIS MICHELLE 05/05/2004 TAXREDEMP OPR 2652 0586 559653
ANTHONYM MARSH DONALD S
MARSH ELIZABETH M
MATSON GORDON D
MAY BENJAMIN R
MAY ROBERTA
MCNAIR CAROLE
MCNAIR DAVID
NEMETZ DAVID W
NORRIS GARY D
NORRIS LINDA R
OSGOOD JOANIE
ROLLINS THERESA
SANBORN ANTHONY M
SEILER MATTHEW F
32 + V SANBORN SANBORN ANTHONY M 03/15/2004 DISCH OPR 2632 1065 552960
ANTHONYM
33 + V SANBORN SANBORN ANTHONY M 03/15/2004 DISCH OPR 2632 1066 552961
ANTHONYM
34 + V SANBORN SANBORN AM CHASE MANHATTAN MORTGAGE 08/18/2003 MORTGAGE OPR 2553 1244 524391
ANTHONYM SANBORN ANTHONY M CORPORATION
SANBORN L
SANBORN LAURIE J
35 + V SANBORN SANBORN AM CHASE MANHATTAN MORTGAGE 08/13/2003 MORTGAGE OPR 2551 0323 523622
ANTHONYM SANBORN ANTHONY M CORPORATION
SANBORN L
SANBORN LAURIE J
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# ® ill Status Search Name Grantor Grantee Doc Type Book Page docket# plan ,
Date Type
36 + V SANBORN LASPESA MICHAEL CONCORD CITY OF 05/16/2003 RETILIEN OPR 2503 0735 507868
ANTHONYM ROSS ANNE L
ROY DAVID L
ROY THOMASA
RUSIN AMANDA N
RUSIN JASON A
RUSSELL JOSEPH T
RYAN ROBERT J
SAGONA MARIAN N
SANBORN ANTHONY M
SANBORN LAURIE J
SARGENT DEIRDRE
SARGENT EDWARD
SCHATZ PATRICIA A
SEIFRIED BRIAN W
SEIFRIED PATRICIA E
SEIGEL BETTY M
SEIGEL GEORGE J
37 + V SANBORN BOEZEMAN ANGUS CONCORD CITY OF 05/1612003 RE T/LIEN OPR 2503 0702 507836
ANTHONYM BOEZEMAN CHRISTINE
COHEN ALAN M
EKSTROM HAROLD
EKSTROM JUDITH A
FERGUSON MICHAELE
SANBORN ANTHONY M
38 + V SANBORN SANBORN ANTHONY M 11/21/2002 TAXREDEMP OPR 2428 0349 481948
ANTHONYM SARGENT DEIRDRE
SARGENT EDWARD
THURSTON NADINE L
THURSTON RORY S
39 + V SANBORN SANBORN AM CITIZENS BANK NEW HAMPSHIRE 08/15/2002 MORTGAGE OPR 2392 0725 469303
ANTHONYM SANBORN ANTHONY M
SANBORN LAURIE J
40 + V SANBORN SANBORN ANTHONY M 05/30/2002 DISCH OPR 2369 1498 460339
ANTHONYM SANBORN LAURIE J
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41 + V SANBORN SANBORN ANTHONY M CONCORD CITY OF 05/17/2002 RET/LIEN OPR 2365 1774 458763
ANTHONYM SANBORN RALPH L
SARGENT DEIRDRE
SARGENT EDWARD
SAWYER CHARLES M JR
SCHATZ JOHN W
SCHATZ PATRICIA A
SCHOENFELD SUSAN C
SEA-SCAFF REALTY LLC
SEIFRIED BRIAN W
SEIFRIED PATRICIA E
SEIGEL BETTY M
SEIGEL GEORGE J
SEILER MATTHEW F
SEMALES PHILLIP J
42 + V SANBORN SHAW DOROTHY M SANBORN ANTHONY M 07/02/1992 WARRANTY OPR 1887 2270 174665
ANTHONYM SHAWJOHNP SANBORN LAURIE J
43 + V SANBORN SANBORN ANTHONY M COLONIAL MORTGAGE INC 07/02/1992 MORTGAGE OPR 1887 2271 174666
ANTHONYM SANBORN LAURIE J
44 + V SANBORN CHAMPAGNE TOM ATTY SANBORN ANTHONY M 05/11/1994 QUITCLAIM CPR 1956 1210 222920
ANTHONYM FEDERAL DEPOSIT INSURANCE CORPORATION
RECEIVER BY
NEW HAMPSHIRE SAVINGS BANK BY RECEIVER
45 + V SANBORN SANBORN ANTHONY M LANDMARK BANK 05/11/1994 MORTGAGE OPR 1956 1215 222921
ANTHONYM SANBORN LAURIE J
46 + V SANBORN SANBORN ANTHONY M BANAGAN'S CYCLING CO INC 05/11/1994 NOTICE OF OPR 1956 1220 222922
ANTHONYM SANBORN LAURIE J LEASE
47 + V SANBORN SANBORN ANTHONY M LANDMARK BANK 05/11/1994 ASSIGN LEASE OPR 1956 1223 222923
ANTHONYM SANBORN LAURIE J
48 + V SANBORN DEANGELIS MARY 07/21/1999 TAXREDEMP QPR 2166 0885 362278
ANTHONYM S & G RESTAURANT INC
SANBORN ANTHONY M
SWENSON JOHN
TATRO HENRY HEIRS
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# ® Iii Status Search Name Grantor Grantee Doc Type Book Page docket# plan
Date Type
49 + V SANBORN RUSSELL CONCORD CITY OF 05/20/1999 RE T/LIEN QPR 2156 0062 355890
ANTHONYM RUSSELL TANYA
S & G RESTAURANT INC
SALYER SONIA H
SAMSON JOANN
SANBORN ANTHONY M
SANBORN MARION L
SARGENT JOSEPH M
SARGENT LINDA M
SARRESHTEDARY FATEMAH
SCHWINDT DORIS B
SCHWINDT JOSEPH E
SEIGEL BETTY M
SEIGEL GEORGE J
SHELDON LINDA
50 + V SANBORN CFX MORTGAGE INC NATIONSBANC MORTGAGE 11/23/1998 ASSIGNMENT OPR 2126 0684 338301
ANTHONYM COLONIAL MORTGAGE INC CORPORATION
SANBORN ANTHONY M
SANBORN LAURIE J
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# <!> !5 Status Search Name Granto, Grantee Doc Type Book Page docket# plan
Date Type
SANBORN ANTHONY M PANZICA LOUIS f. , {EOEMP 2118 331038
PANZICA SH:PHP E:
F·ETEL.L GUY L
PFTFLI .. SANDf~/1 L
RUSSELL TANYA
)NY
SKUKKA RAYMOND J
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52 + V SANBORN ANTHONY M DIMOND BARBARA A 09/21/1998 TAXREDEMP OPR 2118 0341 331040
FUNG VICTOR K
HOLDEN PETER
KNEE JAMES E
LEWIS DAVID A
LINCOLN LIMITED PARTNERSHIP
LITTLE MICHAEL G
SANBORN ANTHONY M
SCADUTO MARGARET
THIBEAULT DEBORAH M
THIBEAULT WILFRED S
TRIACCA SCOTT J
SECRETARY OF HOUSING & URBAN
DEVELOPMENT
HOUSING & URBAN DEVELOPMENT
SECRETARY OF
53 + V SANBORN ANTHONY M SABBOW & CO INC CONCORD CITY OF 05/26/1998 RE T/LIEN OPR 2100 1559 319843
SALYER SONIA H
SAMSON JOANN
SANBORN ANTHONY M
SANBORN LISE B
SANBORN MARION L
SANBORN RALPH L
54 + V SANBORN ANTHONY M IS LLC CONCORD BOOKSELLERS INC 05/01/1998 LEASE AGREE OPR 2097 0877 317703
IS LLC INC GIBSON'S BOOK STORE
SANBORN AM HERRMANN MICHAEL
SANBORN ANTHONY M HERRMANN SHANNAN
55 + V SANBORN ANTHONY M SANBORN ANTHONY M 03/27/1995 - OPR 1983 0598 241708
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# <!!> iii Status Search Name Grantor Grantee Doc Type Book Page docket # plan
Date Type
56 + V SANBORN ANTHONY M DAVIS MICHELLE CONCORD CITY OF 05/17/2002 RET/LIEN OPR 2365 1773 458762
LASPESA MICHAEL
ROBINSON BRIAN
ROBINSON EDWARD
ROBINSON ROBERT
ROBINSON ROBERT G
RODGER MATTHEW T
RODRIGUES DAVID M
RODRIGUES JOYCE
ROGERS PAUL A
ROLLINS THERESA
ROSSANNEL
ROY BETH
ROY DAVID
ROY DAVID L
ROY FRANK
RUSSELL MARJORIE TR
SANBORN ANTHONY M
57 + V SANBORN ANTHONY M COHENALANM CONCORD CITY OF 05/17/2002 RE T/LIEN OPR 2365 1736 458727
EKSTROM HAROLD
EKSTROM JUDITH A
FERGUSON MICHAEL E
MCCANN JOHN
PAPPAS JAMES TR
PAPPAS JOHN J REVOC TRUST 1994
BYTR
PAPPAS JOHN TR
PAPPAS MATTHEW TR
SANBORN ANTHONY M
STEPHENS GARY
58 + V SANBORN ANTHONY M SANBORN ANTHONY M 05/10/2002 DISCH OPR 2364 0054 457970
SANBORN LAURIE J
59 + V SANBORN ANTHONY M SANBORN AM MORTGAGE ELECTRONIC REGISTRATION 04/01/2002 MORTGAGE OPR 2352 1741 453113
SANBORN ANTHONY M SYSTEMS INC
SANBORN LAURIE J SIB MORTGAGE CORPORATION
60 + V SANBORN ANTHONY M SANBORN AM SANBORN LAURIE J 03/29/2002 QUITCLAIM OPR 2352 1144 453002
SANBORN ANTHONY M
SANBORN LAURIE J
61 + V SANBORN ANTHONY M SANBORN ANTHONY M CONCORD CITY OF 05/31/2001 RE T/LIEN OPR 2266 1215 419065
TWG CONCORD LLC
M&P PARTNERS LP
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# <!> 1: Status Search Name Grantor Grantee Doc Type Book Page docket# plan
Date Type
62 + V SANBORN ANTHONY M BEST REVENGE LLC 07/27/2000 TAXREDEMP QPR 2215 1158 393549
MEISSNER DAVID M
NEW ENGLAND SITEWORK &
O'NEILL ANNA
O'NEILL JOHN R
ROBINSON DIANE R
SANBORN ANTHONY M
TREAT DOUGLAS H
TREAT NANCY L
UPTON MATTHEW H
URAALLC
WOODBURN ELIZABETH AL
WOODBURN JEFFREY
63 + V SANBORN ANTHONY M ROY DAVID L CONCORD CITY OF 05/17/2000 RET/LIEN OPR 2205 1633 387848
ROY FRANK
ROY HENRY J JR
ROY JULIE A
ROY STARLYNE S
SALEYEDWIN
SALYER SONIA H
SAMAHA DEBRA A
SAMAHA PETER E
SANBORN ANTHONY M
SCALA JENNIFER M
SCHATZ JOHN W
SCHATZ PATRICIA A
SCHWANS SALES ENTERPRISES INC
SCHWINDT DORIS B
SCHWINDT JOSEPH E
64 + V SANBORN ANTHONY M SANBORN AM BOW MILLS BANK & TRUST 12/17/1999 MORTGAGE OPR 2187 1642 376163
SANBORN ANTHONY M
SANBORN LAURIE
65 + V SANBORN ANTHONY M SANBORN ANTHONY M 09/13/1999 DISCH OPR 2174 1267 367620
66 + V SANBORN ANTHONY M SANBORN ANTHONY M 09/13/1999 DISCH QPR 2174 1268 367621
SANBORN LAURIE J
67 + V SANBORN ANTHONY M I S LIVING LLC 09/01/1999 CONSENT OPR 2173 0777 366764
IND PTNR IS LLC
SANBORN A M IND PTNR
SANBORN ANTHONY M IND PTNR
68 + V SANBORN ANTHONY M CONCORD BOOKSELLERS INC LACONIA SAVINGS BANK 09/01/1999 SUB AGREE OPR 2173 0777 366764
IND PTNR GIBSON'S BOOK STORE
HERRMANN MICHAEL
HERRMANN SHANNAN
I S LIVING LLC
ISLLC
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SANBORN ANTHONY M IND PTNR
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rrimack County
cial Records s~arch
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# ® la Status Search Name Grantor Grantee Doc Type Book Page docket # plan #
Date Type
+ V SANBORN LAURIE BANAGAN'S CYCLING CO BANAGAN'S CYCLING CO INC 08/30/1999 TERMINATN LEASE OPR 2172 1658 366458
INC
SANBORN AM
SANBORN ANTHONY M
SANBORN LAURIE
2 + V SANBORN LAURIE SANBORN AM BOW MILLS BANK & TRUST 12/17/1999 MORTGAGE OPR 2187 1642 376163
SANBORN ANTHONY M
SANBORN LAURIE
+ •: . •.I' (_'1~ ~1,, f Ir .1f'~1 I ,r TOWN OF C 1,p-. ,I f-lf
RAYMOND E:DWARD
RED HAT REALTY l
RICE JOHN H Ill
RICL /\NDRLW ,I
SANBORN LAURIE
4 + V SANBORN LAURIE J SANBORN ANTHONY M 10/04/2018 DISCH OPR 3610 1515 201800018111
SANBORN LAURIE J
5 + V SANBORN LAURIE J SANBORN ANTHONY M 12/18/2006 DISCH OPR 2952 0670 665897
SANBORN LAURIE J
6 + V SANBORN LAURIE J SANBORN LAURIE J 10/20/2005 DISCH OPR 2833 0896 623308
SANBORN ANTHONY M
7 + V SANBORN LAURIE J SANBORN L MORTGAGE ELECTRONIC REGISTRATION 10/03/2005 MORTGAGE OPR 2827 0720 621187
SANBORN LAURIE J SYSTEMS INC
GMAC MORTGAGE CORPORATION
8 + V SANBORN LAURIE J SANBORN ANTHONY M 09/13/1999 DISCH OPR 2174 1268 367621
SANBORN LAURIE J
9 + V SANBORN LAURIE J CFX MORTGAGE INC NATIONSBANC MORTGAGE CORPORATION 11/23/1998 ASSIGNMENT QPR 2128 0884 338301
COLONIAL MORTGAGE INC
SANBORN ANTHONY M
SANBORN LAURIE J
10 + V SANBORN LAURIE J SANBORN AM FIRST NH BANK 10/13/1995 MORTGAGE OPR 2001 0987 254262
SANBORN LAURIE J
11 + V SANBORN LAURIE J SANBORN AM SANBORN LAURIE J 03/05/2004 QUITCLAIM OPR 2630 0779 552082
SANBORN ANTHONY M
12 + V SANBORN LAURIE J SHAW DOROTHY M SANBORN ANTHONY M 07/02/1992 WARRANTY QPR 1887 2270 174665
SHAW JOHN P SANBORN LAURIE J
13 + V SANBORN LAURIE J SANBORN ANTHONY M COLONIAL MORTGAGE INC 07/02/1992 MORTGAGE QPR 1887 2271 174666
SANBORN LAURIE J
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Type
Book Page docket # plan #
14 + V SANBORN LAURIE J SANBORN ANTHONY M LANDMARK BANK 05/11/1994 MORTGAGE OPR 1956 1215 222921
SANBORN LAURIE J
15 + V SANBORN LAURIE J SANBORN ANTHONY M BANAGAN'S CYCLING CO INC 05/11/1994 NOTICE OF LEASE QPR 1956 1220 222922
SANBORN LAURIE J
16 + V SANBORN LAURIE J SANBORN ANTHONY M LANDMARK BANK 05/11/1994 ASSIGN LEASE OPR 1956 1223 222923
SANBORN LAURIE J
17 + V SANBORN LAURIE J RHEINHEIMER LOWELL SANBORN LAURIE J 07/05/1995 WARRANTY OPR 1991 1745 247658
18 + V SANBORN LAURIE J SANBORN AM SANBORN LAURIE J 03/29/2002 QUITCLAIM OPR 2352 1144 453002
SANBORN ANTHONY M
SANBORN LAURIE J
19 + V SANBORN LAURIE J SANBORN LAURIE J MORTGAGE ELECTRONIC REGISTRATION 03/29/2002 MORTGAGE OPR 2352 1145 453003
SYSTEMS INC
SIB MORTGAGE CORPORATION
20 + V SANBORN LAURIE J SANBORN LAURIE J 02/11/2000 DISCH OPR 2193 1717 380019
21 + V SANBORN LAURIE J SANBORN LAURIE J 09/11/2003 DISCH OPR 2566 1648 528651
22 + V SANBORN LAURIE J SANBORN LAURIE J 09/02/2003 DISCH OPR 2561 1134 526916
23 + V SANBORN LAURIE J SANBORN AM CHASE MANHATTAN MORTGAGE 08/18/2003 MORTGAGE OPR 2553 1244 524391
SANBORN ANTHONY M CORPORATION
SANBORN L
SANBORN LAURIE J
24 + V SANBORN LAURIE J CITIZENS BANK NEW CHASE MANHATTAN MORTGAGE 08/18/2003 SUB AGREE OPR 2553 1260 524392
HAMPSHIRE CORPORATION
SANBORN LAURIE J
25 + V SANBORN LAURIE J SANBORN AM CHASE MANHATTAN MORTGAGE 08/13/2003 MORTGAGE OPR 2551 0323 523622
SANBORN ANTHONY M CORPORATION
SANBORN L
SANBORN LAURIE J
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Begin Date 08/01 /1823
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Your Name Search for Name "sanborn laurie", Book Type"", Document Types"", Begin Date "8/1/1823", and End Date "2/8/2023" returned the following results:
rri11111c:I( Co1111ty ff Hor; 0. Search f) Support Q rrim;,ck r F , r. ,1 .1 A 11•, ·1 <1;: ' tion Log
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KENNETH \."°' I 00! •IJ' o. 51371
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SANBORN LAUHIE J
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27 + V SANBORN LAURIE J LASPESA MICHAEL CONCORD CITY OF 05/16/2003 RE T/LIEN OPR 2503 0735 50781
ROSS ANNE L
ROYDAVIDL
ROY THOMASA
RUSIN AMANDA N
RUSIN JASON A
RUSSELL JOSEPH T
RYAN ROBERT J
SAGONA MARIAN N
SANBORN ANTHONY M
SANBORN LAURIE J
SARGENT DEIRDRE
SARGENT EDWARD
SCHATZ PATRICIA A
SEIFRIED BRIAN W
SEIFRIED PATRICIA E
SEIGEL BETTY M
SEIGEL GEORGE J
28 + V SANBORN LAURIE J SANBORN AM CITIZENS BANK NEW HAMPSHIRE 08/15/2002 MORTGAGE OPR 2392 0725 4693(
SANBORN ANTHONY M
SANBORN LAURIE J
29 + V SANBORN LAURIE J SANBORN ANTHONY M 05/30/2002 DISCH OPR 2369 1498 4603:
SANBORN LAURIE J
30 + V SANBORN LAURIE J SANBORN ANTHONY M 05/10/2002 DISCH OPR 2364 0054 4579:
SANBORN LAURIE J
31 + V SANBORN LAURIE J SANBORN LAURIE J 04/30/2002 DISCH OPR 2360 1774 45661
32 + V SANBORN LAURIE J SANBORN AM MORTGAGE ELECTRONIC 04/01/2002 MORTGAGE OPR 2352 1741 4531'
SANBORN ANTHONY M REGISTRATION SYSTEMS INC
SANBORN LAURIE J SIB MORTGAGE CORPORATION
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33 + V SANBORN LAURIE J REVOC TRUST SARTORI GARY J 07/21/2005 TAXREDEMP OPR 2800 1789 6120!
MULBERRY PLACE LLC
PAXTON COMMUNICATIONS LLC
SABBOW & CO INC
SANBORN LAURIE J REVOC
TRUST
SARTORI WILLIAM L
34 + V SANBORN LAURIE J REVOC TRUST RICHARDSON LINDA CONCORD CITY OF 05/2012005 RE T/LIEN OPR 2778 0092 6044!
ROBINSON JEFFREY I
ROBINSON KATHLEEN M
ROGERS MALCOLM
ROLLINS THERESA
DAVIS MICHELLE
ROSS ANNE L
LASPESA MICHAEL
ROY DAVID L
RYAN-WALSH KERRIE L
WALSH KERRIE L RYAN
SABBOW & CO INC
SAGONA MARIAN N
SANBORN LAURIE J REVOC
TRUST
35 + V SANBORN LAURIE J REVOC TRUST WHITING ANITA 02/22/2005 TAXREDEMP OPR 2750 0494 5947:
ALLEN RUSSELL B
DROUIN BRENDA F
FRAWLEY THOMAS
BARTLETT KATHY
MILBURY DOUGLAS V JR
SANBORN ANTHONY M
SANBORN LAURIE J REVOC
TRUST
36 + V SANBORN LAURIE J REVOC TRUST STORDAHL STUART E CONCORD CITY OF 05/21/2007 RE TILIEN OPR 2989 0072 6799:
SANBORN LAURIE J REVOC
TRUST
SANTARELLI JOHN L SR HEIRS
SARETTE JUDSON A
SARGENT EDWARD
SARGENT DEIRDRE
SAWYER CHARLES M JR
SCHNEIDER JEFFREY
SCHNEIDER CHRISTINE
SEBESTYEN MELISSA
SEIFRIED PATRICIA E
SEIFREID BRIAN W
SEILER MATTHEW F
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37 + V SANBORN LAURIE J REVOC TRUST W NINE HUNDRED LIMITED 05/18/2006 TAXREDEMP OPR 2893 0142 64481
PARTNERSHIP
NORTHERN RAILROAD
SANBORN LAURIE J REVOC
TRUST
SANBORN RALPH L
WYMAN DEBORAH A
WYMAN DAVID M
W900 LIMITED PARTNERSHIP
38 + V SANBORN LAURIE J REVOC TRUST RUDDY GEORGE E HEIRS CONCORD CITY OF 05/2012004 RETILIEN OPR 2657 1429 56161
RYAN-WALSH KERRIE L
SAGONA MARIAN N
SANBORN LAURIE J REVOC
TRUST
SARETTE JUDSON A
SARGENT DEIRDRE
SARGENT EDWARD
SCHARTNER STEVEN A TR
SCHATZ PATRICIA A
SCHNOBRICH JOEY A
SEEKAMP FREDERICK
SEEKAMP NOELLE
SEIFREID BRIAN W
SEIFRIED PATRICIA E
SEIGEL BETTY M
SEIGEL GEORGE J
WALSH KERRIE RYAN L
39 + V SANBORN LAURIE J REVOC TRUST BY TR SANBORN SADATIS JOHN CONCORD CITY OF 05/21/2009 RE T/LIEN OPR 3130 0693 7358•
LAURIEJ TR GARDNER LINDA
SAGER STEVEN
SANBORN LAURIE J REVOC
TRUST BY TR
SANBORN LAURIE J TR
SANDERS ELIZABETH E TR
SANDERS EE REVOC TR 1999 BY
TR
SARETTE JUDSON A
40 + V SANBORN LAURIE J REVOC TRUST BY TR SANBORN NORTHERN RAILROAD 04/22/2010 TAXREDEMP OPR 3189 1951 7602!
LAURIE J TR PRATT BEVERLY J
PRATT RICHARD H
SANBORN LAURIE J REVOC
TRUST BY TR
SANBORN LAURIE J TR
TARBELL ANDREW G
TARBELL MARY F
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41 + V SANBORN LAURIE J REVOC TRUST BY TR SANBORN RYANATE REALTY LLC CONCORD CITY OF 05/20/2011 RE T/LIEN OPR 3255 1221 7875!
LAURIE J TR SADATIS JOHN
GARDNER LINDA
SAJKO PETER M
SALMON SALLY M
SANBORN LAURIE J TR
SANBORN LAURIE J REVOC
TRUST BY TR
42 + V SANBORN LAURIE J REVOC TRUST BY TR SANBORN SANBORN LAURIE J TR 03/1612012 TAXREDEMP OPR 3303 0345 80671
LAURIE J TR SANBORN LAURIE J REVOC
TRUST BY TR
SMITH RICHARD E
STONEHAM CLARENCE B
ASTLES KENNETH M
SWEATT DAREN
43 + V SANBORN LAURIE J REVOC TRUST BY TR SANBORN RIVET FRANK R 09/06/2007 TAXREDEMP OPR 3016 1286 6900:
LAURIE J TR RIVET THERESA A
RIVET DONALD G SR
RIVET KIM L
SANBORN LAURIE J TR
SANBORN LAURIE J REVOC
TRUST BY TR
SANTARELLI JOHN L SR HEIRS
44 + V SANBORN LAURIE J REVOCABLE TRUST SANBORN LAURIE J REVOCABLE 08/28/2006 DISCH OPR 2922 1145 65531
TRUST
45 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN AM TD BANKNORTH NA 01/17/2007 MORTGAGE QPR 2959 0220 6684!
SANBORN LAURIE J TR SANBORN LAURIE J REVOCABLE
TRUST BY TR
SANBORN LAURIE J TR
SANBORN L J TR
SANBORN ANTHONY
46 + V SANBORN LAURIE J REVOCABLE TRUST BY TR HAYSLIP & HODGKINS REALTY 12/23/2005 WAIVER OPR 2854 0475 6306(
SANBORN LAURIE J TR ASSOC F/REFUSAL
THIRTY-ONE SOUTH MAIN STREET
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SANBORN LAURIE J REVOCABLE
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47 + V SANBORN LAURIE J REVOCABLE TRUST BY TR HERRMANN MICHAEL 05/06/2008 WAIVER QPR 3064 0059 70821
SANBORN LAURIE J TR SANBORN LAURIE J TR F/REFUSAL
SANBORN LAURIE J REVOCABLE
TRUST BYTR
THIRTY-ONE SOUTH MAIN STREET
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31 SOUTH MAIN STREET LLC
HILLS AVENUE BLUES
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48 + V SANBORN LAURIE J REVOCABLE TRUST BY TR BY SOUTH MAIN STREET CONCORD CITY OF 12/12/2005 QUITCLAIM OPR 2850 1762 6293!
ATTY SANBORN LAURIE J TR BY ATTY CONDOMINIUM ASSOCIATION
ATTY
THIRTY-ONE SOUTH MAIN STREET
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HAYSLIP & HODGKINS REALTY
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HERRMANN MICHAEL B BY ATTY
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BOEZEMAN CHRISTINE BY ATTY
SANBORN LAURIE J TR BY ATTY
HILLS AVENUE BLUES
ASSOCIATES BY ATTY
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SANBORN LAURIE J REVOCABLE
TRUST BY TR BY ATTY
49 + V SANBORN LAURIE J REVOCABLE TRUST BY TR CONCORD CITY OF THIRTY-ONE SOUTH MAIN 12/12/2005 QUITCLAIM QPR 2850 1772 6293!
SANBORN LAURIE J TR STREET LLC
HAYSLIP & HODGKINS REALTY
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HERRMANN MICHAEL B
BOEZEMAN ANGUS
BOEZEMAN CHRISTINE
SANBORN LAURIE J TR
HILLS AVENUE BLUES
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31 SOUTH MAIN STREET LLC
SANBORN LAURIE J REVOCABLE
TRUST BY TR
50 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J REVOCABLE 05/17/2006 TRUSTEES QPR 2892 1812 5447;
SANBORN LAURIE J TR TRUST BY TR CERTIF
SANBORN LAURIE J TR
rrimack County
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Name Party Type
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Your Name Search for Name "sanborn laurie", Book Type"", Document Types"", Begin Date "8/1/1823", and End Date "2/8/2023" returned the following results:
1rim,1ck Counly « Home Q. Search 6 Q! I- f{::~o; .. Notification ,l Lr,~ 0
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51 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J FORD FINANCIAL SERVICES 05/17/2006 MORTGAGE& OPR 2892 1813 644726
SANBORN LAURIE J TR REVOCABLE TRUST BY TR INC SEC AGREE
SANBORN LAURIE J TR
52 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J FLASH ISLAND INC 01/06/2006 MORTGAGE OPR 2857 1877 631865
SANBORN LAURIE J TR REVOCABLE TRUST BY TR
SANBORN LAURIE J TR
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LCGRO PRISCILLI\ B
LISOFSKY JOHN l III
54 + V SANBORN LAURIE J REVOCABLE TRUST BY TR GEAUMONT DONALD 06/22/2017 TAXREDEMP OPR 3560 0605 2017000111<
SANBORN LAURIE J TR SANBORN LAURIE J TR
SANBORN LAURIE J
REVOCABLE TRUST BY TR
LISOFSKY JOHN E Ill
55 + V SANBORN LAURIE J REVOCABLE TRUST BY TR KNIGHT BROTHERS HENNIKER TOWN OF 05/10/2018 RE T/LIEN OPR 3593 1982 20180000751
SANBORN LAURIE J TR KOWALSKI EDMOND
SANBORN LAURIE J TR
SANBORN LAURIE J
REVOCABLE TRUST BY TR
LAVIGNE ANITA C
LEGRO KENNETH J
LEGRO PRISCILLA B
LEVESQUE ALICIA
LINDBLOOM GARY
LINDQUIST JOHN
YOUNG BEATRICE A
56 + V SANBORN LAURIE J REVOCABLE TRUST BY TR COLBURN EDMUND 06/14/2018 TAXREDEMP OPR 3597 1011 20180000981
SANBORN LAURIE J TR DAMICO LENORA
HANNAFIN HEATHER M
HERSEY ROBERT R
INGALLS FELICIA
SMISTH KYLE
SMITH KYLE
SANBORN LAURIE J TR
SANBORN LAURIE J
REVOCABLE TRUST BY TR
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57 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J TR BANK OF NEW HAMPSHIRE 07/13/2018 MORTGAGE OPR 3600 2735 2018000120"
SANBORN LAURIE J TR SANBORN LAURIE J
REVOCABLE TRUST BY TR
58 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J TR 07/13/2018 TRUSTEES OPR 3600 2752 2018000120:
SANBORN LAURIE J TR SANBORN LAURIE J CERTIF
REVOCABLE TRUST BY TR
59 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J TR BANK OF NEW HAMPSHIRE 07/13/2018 ASSIGNMENT OPR 3600 2753 2018000120:
SANBORN LAURIE J TR SANBORN LAURIE J OF RENT
REVOCABLE TRUST BY TR
60 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J TR 07/16/2018 DISCH OPR 3601 0466 2018000122•
SANBORN LAURIE J TR SANBORN LAURIE J
REVOCABLE TRUST BY TR
CAMPY LLC
61 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J TR 08/20/2018 DISCH QPR 3604 2946 2018000147:
SANBORN LAURIE J TR SANBORN LAURIE J
REVOCABLE TRUST BY TR
62 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J TR 08/20/2018 DISCH QPR 3604 2947 201800014T
SANBORN LAURIE J TR SANBORN LAURIE J
REVOCABLE TRUST BY TR
63 + V SANBORN LAURIE J REVOCABLE TRUST BY TR JOSSELYN DAVE HENNIKER TOWN OF 06/05/2020 RE T/LIEN QPR 3680 0033 20200001081
SANBORN LAURIE J TR KELLER KATHLENE
LAPLANTE ALLAN
LAPLANTE SANDRA
LAPORTE VIC
SANBORN LAURIE J TR
SANBORN LAURIE J
REVOCABLE TRUST BY TR
LEBLANC ANDREA
LINDBLOOM GARY
LINDQUIST JOHN
LINDQUIST KATHLEEN
64 + V SANBORN LAURIE J REVOCABLE TRUST BY TR GREAVES DEBORAH A 09/17/2020 TAXREDEMP OPR 3696 2746 2020000201;
SANBORN LAURIE J TR 0 SHEA BRENDAN
SANBORN LAURIE J TR
SANBORN LAURIE J
REVOCABLE TRUST BY TR
STERLING AARON D
CAMARA SHANNON L
TRIPPETT DEREK B
TIPPETT STEPHANIE ANNE
WIKMAN NANCY ELIOT
65 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J LACONIA SAVINGS BANK 03/05/2004 ASSIGN OF OPR 2630 0789 552086
SANBORN LAURIE J TR REVOCABLE TRUST BY TR RENTS L&C
SANBORN LAURIE J TR
SANBORN L TR
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66 + V SANBORN LAURIE J REVOCABLE TRUST BY TR CONCORD BOOKSELLERS LACONIA SAVINGS BANK 03/05/2004 SUB AGREE QPR 2630 0795 552088
SANBORN LAURIE J TR INC
GIBSON'S BOOK STORE
HERRMANN MICHAEL
IS LIVING LLC
SANBORN ANTHONY M
SANBORN LAURIE J
REVOCABLE TRUST BY TR
SANBORN LAURIE J TR
SANBORN L TR
67 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J 03/05/2004 TRUSTEES OPR 2630 0783 552084
SANBORN LAURIE J TR REVOCABLE TRUST BY TR CERTIF
SANBORN LAURIE J TR
68 + V SANBORN LAURIE J REVOCABLE TRUST BY TR SANBORN LAURIE J LACONIA SAVINGS BANK 03/05/2004 MORTGAGE OPR 2630 0784 552085
SANBORN LAURIE J TR REVOCABLE TRUST BY TR
SANBORN LAURIE J TR
SANBORN L TR
69 + V SANBORN LAURIE J SANBORN LAURIE J REVOCABLE SANBORN LAURIE J SANBORN LAURIE J 03/05/2004 QUITCLAIM QPR 2630 0781 552083
TRUST BY TR SANBORN LAURIE J TR REVOCABLE TRUST BY TR
SANBORN LAURIE J TR
70 + V SANBORN LAURIE J SANBORN LAURIE J REVOCABLE SANBORN L TR SANBORN LAURIE J 10/03/2005 WARRANTY QPR 2827 0716 621186
TRUST BY TR SANBORN LAURIE J TR SANBORN LAURIE J TR
SANBORN LAURIE J
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71 + V SANBORN LAURIE J SANBORN LAURIE J REVOCABLE SANBORN LAURIE J SANBORN LAURIE J 06/30/2004 QUITCLAIM QPR 2675 0249 567693
TRUST BY TR SANBORN LAURIE J TR REVOCABLE TRUST BY TR
SANBORN LAURIE J TR
72 + V SANBORN LAURIE J SANBORN LAURIE J REVOCABLE SANBORN LAURIE J SANBORN LAURIE J 06/30/2004 QUITCLAIM QPR 2675 0251 567694
TRUST BY TR SANBORN LAURIE J TR REVOCABLE TRUST BY TR
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Your Name Search for Name "best revenge", Book Type"'', Document Types"", Begin Date "8/1/1823", and End Date "2/8/2023" returned the following results:
rrinwck C.uum;- A l-l,"U Q~e:-:•-,, 0 S,w~ Q n.- COlll1ty I- R ;A·I Notification .fl Log
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# ® iii Status Search Name Grantor Grantee Doc Type Book Page docket# plan #
Date Type
+ V BEST REVENGE L L BEST REVENGE L L C CORD FINANCIAL GROUP 01/31/2005 MORTGAGE OPR 2745 0430 592728
C
2 + V BEST REVENGE L L BEST REVENGE L L C FLASH ISLAND INC 01/24/2006 ASSIGN OF RENTS OPR 2861 1131 633466
C L&C
3 + V BEST REVENGE LL BEST REVENGE L L C FLASH ISLAND INC 01/06/2006 ASSIGN OF RENTS QPR 2857 1871 631864
C L&C
4 + V BEST REVENGE L L BEST REVENGE L L C 01/06/2006 - OPR 2857 1877 631865A
C
5 + V BEST REVENGE L L BEST REVENGE L L C TD BANKNORTH NA 07/31/2006 MORTGAGE QPR 2915 0645 652706
C
6 + V BEST REVENGE L L BEST REVENGE L L C TD BANKNORTH N A 07/31/2006 ASSIGNMENT OF QPR 2915 0657 652707
C RENT
7 + V BEST REVENGE L L BEST REVENGE L L C CORD FINANCIAL GROUP 04/08/2016 MORTGAGE QPR 3511 0357 201600005411
C
8 + V BEST REVENGE L L BEST REVENGE L L C FLASH ISLAND INC 01/06/2006 SUB AGREE OPR 2857 1852 631862
C CQRD FINANCIAL GROUP
SANBORN RICHARD
9 + V BEST REVENGE LL BEST REVENGE L L C FLASH ISLAND INC 01/06/2006 MORTGAGE & SEC OPR 2857 1853 631863
C AGREE
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SWCENEY MYL[S A
SWEEN[Y Gt\YL[ E
SYTNIK MAr<K F
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rAYLOR DARREN
TAYLOR :SHAWNA
TEASDALE DONNA 8
BEST REV[NGE LLC
MAK TRUST
.JAIMF l HOMAS
IHOMPSON ROB LR IJ
11 + V BEST REVENGE BEST REVENGE LLC INSTITUTION FOR SAVINGS IN NEWBURYPORT & 04/11/2016 MORTGAGE & SEC OPR 3511 1127 201600005597
LLC ITS VICINITY AGREE
12 + V BEST REVENGE BEST REVENGE LLC 05/13/2016 DISCH OPR 3514 2612 201600007799
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13 + V BEST REVENGE BEST REVENGE LLC 05/13/2016 DISCH OPR 3514 2615 201600007600
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LLC SANBORN RICHARD
CORD FINANCIAL GROUP
15 + V BEST REVENGE BOLTON JEFFREY G CONCORD CITY OF 05/18/2006 RE T/LIEN OPR 2893 0181 644820
LLC BAYSIDE DEVELOPMENT CO
INC
BCH LAND HOLDING LLC
BEAN MACK A
BEAN KIMBERLY F
BEDARD PAUL E JR
BELL STEPHAN W
BELL NANCY A
BELROSE STEPHEN
BELROSE BEATTA
BENNETT MICHAEL
BENNETT BARBARA
BENOIT STEVEN
WILLIAMS MAYDENE
BEST REVENGE LLC
BOISSY BRUCE B
BOISSY DANIELLE
BOLDUC DEREK A TR
BARCHEY
16 + V BEST REVENGE BEST REVENGE LLC 02/03/2006 TAXREDEMP OPR 2864 1156 634460
LLC SOUTHWICK PAMELA J
SOUTHWICK ALAN
17 + V BEST REVENGE BENNETT MICHAEL CONCORD CITY OF 05/2112009 RE T/LIEN OPR 3130 0613 735769
LLC BENNETT BARBARA
BENOIT STEVEN
WILLIAMS MAYDENE
BENSON DOUGLAS S
BEST REVENGE LLC
BIGG FAMILY REALTY
HOLDINGS INC
BIRCH STEPHEN M
BIRCH PATRICIA P
18 + V BEST REVENGE BEST REVENGE LLC 04/22/2010 TAXREDEMP OPR 3189 1946 760246
LLC BIRCH STEPHEN M
BIRCH PATRICIA P
BOISSY BRUCE B
BOISSY DANIELLE
BONK CHRISTOPHER J
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19 + V BEST REVENGE BENOIT STEVEN CONCORD CITY OF 05/22/2013 RE T/LIEN OPR 3387 0721 201300011016
LLC WILLIAMS MAYDENE
BENSON JAMES D
BENSON MELODY
BENSON ROSE M
REVOCABLE TRUST
BEST REVENGE LLC
BILLINGS WARREN
BILLINGS CYNTHIA
BIRCH STEPHEN M
BIRCH PATRICIA P
20 + V BEST REVENGE BENOIT STEVEN CONCORD CITY OF 05/18/2012 RE T/LIEN QPR 3315 0497 811761
LLC WILLIAMS MAYDENE
BENSON JAMES D
BENSON MELODY
BENSON ROSE M
REVOCABLE TRUST
SERKEV PROPERTIES LLC
BEST REVENGE LLC
21 + V BEST REVENGE BEST REVENGE LLC 06/18/2012 TAXREDEMP OPR 3320 1148 814101
LLC BONK CHRISTOPHER J
BUNTEN WILLIAM SR FAM TR
BUNTEN MARGUERITE FAM
TR
22 + V BEST REVENGE BARNES TRACEY DAY 03/19/2014 TAXREDEMP OPR 3433 1717 201400003715
LLC BEST REVENGE LLC
BRABANT DORLENE K
BURNHAM JACKSON D
DAVIS TAMMY
DOWBRIANJ
23 + V BEST REVENGE CITIZENS BANK NEW BEST REVENGE LLC 12/24/1997 DEED OPR 2082 0151 308149
LLC HAMPSHIRE
24 + V BEST REVENGE BEST REVENGE LLC BOW MILLS BANK & TRUST 12/24/1997 MORTGAGE OPR 2082 0160 308150
LLC
25 + V BEST REVENGE MAK TRUST CONCORD CITY OF 05/26/1998 RE T/LIEN OPR 2100 1568 319843
LLC HITCHCOCK CLINIC
TERRELL ELIZABETH
TERRELL ELIZABETH A
TERRELL RICHARD E
THATCHER SUSAN P
THIBEAULT DEBORAH M
THIBEAULT WILFRED S
BEST REVENGE LLC
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Your Name Search for Name "best revenge", Book Type"", Document Types"", Begin Date "8/1/1823", and End Date "2/8/2023" returned the following results:
rrl1n~,;1; Coornly
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# ® ·- Status Search Name Grantor Grantee Doc Type Book Page docket# plan #
Date Type
26 + V BEST REVENGE BEST REVENGE LLC BOW MILLS BANK & TRUST 12/24/1997 ASSIGNMENT OF OPR 2082 0169 308151
LLC RENT
27 + V BEST REVENGE BEST REVENGE LLC BOW MILLS BANK & TRUST 12/24/1997 MORTGAGE QPR 2082 0175 308152
LLC
28 + V BEST REVENGE BEST REVENGE LLC BANAGAN'S CYCLING CO INC 12/24/1997 NOTICE OF LEASE QPR 2082 0184 308153
LLC
29 + V BEST REVENGE BEST REVENGE LLC CAPITAL REGIONAL DEVELOPMENT 02/17/1999 MORTGAGE QPR 2141 1832 346899
LLC COUNCIL
I + V BEST REVENGI: BEST REVENGE LLC I ,,. TAXRFDEMf> H •j 2130 1444
LLC mlANGLE PARK ASSO
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WICKLUND CORIJcUA
WICKLUND ROBERT G
31 + V BEST REVENGE BEST REVENGE LLC 11/06/1998 DISCH OPR 2126 0561 336929
LLC
32 + V BEST REVENGE BEST REVENGE LLC 11/06/1998 DISCH QPR 2126 0562 336930
LLC
33 + V BEST REVENGE BEST REVENGE LLC 11/06/1998 DISCH QPR 2126 0563 336931
LLC
34 + V BEST REVENGE BEST REVENGE LLC BOW MILLS BANK & TRUST 10/29/1998 MORTGAGE OPR 2124 1890 336188
LLC
35 + V BEST REVENGE BEST REVENGE LLC BOW MILLS BANK & TRUST 10/29/1998 ASSIGNMENT OF QPR 2124 1899 336189
LLC RENT
36 + V BEST REVENGE BEST REVENGE LLC BOW MILLS BANK & TRUST 10/29/1998 MORTGAGE OPR 2124 1905 336190
LLC
37 + V BEST REVENGE BEST REVENGE LLC 08/11/2004 TAXREDEMP OPR 2689 1604 573089
LLC CAPUANO MARY
ROYDAVIDL
SARGENT DEIRDRE
SARGENT EDWARD
SMITH MICHELLE HEIRS
SMITH NANCY C
SMOKESTACK REALTY LLC
STRAND ANN L
STRAND LYNN
WALTERS ACHSA C
WESTON THOMAS JR
WILSON DANNY R
YATES SCOTT
YOUNG PATRICIA ANNE
YOUNG SHAINE R
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38 + V BEST REVENGE MAK TRUST CONCORD CITY OF 05/20/2004 RE T/LIEN OPR 2657 1432 561684
LLC TAN-TARLLC
TARBELL PAMELA
TANGUAYTVES
TARBELL PAMELA R TRUST
TAYLOR DONALD K
TOBINE HEATHER L
TRAFTON JOHN 0
TRAFTON DEBORAH S
TROMBLEY SHERRI L
TOBINE JADE C
TANGUAY YVES
BEST REVENGE LLC
TDL INVESTMENTS LLC
39 + V BEST REVENGE BEST REVENGE LLC 07/16/2003 TAXREDEMP OPR 2534 1253 518278
LLC CHENEY JEANNE
COOPER LLOYD C
DOW JOHN L
DOWLINDAL
TALLMAN GARY W JR
40 + V BEST REVENGE BEST REVENGE LLC 07/16/2003 TAXREDEMP OPR 2534 1256 518281
LLC WHEELER KEVIN B
41 + V BEST REVENGE MAK TRUST CONCORD CITY OF 05/16/2003 RE T/LIEN OPR 2503 0738 507871
LLC TAKALA JOSEPHINE E
TAKALA MICHAEL J
TANGUAY YVES
TARBELL ANDREW G
TARBELL MARY F
TARBELL PAMELA
TANGUAY TVES
TANGUAY YVES
TASHRO CEDRIC SR
TATRO CHRISTINE
TAYLOR DONALD K
BEST REVENGE LLC
42 + V BEST REVENGE TDL INVESTMENTS LLC CONCORD CITY OF 05/17/2002 RE T/LIEN OPR 2365 1777 458766
LLC TAKALA JOSEPHINE E
TAKALA MICHAEL J
TALLMAN GARY W JR
TANGUAY YVES
TARBELL PAMELA R
TAYLOR DONALD K
TERRA FIRMA REAL ESTATE LLC
BEST REVENGE LLC
MAK TRUST
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# .., !m Status Search Name Grantor Grantee
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43 + V BEST REVENGE BEST REVENGE LLC 07/27/2000 TAXREDEMP OPR 2215 1158 393549
LLC MEISSNER DAVID M
NEW ENGLAND SITEWORK &
O'NEILL ANNA
O'NEILL JOHN R
ROBINSON DIANE R
SANBORN ANTHONY M
TREAT DOUGLAS H
TREAT NANCY L
UPTON MATTHEW H
URAALLC
WOODBURN ELIZABETH AL
WOODBURN JEFFREY
44 + V BEST REVENGE MAK TRUST CONCORD CITY OF 05/17/2000 RE T/LIEN OPR 2205 1637 387848
LLC BEST REVENGE LLC
TEAGUE CHRISTINE S
TEAGUE JOHN F
TERRELL DAVID H
TERRELL ELIZABETH
TERRELL RICHARD E
THATCHER SUSAN P
THERIEAU BRYAN W
THERIEAU CLARE B
THURSTON NADINE L
THURSTON RORY S
TIEDEMANN ELIZABETH G
TREAT DOUGLAS H
TREAT NANCY L
TERRELL CHRISTINE T
45 + V BEST REVENGE BEST REVENGE LLC 04/22/1999 DISCH OPR 2151 0956 353109
LLC
46 + V BEST REVENGE BEST REVENGE LLC UNITED STATES SMALL BUSINESS 02/17/1999 ASSIGNMENT OPR 2141 1837 346900
LLC CAPITAL REGIONAL DEVELOPMENT ADMINISTRATION
COUNCIL SMALL BUSINESS ADMINISTRATION
47 + V BEST REVENGE BEST REVENGE LLC CAPITAL REGIONAL DEVELOPMENT 02/17/1999 ASSIGN OF RENTS OPR 2141 1838 346901
LLC COUNCIL L&C
48 + V BEST REVENGE BEST REVENGE LLC UNITED STATES SMALL BUSINESS 02/17/1999 ASSIGNMENT OPR 2141 1842 346902
LLC CAPITAL REGIONAL DEVELOPMENT ADMINISTRATION
COUNCIL SMALL BUSINESS ADMINISTRATION
49 + V BEST REVENGE ABDELNOUR NICOLE 08/24/2007 TAXREDEMP OPR 3013 1862 688967
LLC BEST REVENGE LLC
BLOOMBERG LYNDA L
CAPITAL REGIONAL DEV COUNCIL
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# ® iiiiii Status Search Name Grantor Grantee Doc Type Book Page docket # plan #
Date Type
50 + V BEST REVENGE BOLTON JEFFREY G CONCORD CITY OF 05/21/2007 RE T/LIEN OPR 2989 0032 679881
LLC BENOIT STEVEN
WILLIAMS MAYDENE
BERNIER KYLE
BERNIER MICHELLE
BERRY ARENE A
BERRY MICHAEL R
BEST REVENGE LLC
BIRCH STEPHEN M
BIRCH PATRICIA P
BISSONNETTE AMANDA K
BLOOMBERG LYNDA L
BOLDUC DEREK A BARCHEY TR
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rrimack County
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# ® := Status Search Name Grantor Grantee
Date
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51 + V BEST REVENGE LLC BEST REVENGE LLC 08/28/2006 DISCH OPR 2922 1144 655359 co
52 + V BEST REVENGE LLC BEST REVENGE LLC 08/21/2006 TAXREDEMP OPR 2921 0481 654848 co
AP LIDDY PROPERTIES LLC
ADAIR ANTOINETTE
BOOTH STEPHEN TR
BOOTH DAVID TR
BOOTH WALTER H CLAUSE FOUR
TRUST
CAPITOL BROADCASTING CORP
INC
CHENEY WENDY J
CHENEY ROBERT E
CLOUGH ROGER
VIEN GENEVA
DENONCOURT PHILIP Ill
53 + V BEST REVENGE LLC BEST REVENGE LLC 08/10/2006 DISCH OPR 2918 0507 653714 co
54 + V BEST REVENGE LLC BEST REVENGE LLC BANAGAN'S CYCLING 07/31/2006 TERMINATN LEASE OPR 2915 0644 652705 co
COMPANY INC
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# ~ iii Status Search Name Grantor Grantee Doc Type Book Page docket# plan # T
Date Type
+ V HOOVILLE L L C HOOVILLE L L C CENTRIX BANK & 04/22/2013 MORTGAGE OPR 3361 0647 201300008307
TRUST
2 + V HOOVILLE L L C HOOVILLE L L C CENTRIX BANK & 04/22/2013 ASSIGNMENT OF RENT OPR 3381 0661 201300008308
TRUST
3 + V HOOVILLE LLC HOOVILLE LLC 06/15/2012 TAXREDEMP OPR 3320 0737 814002
LANE ERVING R JR REVOC
TRUST
LANE ALMA W REVOC TRUST
MOODY DAVID KELTON
4 + V HOOVILLE LLC HAYWARD LOVERING LOUDON TOWN OF 04/11/2014 RET/LIEN OPR 3436 0517 201400005232
HODGMAN FRANK W JR
HODGMAN RITA L
HODGMAN FAMILY TRUST
HOMSI BM LLC
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HOOVILLE LLC
HUGHES COREY J
t- I iO( I LLC HOOVII.LE LLC .;;,014 ,r.r• I, •. ,, , 1593
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6 + V HOOVILLE LLC SANBORN ANDY HOOVILLE LLC 02/22/2006 WARRANTY OPR 3048 1011 702259
SANBORN AM
7 + V HOOVILLE LLC HOOVILLE LLC CENTRIX BANK & 02/22/2008 MORTGAGE OPR 3048 1014 702260
TRUST
8 + V HOOVILLE LLC HOOVILLE LLC CENTRIX BANK & 02/22/2008 ASSIGNMENT OF RENT OPR 3048 1027 702261
TRUST
9 + V HOOVILLE LLC BAGONE ROCCO Ill 07/16/2009 TAXREDEMP OPR 3143 1864 741117
HOOVILLE LLC
LONG WILLIAM J
LONG BRENDAL
10 + V HOOVILLE LLC HAYWARD LOVERING LOUDON TOWN OF 04/10/2009 RE T/LIEN OPR 3121 1409 732264
HIGGINS DONALD K
HOLM GARRY A
HOMSI BM LLC
HOOVILLE LLC
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Date Type
11 + V HOOVILLE LLC HOMSI RA II LLC LOUDON TOWN OF 04/06/2012 RE T/LIEN QPR 3307 0784 808436
HOOVILLE LLC
HUGHES COREY J
JAKUBOWSKI DENNIS B
JAKUBOWSKI DEBORAH A
KELLEY MICHELLE E
KERKEL JON
KERKEL VICKI
EXHIBIT 20
ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
33 CAPITOL STREET
CONCORD, NEW HAMPSHIRE 03301-6397
GORDONJ.MACDONALD ANNM. RICE
ATTORNEY GENERAL DEPUTY ATTORNEY GENERAL
June 5, 2018
Senate President Charles Morse
New Hampshire State Senate
107 North Main Street
Concord, NH 03301
Re: Investigation Completed Regarding a 2013 Pavment to a New Ham pshire State
Senate Staff Member.
Dear Senator Morse:
I am writing to inform you of the conclusion of this office's investigation into the
allegation that in 2013 a New Hampshire State Senate intern received a job in the Senate Clerk's
Office as well as cash in exchange for the intern's silence regarding an inappropriate comment
made to the intern by State Senator Andy Sanborn. As you are aware, your office informed the
Office of the Attorney General of the substance of this allegation and requested that the matter be
investigated.
As provided in RSA 7:6, the Attorney General is the State's chief law enforcement
officer. The Attorney General has the responsibility to investigate allegations of illegal conduct
committed by State officials acting in their official capacity. Here, this investigation focused on
whether there was evidence that would substantiate the allegations and thus whether any
individual involved committed violations of the criminal code in connection with these incidents.
Specifically, the investigation considered whether the alleged conduct constituted criminal acts
under RSA 640:2 (bribery in official and political matters), RSA 640:3 (improper influence),
RSA 641:5 (tampering with witnesses and informants), RSA 642:5 (compounding), and/or RSA
643: 1 (official oppression). 1
The investigation conducted by this office entailed the audio-recorded interviews of 18
witnesses, including current and former State Senate employees as well as current and former
state senators, the subpoena and review of State Senate records, to include correspondence as
well as employment and financial records, and the summons of witnesses before an investigative
grand jury. All witnesses were cooperative with our investigation. I cannot provide you with
1
As discussed, the Attorney General's investigation was solely focused on whether any individual committed any
criminal acts, therefore it did not consider whether any acts would constitute violations of the legislative ethics rules
under RSA chapter 14-B.
- - - - - - Telephone 608-271-361S8 • FAX 608-271-2110 • TDD Access: Relay NH 1-800-785-2964 - - - - - -
Senate President Charles Morse
Page 2 of 4
any information that was provided to the grand jury because that information is confidential. See
N.H. Supreme Court Rule 52; N.H. Rule of Criminal Procedure 8(b)(6). Nevertheless, the
information provided to the grand jury was evaluated in making credibility determinations and in
reaching the ultimate conclusions in this investigation which are discussed in more detail below.
The investigation substantiated that an inappropriate comment was made by Senator
Sanborn to the intern on February 20, 2013. The investigation also substantiated that the intern
was hired on a part-time, temporary basis in the Senate Clerk's Office beginning in May of 2013,
and that his employment with the State Senate concluded in the fall of 2013. In addition, the
investigation substantiated that shortly after the intern began working in the Senate Clerk's
Office he was given an envelope containing cash by former Senate Chief of Staff Jay Flanders.
Importantly, however, the investigation discovered no credible evidence that there was any
connection between the inappropriate comment made to the intern and the later job and cash that
were provided to the intern.
It is important to note that while the comment made by Senator Sanborn was
contemporaneously investigated, at the time in 2013 there was no allegation that the intern had
been hired in exchange for his silence or received money from Mr. Flanders for the same
purpose. As you are aware, these allegations only surfaced recently. Our investigation
discovered no credible evidence that the job for which the intern was hired in the Senate Clerk's
Office or the money he was given by Mr. Flanders were a reward for declining to file a
complaint against Senator Sanborn or an inducement to refrain from filing such a complaint in
the future.
Specifically, no party to the hiring of the intern stated that they received explicit or
implicit direction to hire the intern because he had been on the receiving end of an inappropriate
comment by Senator Sanborn. To the contrary, the evidence established that a concerted effort
was made to ensure that the intern was neither given an advantage in the hiring process nor
penalized because of the incident with Senator Sanborn. By almost all accounts the intern was
talented and qualified for the job, and also available and willing to take on the part-time,
temporary position. In addition, the evidence established that the intern later applied for a full-
time position in the Senate Clerk's Office but was not hired. Were the employment of the intern
truly in exchange for his silence concerning the comment made by Senator Sanborn, it would
logically follow that he would be hired to the full-time position, thus assuring his continued
silence. Instead, that full-time position was given to a more qualified candidate.
The lack of any connection between these events is further illustrated by the fact that
there is no evidence that any individual communicated to the intern in any manner that he was
being given the job in the Senate Clerk's Office in exchange for his silence. This lack of
connection is also supported by the timeline of these events. The comment made by Senator
Sanborn occurred approximately three months prior to the intem's hiring and his receipt of the
money from Mr. Flanders. By that time the incident with Senator Sanborn had already been
investigated by Senate legal counsel and the matter concluded with no formal complaint being
filed. Thus, no proceeding or investigation was pending at the time the intern was hired and
received the money. While you also initiated a subsequent review of the incident by outside
legal counsel once you became Senate President, the intern had been hired and given the money
Senate President Charles Morse
Page 3 of 4
by Mr. Flanders in the interim period when no proceeding was ongoing.2 In the absence of any
evidence to the contrary, there is no logical rationale for these alleged "pay-offs" to be provided
when the matter of Senator Sanborn's comment was not being actively investigated.
In terms of the cash given to the intern, accounts differed as to the nature of the money,
that is, whether it was a gift or a loan, and the timeframe in which the intern returned the money
to Mr. Flanders, although all witnesses with direct knowledge of the transaction were consistent
in stating that the money was returned to Mr. Flanders. Mr. Flanders for his part stated that the
money was from his own personal funds and was expressly given to the intern as a loan, because
he had been told that the intern needed money for food and gas and had no income because he
had not yet received his first paycheck from his job in the Senate Clerk's Office. There is no
evidence that Mr. Flanders communicated to the intern in any manner that he was being given
money in exchange for his silence concerning Senator Sanborn's comment.
In addition and as discussed, financial records were examined and there is no evidence
that the money came from any public funds or from any source other than Mr. Flanders. Mr.
Flanders stated that he gave the intern no more than $200.00. While rumors abounded as to the
sum of money given to the intern, there is no credible evidence that contradicts this amount. Mr.
Flanders also stated that the intern paid the money back as soon as he received his first paycheck.
While this account is contradicted by witnesses who stated that the intern expressed that he was
uncomfortable with the transaction and did not know why he had been given the money and
therefore returned it to Mr. Flanders the following day, these inconsistencies do not establish that
there was any connection to the incident with Senator Sanborn.
Accordingly, because there is no credible evidence of a connection between the
inappropriate comment made by Senator Sanborn to the intern and the later job and cash
provided to the intern, there is no evidence here that any criminal acts were committed. As such,
this office will take no further action in this matter.
Thank you for the time and attention you have given this matter and please feel free to
contact me if you have any questions or wish to discuss further.
Sincerely,
Ge
~ : p
Senior Assistant Attorney General
Chief, Public Integrity & Special Investigations Unit
Criminal Justice Bureau
(603) 271-3671
geoffrey.ward@doj.uh.gov
2
As you are aware, that review by outside legal counsel also found that the intern had not wanted to initiate any
formal complaint concerning the comment made by Senator Sanborn.
Senate President Charles Morse
Page 4 of 4
GWW/gww
Copy to: Attorney General Gordon J. MacDonald
Associate Attorney General Jane E. Young
Senior Assistant Attorney General Lisa L. Wolford
2037064
EXHIBIT 21
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New documents deepen harassment accusations against Sanborn
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By ETHAN DeWITT
Monitor staff
Published: 8/29/2018 5:48:53 PM
A new batch of interview transcripts released by the attorney general's office have amplified accusations
of harassment by state Sen. Andy Sanborn, prompting further attacks Wednesday from his opponent in
his Congressional race.
Released on Monday, the latest documents unveiled new perspectives from a number of people who
worked with Sanborn in the senate, including former state senator Bob Clegg, senate clerk Tammy
Wright and an unnamed aide who witnessed one of Sanborn's comments first-hand.
The documents stem from an investigation into allegations that Senate leadership paid off an intern to
coverup an inappropriate comment made by Sanborn in 2013. Earlier this year, the attorney general' s
office said it had found no substantial evidence of a coverup after interviewing 18 subjects both within
and outside the State House.
But a wave of redacted transcripts released in the face of media requests have shifted the spotlight to
Sanborn's conduct in the State House.
In one pivotal incident, Sanborn is said to have made crass comments about oral sex to an intern from
the University of New Hampshire in 2013, an event corroborated by multiple witnesses. A female aide
who worked under Sanborn has described a pattern of near-daily unwelcome comments about her
appearance. And other aides made reference to an offhand sexual comment to a male aide about a
female colleague.
Sanborn, a Bedford Republican, has strongly rejected the accusations of harassment, calling it a "witch
hunt," and "fake news," borrowing lines from President Donald Trump, but has admitted to past crass
behavior.
In the latest batch of transcripts, a male senate aide present for the comment about oral sex said it
appeared to cross a line. While Sanborn had engaged in insensitive commentary in the past, the
comment to the intern veered into a direct proposition, the aide said .
"I've heard joking around and just kind of inappropriate comments for sure," the aide, whose name was
redacted, said of Sanborn. "Never in the context of 'what can I do for you, well you can do this for me.'"
At dispute, however, is a key detail: whether the intern was bothered by the comments.
In a newly-released interview, former Senate Journal Clerk Jessica Eskeland said the intern had told her
directly about the experience shortly after the fact.
"It was not characterized as being in a joking manner," Eskeland said of Sanborn's comment.
But the male aide saw it differently.
"I can't speak for (the intern) obviously, but I got the impression that he took it as a joke," he said in his
interview.
A Sanborn spokesman declined to speak at length on the latest round of documents.
"As the transcripts show, there are numerous contradictory statements and we think those
contradictions speak for themselves and that no further comment is necessary at this time," he said.
The new transcripts also reveal a years-long effort by Clegg to bring to light harassment complaints. In
an interview, Clegg said he had been encouraged to file records requests after hearing accounts of
staffers and senators.
"This guy's just a - it's a common practice for him to sexually harass people or harass people, and this
one went too far," Clegg said.
Clegg's effort to obtain documents and bring the accusations forward were consistently denied by Rick
Lehmann, senate counsel, who has cited state employee privacy exemptions, he said.
"I think what he does is a black eye upon the institution," Clegg said of Sanborn. "So we have tried ever
since we found out about it to get him out."
The transcripts fueled fresh attack lines from Eddie Edwards, Sanborn's Republican opponent in the race
for New Hampshire's 1st Congressional District. At a press conference Wednesday, Edwards assailed
Sanborn for "predatory behavior" in the State House, gesturing to a thick, printed stack of the
transcripts for effect.
"Sen. Sanborn has trouble understanding that his pattern of behavior of preying on young people,
female workers, young interns, is something that we reject here in New Hampshire," Edwards said.
He added: "I'm not sure which is more embarrassing, that we have to spend thousands of dollars to
rewrite a state senate sexual harassment policy because of one senator, or that you'd have to tell a state
senator that that behavior is inappropriate in a workplace."
(Ethan DeWitt can be reached at edewitt@cmonitor.com, at (603} 369-3307, or on Twitter at
@edewittNH.}
EXHIBIT22
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Former NH Senate aide tells investigators Sanborn made
'almost daily' comments about her appearance
In newly released transcript, former aide says she never felt physically
threatened
Updated: 12:55 AM EDT Aug 18, 2018
Infinite Scroll Enabled
John DiStaso f ~ ~
Political Reporter
MANCHESTER, N.H. -A former state Senate aide told investigators in January that state Sen.
Andy Sanborn, a Bedford Republican, made almost daily remarks about the way she dressed,
sometimes telling her that she looked "hot," according to transcripts of the interview released
Friday.
But the former aide made it clear to the investigators that she never felt physically threatened
by Sanborn, who is now a candidate for the 1st District U.S. House seat.
RELATED CONTENT
Sanborn's 2013 'crass' comment: Views differ on whether he was joking
Sanborn's 'crass' joke to state Senate intern in 2013 revealed in attorney
general's file
Attorney general's file reveals second alleged incident involving
inappropriate comment by Sanborn
AG's report: No connection between 'inappropriate' Sanborn comment,
hiring of intern, cash payment
Sanborn says his use of ·crass language' in 2013 did not violate Senate policy
Sanborn, responding early Saturday morning to the comments in the transcript, said the
11 11
former aide is a family friend and he was simply complimenting a colleague for dressing well.
11 11
He accused the establishment of "trying to manufacture a story" against him.
The former aide was among 18 people interviewed by officials of the attorney general's office
as part of an investigation into whether the state Senate engaged in a bribe in 2013 by offering
$200 and a staff job to a male intern to stay quiet about a remark made to him by Sanborn that
described a slang term for oral sex - "XXXX jobs."
The attorney general's office determined there was no bribe. Sanborn was not the target of the
investigation.
The state Senate legal counsel heard the comment and told the investigators that he spoke
with the male intern and a male Senate staffer who was also in the room at the time, along
with Sanborn's wife, state Rep. Laurie Sanborn.
The legal counsel, Richard Lehmann, said that the intern and the staffer, and Lehmann himself,
viewed it as "a poor attempt at a joke." Sanborn has acknowledged making a "crass" joke.
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The intern and the aide no longer work for the Senate.
As part of the probe into whether the former intern received the loan and job as a bribe to stay
quiet about Sanborn's remarks, the investigators spoke with a former Senate staffer who had
worked for Sanborn but was later reassigned to work with former Sen. Jeanie Forrester.
The investigators also spoke with state Sen. Sharon Carson, R-Hudson. Transcripts of their
interviews, as well as several others, were released to WMUR on Friday in response to a right-
to-know request filed by the station earlier this year. Other transcripts were released in past
weeks.
The former aide told the investigators that when she joined the Senate as Sanborn's staffer, "I
was made aware before I started working with Senator Sanborn that he could be a little bit
difficult to work with. Some of the other female employees there had mentioned to me that he
had a little bit of a dirty mouth and just to - to be cautious about being alone with him in a
room."
Her transcript, and other transcripts linked in this report, were redacted by the attorney
general's office, which told WMUR it was doing so to prevent "an unwarranted invasion of an
individual's privacy."
The former aide said Sanborn "has a very interesting sense of humor. He usually has a way of
coming back with a remark or turning it into a dirty remark."
She said that while she was not particularly bothered by his remarks, Forrester convinced her
to bring Sanborn's behavior to then-Senate Chief of Staff Jay Flanders' attention. She said that
at a meeting with Forrester, Flanders and Lehmann, "we had a conversation about some of the
comments that he had specifically made towards me, or in my presence."
The former aide said that Flanders encouraged her to press charges or file a complaint.
"And at the time, I said no, I really didn't want to make a big deal out of it," she said. But she
added, "After that conversation, they moved me out from underneath Sen. Sanborn, and we
also moved my desk so that I wasn't as close to Sen. Sanborn's office."
She said she assumed Flanders and Lehmann spoke with Sanborn about it, and after that, "he
completely stayed away from me. Didn't engage at all."
The former aide said that previously, she overheard Sanborn make the comment referring to a
"XXXXjob" to the intern because at the time, her desk was near Sanborn's office. She said she
was not in the room at the time.
"After having worked for him a couple years at that point, I was used to hearing him make
sexual comments and sexual references," the former aide said. "Like I said, they just roll off of
the tip of his tongue so easily. And honestly, he's the kind of person that really doesn't care
what other people think about what he says because he's going to make the comment anyway.
That's just who he is."
She said that while she worked with Sanborn, they had several closed-door conversations.
"And other than the fact that he would make remarks, I was never uncomfortable. He never
attempted to touch me, or say anything while we were alone."
But she said he would talk about "how I would dress."
"You know, you look hot today or you know, nice shoes, or nice dress, or you know, you look
beautiful," she said. "But I never really let him know that it bothered me."
"He would say something to me almost daily," she said. "Not (that} you look hot, but, you
know, if we were together, nice shoes, or you look beautiful today."
Deputy Attorney General Jane Young asked, "So did some of those comments, in your mind,
cross a line, cross a boundary of-"
"Eventually, yes," the aide interrupted, but she also said, "It never really bothered me so much
that I felt like I needed to" tell Sanborn that she felt uncomfortable.
She said that as a result, "I was more cautious of what I was wearing. I would make sure that I
had a blazer on over my dress or I wore pants a lot more."
Young asked, "When you look back on the comments today ... what do you think about them?"
"I know this probably doesn't answer your question, but see, that's just Sen. Sanborn. It's just
how he interacted with people. It's just who he is and how he talks. I mean, he had a response
for everything," the former aide said.
Young asked, "A sexual response for everything?"
"Most of the time, yes," the former aide said. "Yeah. Very sly, very witty. It's just how he talked
... Oh yeah, always a sexual overtone, always."
Sanborn responds
Sanborn, informed by WMUR of the former aide's comments and comments made by others in
this report, issued a statement, which follows in full:
"This is a staffer and friend of Laurie and I for several years. Have we come to a point where
complimenting a colleague for dressing well has become news? Quite frankly, it's disrespectful
to those who have had real issues in the workplace.
"What we are seeing is an alarming pattern with the establishment-- trying to manufacture a
story against a political opponent. These documents show that obsession with trying to create
a controversy because I was unwilling to compromise my conservative principles.
"They even went to the extent to pressure this staffer to file a complaint against me, and she
refused. These issues and phantom assertions have now been looked into several times,
including all the way up to the attorney general's office.
"(The attorney general), everyone else, and these documents have been absolutely clear: I
have never violated any sensitivity policy, and no one has made an informal or formal
complaint. As we continue to see, my political opponents will use innuendo and rumors to
settle political scores."
'Never disrespectful'
Another Senate aide, identified in the transcript as Shannon Girard, said that in her interactions
with Sanborn, he was "never disrespectful to me, not once."
Girard also said she never heard Sanborn make an inappropriate, rude or crass remark.
"I haven't been in the same conversation with hearing that," she said. "I have not witnessed
that. I have just heard from others."
Girard told Young that she had never received or gave advice to other staffers not to be in the
same room with Sanborn.
"I have never had a situation with him before," Girard said. "He really- I feel like in the last
couple years - he doesn't engage much with people. It's very 'hi, how are you' - it's very quick.
Has that changed because of things going on? I don't know."
Young asked, "But you don't experience any of that firsthand?"
"No," Girard said.
Carson says staffer kept 'notebook'
Carson said she did not witness the incident involving the former intern, but she told the
investigators, "My own personal observation - this is something that Senator Sanborn has
done quite a few times. There have been complaints."
She said that another staffer, whose name was also redacted "had told me that he kept a
notebook, and in that notebook were two years' worth of things that Senator Sanborn had said
to him that were totally inappropriate."
"So that, you know, again, I see that as a separate issue, but more of a pattern of behavior on
his part," Carson said. But she also acknowledged, as Sanborn has maintained, that no
complaints were filed.
Carson said that several weeks prior to her interview with the investigators, former Senate aide
Jessica Eskeland told Carson that she had been told that the former intern went to Sanborn's
Concord restaurant after hours at Sanborn's invitation.
"And from what I understand, Andy kept saying, you know, I was only joking, you know this was
not serious. I was only kidding, and so on and so forth. And (the former intern) grew
uncomfortable enough that he actually left."
Carson also said, "Somebody has a video of (the former intern) crying, that he just wants this
all to go away."
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0rivacy Notice v ur Ca lifornia Privacy Righ .. s Interest-Base ds Terms o Us'°' Site Map
Exhibit I
Zachary Hafer Transmitted via Electronic Mail
T: +1 617 937 1370
zhafer@cooley.com
September 25, 2023
Mark W. Dell’Orfano
Assistant Attorney General
New Hampshire Department of Justice
Civil Law Bureau
33 Capitol Street
Concord, NH 03301
Tel: 603-271-3650
Email: mark.w.dellorfano@doj.nh.gov
Re: First Set of Discovery Requests
Action: In the Matter of Win Win Win, LLC, d/b/a “Concord Casino”
Docket No. Lot 23-018
Dear Mr. Dell’Orfano:
Pursuant to N.H. Admin. Lot (“Lot”) 215.01, Respondents Win Win Win, LLC d/b/a “Concord Casino” and
Anthony M. Sanborn hereby request that the New Hampshire Lottery Commission (“NHLC”) make a
“complete and timely” production of “information or documents relevant to the hearing” in the above-
captioned matter, in accordance with the definitions and requests set forth below. Lot 215.01(a). If any of
the following requests seek information or documents that do not exist or that are inaccessible to NHLC,
Respondents respectfully request that you confirm that in writing.
Respondents reserve their rights, pursuant to Lot 215.01 and Lot 215.02, to request additional information
to further investigate and clarify NHLC’s responses to the following requests.
DEFINITIONS
1. “Action” means the above-captioned matter, In the Matter of Win Win Win, LLC d/b/a “Concord
Casino,” Docket No. Lot 23-018.
2. “Attorney General” means the office of the New Hampshire Attorney General and all of that
office’s component parts, including but not limited to the Civil Law Bureau.
3. “Communication” means any transmissions of information from one person or entity to another
via any means, including any electronic or non-electronic written communications, telephone
communications, in-person communications, email communications, chat communications, instant
message communications, or text message communications.
4. “Document” shall have the meaning ascribed to it in Federal Rule of Civil Procedure 34, including
coverage of all writings, drawings, graphs, charts, photographs, sound recordings, images, tangible
things, or non-oral communications.
Cooley LLP 500 Boylston Street 14th Floor Boston, MA 02116-3736
t: +1 617 937 2300 f: +1 617 937 2400 cooley.com
September 25, 2023 Transmitted via Electronic Mail
Page Two
5. “Identify” means to describe completely and with particularity all relevant facts about the subject.
6. “NHLC” means the New Hampshire Lottery Commission and all of its component parts, including
but not limited to the Investigation and Compliance Division.
7. “Person” means any natural person or any business, legal, or governmental entity or association
or any other entity, including, without limitation, corporations, proprietorships, partnerships, joint
ventures, clubs, associations, foundations, or governmental agencies or instrumentalities.
8. “Suitability Report” means any report issued regarding the suitability to be associated with
gaming in New Hampshire pursuant to RSA 287-D:11, e.g., the report issued by NHLC on
March 13, 2023 concerning Win Win Win and its principal, Anthony M. Sanborn.
9. “Win Win Win” means Respondent Win Win Win, LLC d/b/a Concord Casino.
REQUESTS
REQUEST NO. 1: All Documents, including notes, transcripts, or other records, relating to any interviews
conducted by NHLC or the Attorney General in connection with or in preparation for this Action or any
investigation(s) that preceded this Action.
REQUEST NO. 2: All final 1 regulatory audits conducted by NHLC or the Attorney General of Win Win Win
and/or its principal, Anthony M. Sanborn.
REQUEST NO. 3: All Documents and Communications considered by NHLC or the Attorney General in
connection with or in preparation for this Action or any investigation(s) that preceded this Action.
REQUEST NO. 4: All Documents and Communications, including notes or records, relating to in-person
visits made by NHLC auditors or other NHLC personnel to facilities owned or operated by Win Win Win
and/or its principal, Anthony M. Sanborn.
REQUEST NO. 5: All Communications between NHLC or the Attorney General and Win Win Win or its
principal, Anthony M. Sanborn, since May 1, 2022.
REQUEST NO. 6: All Communications, sent or received since May 1, 2022, between NHLC or the Attorney
General and (a) the Small Business Administration, relating to Win Win Win or its principal, Anthony M.
Sanborn, (b) any accounting professional employed or otherwise retained by Win Win Win or Anthony M.
Sanborn, or (c) any federal government employee involved with packaging, reviewing, or disbursing
Economic Injury Disaster Loan funds to Win Win Win or its principal, Anthony M. Sanborn.
REQUEST NO. 7: Pursuant to Lot 215.03, please provide “all witnesses to be called at the hearing with a
brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing,
and a copy of each document or exhibit.”
REQUEST NO. 8: All “forensic financial reviews” or “financial forensic investigation[s]” performed by NHLC,
the Attorney General, or any other Person, with respect to Win Win Win or its principal, Anthony M. Sanborn,
1 Note that page 3, footnote 15 of the March 13, 2023 Suitability Report regarding Win Win Win and its
principal, Anthony M. Sanborn, indicates that the 2022 audit report included therein is a “Draft.”
Cooley LLP 500 Boylston Street 14th Floor Boston, MA 02116-3736
t: +1 617 937 2300 f: +1 617 937 2400 cooley.com
September 25, 2023 Transmitted via Electronic Mail
Page Three
of the kind referenced at pages 4 and 7 of the March 13, 2023 Suitability Report concerning Win Win Win
and its principal, Anthony M. Sanborn.
REQUEST NO. 9: All “witness transcripts” referenced at page 6 of the March 13, 2023 Suitability Report
concerning Win Win Win and/or its principal, Anthony M. Sanborn.
REQUEST NO. 10: Identify and provide all facts and Documents that support NHLC’s allegation, contained
at page 12 of the Proposed Findings of Fact and Law dated and transmitted to Anthony M. Sanborn on
August 31, 2023, that “the Licensee and Mr. Sanborn have failed to supply information and documentation
demonstrating by clear and convincing evidence the Licensee’s financial stability.”
REQUEST NO. 11: Identify and provide (a) the minimum cash-on-hand required for games of chance
facilities regulated under RSA 287-D:1–RSA 287-D:31, and (b) the most recent analyses regarding the
application of this requirement to each such facility.
REQUEST NO. 12: The most recent Suitability Report for each games of chance facility regulated under
RSA 287-D:1–RSA 287-D:31.
Please do not hesitate to contact me with any questions.
Sincerely,
/s/ Zachary R. Hafer
Zachary Hafer
Cooley LLP
500 Boylston Street
Boston, MA 02116
Counsel to Win Win Win, LLC d/b/a/ “Concord
Casino” and Anthony M. Sanborn
ZH
cc: New Hampshire Lottery Commission
Cooley LLP 500 Boylston Street 14th Floor Boston, MA 02116-3736
t: +1 617 937 2300 f: +1 617 937 2400 cooley.com
Exhibit J
Katz, Adam M.
From: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Sent: Wednesday, September 27, 2023 1:17 PM
To: Crockett, Kelly
Cc: Hafer, Zach; Katz, Adam M.; Conforti, John
Subject: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
Attachments: State's Proposed Pre-Hearing Order (2023.09.27).pdf
[External]
Hi Kelly:
A ached to this message, please find for filing in the above ma er, the I&C Division’s proposed pre‐hearing order for
discussion this a ernoon.
Thank you,
Mark
Zach, Alex:
We’re pu ng in the a ached proposed order for discussion this a ernoon. My apologies for not ge ng this to you
sooner.
Best,
Mark
Mark W. Dell’Orfano
Assistant A orney General
Direct: 603.271.1236
Email: mark.w.dellorfano@doj.nh.gov
New Hampshire Department of Jus ce
Civil Law Bureau
33 Capitol St., Concord, NH 03301
Office: 603.271.3658 | Fax: 603.271.2110
FOR OFFICIAL USE ONLY
This electronic message and its a achments may contain privileged informa on, a orney‐client communica ons, or a orney work product intended
for the exclusive use of the addressee(s). If you are not an intended recipient, please no fy the New Hampshire Department of Jus ce immediately
at (603) 271‐3658 or reply to jus ce@doj.nh.gov and destroy all copies of this electronic message and any a achments.
1
THE STATE OF NEW HAMPSHIRE
LOTTERY COMMISSION
IN THE MATTER OF
WIN WIN WIN, LLC, d/b/a “CONCORD CASINO”
(FAC-00074 and GOE-00079)
Docket No. Lot 23-018
[PROPOSED] PRE-HEARING ORDER
A Pre-Hearing Conference was held on September 22, 2023, and September 27,
2023. Present through counsel were Win Win Win, LLC, d/b/a “Concord Casino” (the
“Respondent”) and Mr. Anthony M. Sanborn (“Mr. Sanborn”) represented by Zachary R.
Hafer, Esq. and Adam M. Katz, Esq., and John R. Conforti, Chief Compliance Office of
the New Hampshire Lottery Investigation and Compliance Division (the “Division”)
represented by Assistant Attorney General Mark W. Dell’Orfano.
HEARING
At the request of the Respondent, a joint hearing before the New Hampshire
Lottery Commission and Attorney General (the “Hearing Panel”) will be held at 10:00
a.m. on Tuesday, October 3, 2023, at the New Hampshire Public Utilities Commission,
Hearing Room A, 21 South Fruit Street, Concord, New Hampshire 03301.
ISSUES BEFORE THE HEARING PANEL
The Respondent will appear and show cause why its Facilities License (FAC-
00074) and Game Operator Employer License (GOE-00079) should not be revoked, as
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required under RSA 287-D:11, III(a) and N.H. Admin. R., Lot 7204.02(d), and an
indefinite period of ineligibility to hold any license or permit issued by the Lottery
Commission per RSA 287-D:23, III, should not be imposed following the Attorney
General’s determination that neither the Respondent nor Mr. Sanborn is suitable to be
associated with charitable gaming in New Hampshire.
BURDEN AND STANDARD OF PROOF
Because nothing in RSA 287-D:11, III(a) (Supp. 2022) or N.H. Admin. R., Lot
7204.02(d) allows an appeal of the Attorney General’s adverse suitability determinations
of the Respondent and Mr. Sanborn, nor mandates an adjudicative proceeding under RSA
541-A before revoking the Respondent’s licenses based on the Attorney General’s adverse
suitability determinations, the Respondent must establish by clear and convincing
evidence that its Facilities License (FAC-00074) and Game Operator Employer License
(GOE-00079) should not be revoked, as required under RSA 287-D:11, III(a) and N.H.
Admin. R., Lot 7204.02(d) and a period of ineligibility not imposed and why a lesser or
no sanction should be imposed.
HEARING PROCEDURE
Case Presentations:
The following order of presentations and maximum time limits will be observed at
the hearing:
• Respondent: ______ minutes for presentation and five (5) minutes each for
opening and closing statements.
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• Division: ______ minutes for presentation and five (5) minutes each for
opening and closing statements. The Division may defer its opening
statement until after the conclusion of the Respondent’s case-in-chief and
may limit its presentation to a rebuttal of the Respondent’s case.
Presentation Procedures:
The Respondent will present first. The Respondent will have the opportunity to
call witnesses and offer direct testimony and evidence supporting its position. The
Division will be allowed to cross-examine each witness called by the Respondent.
Following the conclusion of the Division’s cross-examination, members of the Hearing
Panel may choose to examine the witness before the witness will be dismissed. After
members of the Hearing Panel have concluded any examination, the Respondent may
conduct a re-direct examination of its witness. Following the Respondent’s re-direct
examination, the Division may move the Presiding Officer to recross-examine the
witness. After the conclusion of any re-direct examination or recross-examination, if any,
the witness will be excused.
After the Respondent has submitted its case-in-chief, the Division will have an
opportunity to call witnesses and offer testimony and evidence to support its position or
rebuttal. The Respondent will be allowed to cross-examine each witness called by the
Division. Following the conclusion of the Respondent’s cross-examination, members of
the Hearing Panel may choose to examine the witness before the witness will be
dismissed. After members of the Hearing Panel have concluded any examination, the
Division may conduct a re-direct examination of its witness. Following the Division’s re-
direct examination, the Respondent may move the Presiding Officer to recross-examine
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the witness. After the conclusion of any re-direct examination or recross-examination, if
any, the witness will be excused.
After the Division has put in its case-in-chief, the Respondent may deliver its
closing statement. Following the Respondent’s closing statement, the Division may
deliver its closing statement.
The hearing will then be closed.
Unless otherwise ordered by the Hearing Panel for good cause, the record in this
matter will be closed at the close of the hearing.
If the Hearing Panel decides to deliberate following the close of the hearing, the
parties to the hearing and members of the public are welcome to stay as observers only.
Deliberations are public proceedings, not public hearings, so no member of the public
will be allowed to address the Hearing Panel or otherwise speak during deliberations.
FILINGS AND MOTIONS
Filings and Motions:
All filings and motions shall be emailed to the Hearings Clerk, Kelly A. Crocket,
at kelly.a.crocket@lottery.nh.com and include a certificate of service on the opposing
party’s legal counsel. The Hearings Clerk will distribute electronic copies of all pleadings
via email to the Hearing Panel before the hearing, print hard copies, and distribute them
to the Hearing Panel on the day of the hearing.
Filing and Motion Deadlines:
• Filing of Witness and Exhibit Lists: Friday, September 29, 2023.
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• Filing copies of Exhibits for use at the Hearing: Friday, September 29, 2023.
• Filing written Motions: Friday, September 29, 2023.
• Filing written Objections: Noon on Monday, October 2, 2023.
• Filing of Proposed Findings of Fact and Conclusions of Law: Noon on
Monday, October 2, 2023.
Pending Motions:
All pending motions on the morning of the hearing will be heard and decided by
the Hearing Panel before the beginning of the hearing.
EXHIBITS
Pre-Labeling Exhibits:
All exhibits are to be organized in the order in which the offering party intends to
present them. Space will be provided in the upper right corner of the exhibit for labeling.
The parties must pre-label their exhibits. Pre-labeled exhibits should be arranged in
sequential order, starting with Respondent’s Exhibit 1, Division’s Exhibit 1, etc., and
must contain the name of the witness through whom the exhibit is presented.
Contested Exhibits:
The Hearing Panel will rule on any contested exhibits before the commencement
of the hearing.
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SO ORDERED
NEW HAMPSHIRE LOTTERY COMMISSION
Date Debra M. Douglas, Chair
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Exhibit K
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MR. DELL’ ORFANO: …hearing, it’s pretty standard stuff. Procedures for a hearing
like this. Towards the end there are some…I’d say they’re very close to
[INDISCERNIBLE 00:00:41], the hearings are close, and I think it’s something that we
can talk through if there are any questions.
MADAME CHAIR: Okay. Are you planning on discussing this today or –
MR. DELL’ORFANO: We don't need to if folks aren’t prepared to. I just handed it to
the counsel.
MR. HAFER: I guess, you tell me what's the most helpful to you. I thought I could start
by updating what we've done since we were last here, sort of [INDISCERNIBLE
00:01:14], does that make sense to do it that way?
MR. DELL’ORFANO: Yeah.
MR. HAFER: So we appreciate the time. Here's what we've done. It's been five days,
two of which were Saturday and Sunday, but this is what we've accomplished. We have
gotten all of the material to the forensic accountant’s desk that [PH 00:01:38] Mr.
Dell’Orfano and Mr. Conforti provided to us. The forensic accountant is full steam ahead
on trying to conduct the forensic analysis. Yesterday we were able to run down the
individual that we mentioned we were trying to find. We've had a preliminary
conversation with him, but we've not sort of walked through documents and stuff like
that, but we have made contact with him. We sent a letter on Monday, as we said, we
were going to power it through the suitability report over the weekend to get the letter out
on Monday with our requests. We think that the forensic analysis remains a really critical
piece of this. It's really the whole piece as far as we're concerned, Chair Douglas, and we
did see in the suitability report that there was a recommendation in the March 13th report
that the lottery commission indicated that they're not a law enforcement organization and
we're not tasked with conducting forensic financial reviews. We therefore recommend
that the Department of Justice perform a forensic analysis. So we think that analysis
needs to get done and we've done everything we can to put it into motion. There are, and
we actually had a meeting early this morning with the forensic accountant who has
advised us realistically, even moving fast, he needs six weeks to do what he needs to do
and get everything done. We asked him to focus on a couple of things quickly so we had
some substance to say. You guys mentioned several times last time if we got this wrong,
if we got something wrong, let us know. And there's obviously this reference of the
$970.56 in the Win Win Win account. And the fact that the day the IVO money came in,
that was the only money in the account, therefore the very close in time spend on the
sports car was problematic. There's two quick issues. One is the account identified in the
suitability report about the $917, it's not the correct account. We have received the funds
of the account ending in 3544, whereas the report indicates it's a different account. But
more importantly, and this is very preliminary based on a call this morning, it appears
that there were over $150,000 in Win Win Win funds that were in different accounts on
the day that the EIDL funds came in. And that is obviously a very, very significant fact.
We need to develop it further, but that's a significant fact. If there was money that wasn't
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EIDL money, that was the money that was used for the spending outlined in the report,
that obviously changes things from our perspective. So we're trying again to develop it,
but it just can't meaningfully be developed in 24 hours or 48 hours. But we wanted to
come here today and have something substantive to say about the report.
[00:05:00]
Another very preliminary thing is that page 66 of the suitability report refers to Concord
Casino having a negative cash flow in the operations. What we seem to think this
morning, again, in [PH 00:05:16] particular, the time frame is that while there was a loss
in 2022, there was a profit of close to $150,000 in 2021. It doesn't appear any draw was
taken in 2021. So these are really, really significant points that go to the core of the
suitability determination allegation here. So we believe just these issues in and of
themselves counsel strongly in favor of some time to get our hands around this as
opposed to the -- you know, I have this order that was received while I was driving up
here. I've not digested it, but these deadlines are not realistic. We are not going to be
prepared. Hopefully, we be continuing to demonstrate our good faith here and the fact
that we're moving as quickly as we can on several fronts, including trying to understand
the law. Just this one example, and I know we've had some limited back and forth here on
what the standard is, but the RSA provision that was cited in the suitability report or the
proposed findings is different than the one I see in this order this morning. This stuff
needs to be fleshed out. We've actually gotten through a first pass of all 2,000 pages of
information, but literally that's from Friday afternoon or whenever when we left here.
And we simply can't move any faster than we're moving. And so we're here, again, in
appreciation of the pause, but really to reiterate that we need time to do this in a way that
comports with due process, and especially given some of these factual issues that we've
identified. So it's one thing to read 2,000 pages. It's another thing to sit down with your
client, understand them better, and have the context around them. And so we're sort of
right where we were, although actually I think a little bit better positioned in terms of a
record at this point, counseling in favor of some meaningful amount of time to actually
get ready to have a hearing that’s going to stand up to any type of scrutiny. And then,
quite frankly, it's only to comport with the New Hampshire Administrative Procedures
Act and the various lottery regulations. So we need to get through the rest of the
discovery. There's other third parties on this notion of…the description on the application
of a charity consultant or something. I think that's what was on the last file, tax return.
We need to speak to the preparer of that return and find out what the reason to that was.
Obviously, it's called charitable gaming. There are perhaps reasonable explanations
for…obviously, we still understand it is a weird, sort of almost never-never-land where
gambling…casinos aren't legal, but charitable games of chance are. So, are you a casino
operator or are you a consultant? Obviously, there's a big difference between, you know,
an imprecise distinction and affirmative misrepresentation, and that's what we're trying to
understand. But this is what we need to do. We certainly hope that the Attorney General's
Office and the Commission recognize that these requests are reasonable and that they're
justified and that we've demonstrated here our good faith. And, you know, we thought
more about some of what you said at the last hearing, some of what we heard from Mr.
Dell’Orfano about the urgency, but we just still don't see it on the urgency. On the other
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side of things, whether it's the lottery's brand or the public's, you know, a sense of what's
going on, the reality is the first letter accusing Mr. Sanborn of essentially defrauding the
SBA is from October 3rd of 2022. The Lottery Commission's suitability report is March
13th of 2023, so it's 332 days to pass from the initial letter and 171 days after the first
suitability report till the proposed findings are issued.
[00:10:00]
So the fact now that we're asking for a very limited amount of time, nowhere near that
amount of time, to get our hands around this, we view as eminently justified and
reasonable, especially under the reg, looking at the various, I don't want to start citing
cases and stuff like that, but we have them if we need to. The times in which the superior
court has intervened to say, hey, no, you need to follow your own regulations. You need
to, you know, due process is meaningful, taking a license away implicates due process,
all that sort of stuff. But we really prefer not to create a fire drill here and ask a court to
stop this proceeding so that we can prepare meaningfully. We think we demonstrated that
there has to be a reasonable solution somewhere in between, but we're just not, we're not
gonna be ready.
MR. DELL’ORFANO: So I think that kind of comes back to what we discussed last
week, the state's position. At the end of the day, it’s a public protection situation. You
know, we have an operator continuing to operate while everyone's waiting for a hearing
to happen. I think that if there had been an anticipation that this hearing would take
longer, it's possible that we may have moved to suspend the license and have the hearing
within 10 days. But again, I think in retrospect, part of the reason we took so long with
this process is because we needed to be certain that there were good grounds here to
revoke that license. So I can't argue with Attorney Hafer at all regarding the timeframe. I
can tell you though, when it was elevated at DOJ to be up to a priority, our folks moved
as quickly as they could to request documents and review them. There was a significant
delay in getting those documents from Mr. Sanborn. But once delivered, we reviewed
them as quickly as we could and got out with a recommendation. And so at the end of the
day, while we understand that there might be additional time needed for forensic
accounting and things of that nature, I think that what the state's position is, is that those
interests are subordinate to those of public protection and public safety. And so on those
grounds, we would ask that the hearing move forward on October 3rd. In addition, one of
the things that seems to keep coming up is this due process argument. While we agree
that due process, there is a due process requirement, it's not as expensive as what it might
be for a different kind of permit. So, here there's no appeal from the Attorney General's
determination. There's no requirement in the statute that if you're going to revoke the
permit, or excuse me, the license, based on the Attorney General's determination, that
there even be a hearing under 541(a). We've extended that courtesy out of the notion that
there needs to be some opportunity for Mr. Sanborn to come in and explain exactly what
was going on. So, you know, unlike a few other cases out there where, you know, there's
a very clear due process requirement, here the due process requirement is somewhat
limited because the legislature, when it enacted this law, had determined that it was more
important to protect the public safety through the determination and quick revocation
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than it was to protect a privilege to operate a gambling establishment in the future. So, as
I said, you know, the state's looking to move forward on the third.
MR. KATZ: I'd like to just respond to the last point. I do think that's sort of critical. So
again, I'm just sort of ingesting this now. In putting the burden [PH 00:14:31]
introductory section [INDISCERNIBLE 00:14:34] Mr. Dell’Orfano’s desk, they’re
relying on 287(d)(11)(3). And that statute, as I read it, doesn't include the words "show
cause." It doesn't say anything about burdens. It actually doesn't say anything about
revoking a license. And if you compare that to the letter that Mr. Sanborn got,
purportedly notified him about what actually would happen at a hearing, it’s stating a
different provision, which is 287(d)(23).
[00:15:00]
And that provision actually covers revoking a license. And that provision, unlike D11,
one does have an appeal right. Although it's still not clear to me how the appeal right
maps on to whether or not there's a right to a hearing. And then the separate provision,
541(a)(30) -- and sorry, the cite -- the reason I [INDISCERNIBLE 00:15:19] is
important, if we're going to base this on the text of the statute, that says that an agency
shall not -- no exceptions -- modify or revoke a license unless there is a hearing first. And
so this is the first time we've heard that it sounds like the agent's position is no hearing is
needed at all, which from our perspective would be, privileged or otherwise, a pretty
remarkable interpretation of the law. And I'm happy to [PH 00:15:44] marshal it for as
long as possible if we get to it, why we think that we're going to prove this, respectfully is
completely backwards. But just looking at this here, it is conspicuous that the one statute
cited doesn't say anything about revoking a license, whereas the statute that does talk
about revoking a license says you have to show just cause. And then there are specific
regulations saying what just cause actually looks like. And so we're not seeing anything --
I understand Mr. Dell’Orfano position that the legislature thought public safety was more
important here. But that just strikes me as untethered from what the actual statute says.
And I should say that if there actually was a public safety emergency, one, it’s very hard
to swear with the March 2023 suitability report and then a five month gap until actually
telling Mr. Sanborn that this hearing was happening. And two, there is an obligation
under the regulations -- again, not a permissive obligation, a mandatory obligation -- if
there is an emergency, if there is no choice, the Lottery Commission has to immediately
revoke the license. And we think it's telling that they didn't do that here. So either the
Commission violated its own regulation or there's not an emergency. And we think it's
much more likely that the latter is true than the former.
MADAME CHAIR: You referenced 287(d)(11) and 287(d)(23).
MR. DELL’ORFANO: So the state's position is that d(11) is the provision that reads --
and I don't have it in front of me, so I can't cite it verbatim -- but it reads to the extent that
upon the determination by the Attorney General that someone is not suitable, they shall
no longer hold a license. Now, that doesn't say that, oh, well, there's an opportunity to
have a hearing and dispute the Attorney General's determination. It's -- let me just get my
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glasses. Get my glasses out. Okay, so it reads, the Attorney General -- so this is about, I
don't know, 2/3 of the way down in paragraph 3, bullet A – “the Attorney General and
Lottery Commission shall confirm and determine if, in their opinion, such person is
suitable to be associated with charitable gaming in New Hampshire. And upon the
determination that the person is not suitable, the person shall not be issued or continue to
hold a license.” And that's pretty clear. Now, in the letter that Attorney Katz is referring
to, there are really two grounds available to revoke the license. The first is this language
under 11. And the second is the language under 23 for just cause. And that is more or less
for things like -- first off, all the facts in this case could also be just cause. On top of that,
there were allegations made by the Attorney General that Win Win Win had failed to
demonstrate financial stability by clear and convincing evidence. That would be a just
cause reason for revoking the permit in and of itself, as well as some of the other
behaviors that are not in keeping with what the state is looking for in terms of its casino
operating licensees. But it's the D11 provision that is really the strongest statement by the
Legislature concerning whether or not one has been found by the Attorney General and
the Lottery Commission to be unsuitable, shall continue to hold the license, since this
says they won't. And there is no appeal right from the Attorney General's determination.
State's position that, you know, the license could have been revoked merely with a letter,
but that we've given Mr. Sanborn the opportunity to come in and, you know, give his
point of view.
[00:20:04]
MR. KATZ: I think there's a way to do this without torturing the statute that way,
because if you look at 287(d)(23), what it says is the Lottery Commission -- not a private
-- [Telephone rings ] – “The Lottery Commission may suspend or revoke the license of
any licensee who violates any provision of this chapter or for just cause shown.” So it
doesn't say it may suspend or revoke the license of any licensee for just cause or a
violation or for a lack of suitability. There are only two pathways. It's either a violation or
just cause shown. And I should say just to back up, it's true that the 11 says “shall not
hold a license,” but statutes do that all the time. It doesn't say how the license should be
removed. And it doesn't say when. And it doesn't specify any of the procedures that go
into revocation. It's buried in half a sentence in a section on background investigations,
not in an investigation conspicuously titled Penalties. So I think there's a way to do this,
where you read both of them in harmony, which we understand to be a bedrock principle
of New Hampshire statutory interpretation. You shouldn't read one provision that it's in
conflict with another. And another way that is kind of an absurdity is that I understand
their position, the moment that someone is found not suitable, they are instantaneously
supposed to be deprived of a license. And every day that passes is a new emergency,
which is, as I am hearing it now, what's justified going forward with the hearing, that we
would have to have these given to you in about 48 hours. If that were the case, that would
be reading the statute to immediately put the Lottery Commission into a crisis where it
can either wait to make sure that they've comported with due process or break the law by
not revoking someone's license, which to me doesn't make any sense, given that, again,
here, the suitability determination was made in March, and this is now five months later.
Just one last point on this. I heard Mr. Dell’Orfano could be separating out there's either
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suitability or there's just cause. But that's not what's in the proposed findings of facts. I
could just read one example of this. But throughout the proposed findings of facts, what it
says is –
MADAME CHAIR: Post-proposed findings of facts.
MR. KATZ: The commission’s Post-proposed findings of facts. What they say, even as
it stands, under a suitability problem, so they say the Commission determines that as a
matter of law, either the licensee, only Mr. Sanborn is suitable. So that's the suitability
[INDISCERNIBLE 00:22:43] to be associated with charitable gaming in New
Hampshire, and thereby, just cause exists. And so, it's not as if suitability is in one box, in
which -- and again, just that would be an extraordinary power, if you used it to say you
were not suitable, and there's no right to do anything, and you were deprived of a license
that could be your livelihood. But it actually looks like it's the case, which is how I agree
with the statute, and how I think it actually has to be read, is suitability, if you can prove
that by a preponderance, which is not an especially demanding burden, you can
demonstrate just cause at a hearing to remove someone's license, which would reconcile
both 287(d)(11) and 287(d)(23). And I think now it feels to me, respectfully, that be these
proposed findings that we've made an effort to situate this case within the statutory
structure. And now we're hearing that actually, we don't need to do any of that. There's no
human involved at all. Suitability [PH 00:23:43] syncs with these efforts. If that were the
case, we’d need 48 hours now to adjust to a statutory structure, it’s not even in the
proposed findings we received last week.
MR. DELL’ORFANO: I'm a little bit confused by that line of thinking. There was an
effort, from what I understand, in the event that suitability was problematic to use the
same suitability factors as just cause to remove the permit. So there isn't a, “oh, well,
you're found not suitable,” and then there's a hearing to determine whether or not you're
going to keep your permit. That isn't the purpose of the statute. The purpose of the statute
is again, to protect the public and lotteries rules. There's a rule, there are actually two
rules, and I don't have those citations with me. There are two actually lottery rules that,
you know, mirror aspects of the statute. And, you know, they basically provide the same
provisions that the statute does, that finding of no suitability, the Commission cannot
issue a license and a licensee shall not hold a license.
[00:25:05]
And there is no provision under the statute to appeal the Attorney General's
determination. So I think we're left in a situation where, well, gee whiz, I mean, if the
Attorney General says they're not suitable, but, you know, for whatever reason, the
Commission decides that that's not just cause, well, that person gets to keep their license.
And that's, you know, statutory construction in the state also, you know, looks out for
illogical conclusions. So, I mean, realistically, if we had to establish revocation under
(d)(23), it would mean that the Attorney General's determination would just be a factor in
that revocation, when in fact, (d)(11) makes it very clear that if the Attorney General says
they're not suitable, that is the determination, that is the reason for revoking a permit.
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There is no other, there is nothing else the Attorney General needs to go through in order
to substantiate that determination. There's no appeal from that determination. If the
Legislature wanted an appeal, they would put it in the statute. So a lot of cases in New
Hampshire on that very point. There's also a lot of cases on New Hampshire that revolves
around the idea that, when due process is unclear, more due process is better than less.
And so when it was discussed among the division to move forward with some kind of
hearing, a lot of thought was given as to what kind of hearing was required. Now, Mr.
Sanborn’s counsel would have you believe that we have to essentially convict him at
some kind of licensing hearing, when in actuality, the way that the law is structured,
we're being somewhat gracious in giving him the opportunity to come and present his
case, rather than simply revoking the license, because our burden is very, very low on
suitability. It is a decision that can be made by the Attorney General and the Lottery
Commission, based on the factors in RSA 287(d)(11). And some of those factors include
the way that Mr. Sanborn does business, potential criminal activity, and other factors that
have been shown in, or at least described in the notice that's gone out. So, we're kind of
taken aback a little bit that there's some kind of expectation that the State has to put on
some sort of evidentiary presentation, and has some sort of burden to demonstrate that
revocation is appropriate, given the Attorney General's suitability determination. So, if
that was the intent of the Legislature, they didn't make it clear.
MR. KATZ: I think they made it absolutely unescapably crystal clear when they put a
right to an appeal in (d)(23), which I understand, and I've read the regs cover to cover,
I've read the statute cover to cover, it’s the only place that talks about revoking a license.
And again, this would just be tremendous violence to not only this statute, but also the
APA, which I haven't heard an answer from Mr. Dell’Orfano on how this squares with
the provision in the APA that says you may not do anything to someone's license until
you have a hearing, which in order for their position to work, that has to be completely
taken off the table. I should say that, again, it says that if you are found not suitable, you
shall not hold a license. And then you look to a different provision of the statute, which
actually deals with, okay, what do we need to do to take this license away? And again,
and Mr. Dell’Orfano can correct me if I'm wrong, but my understanding is that they just
need to follow their own regulations. And there are regulations, and I can cite them to
you now if you'd like, that talk about… The only regulation that talks about a burden of
proof is a regulation that says you have to prove any factual assertion by a preponderance
of the evidence. And it's not an especially demanding burden. We're not asking for a trial.
But it has to be more than just on a whim, you could say to someone is not suitable, no
hearing, and take their license away. To put that in perspective, it's not as if suitability
exists in the ether. Suitability has to be backed by some factual assertion. And so it'd be
like saying in a criminal case, it's true that we have to show guilt, the facts beyond guilt,
beyond a reasonable doubt, but guilt itself is like a separate showing that requires
nothing. Suitability is the bottom line that you can show through underlying predicate
facts. If we don't have an opportunity for the commission to make their showing and us to
make our counter showing, this hearing isn't really affording any due process at all. And
again, Mr. Dell’Orfano is talking about what the Legislature did, but I haven't seen any
point to any part of the statute that actually for one could reconcile with 541(a)(30) which
says you can't do anything unless you have a hearing. And 287(d)(23) which talks about
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actual revocation being demonstrated by just cause, not to mention the regulations, which
based on the discussion last time, I took it to mean from Mr. Dell’Orfano that his view is
that the regulations don't really apply to the commission, they apply more to private
hearings.
[00:30:08]
But I looked back, and the quote I sent said instead is right at the start of the Lottery
Commission regulations, and this is Lot 200. This chapter provides procedural rules for
the conduct of hearings before the New Hampshire Lottery Commission. (Phone ringing)
There's no exception for the Lottery Commission itself. And it's sort of counterintuitive to
think that when you're wielding the force of the State, you would have less of a due
process protection afforded to someone who's defending themselves in a private action.
So I'm finding that sort of difficult to square with their position. And one last point, and
then I will stop. The rights of force in the APA are a floor...
MADAME CHAIR: Can I stop you there? What is the APA?
MR. DELL’ORFANO: It's RSA 541(a).
MADAME CHAIR: What?
MR. KATZ: Administrative [INDISCERNIBLE 00:30:57], sorry.
MADAME CHAIR: Okay, the acronyms drive me crazy.
MR. KATZ: Yeah, I know, I should have…I should have known before I got into
acronym land. The APA is a floor and not a ceiling on the procedures afforded to
respondents. And so what I mean by that, I can cite the regulations to you now, although
it might be easier to put this in writing. Let me make sure I give you the right
information. Okay, so RSA 541(a)(16) tasks each agency with having to go and adopt
rules for formal and informal procedures. And then RSA 541(a)(30), middle 3(d),
provides that all administrative proceedings must, or all agencies must adopt rules for
administrative proceedings that regulate the burden of proof. And then if you look at the
appendix to Lot 200, those are the regulations of the lottery provision. It said that it is
implementing those two regulations. And so it's not as if the APA is completely separate
from the regulations the Lottery Commission has itself adopted. The Lottery Commission
said, we are adopting these rules as passed by the legislature in the APA. And then if you
look at Lot 216.02, that is the only provision in the entire lottery set of regulations that
deals with burden of proof. And with that said, any party with a factual assertion or legal
assertion has to meet that by preponderance of the evidence, which means more likely
than not. It's not beyond reasonable doubt. It's not… I mean, looking at this proposed
order for these cases, the Commission said that Mr. Sanborn had to demonstrate
something by clear and convincing evidence. I promise you the words "clear and
convincing evidence" are nowhere to be found in Lot 800, in Lot 7200, in RSA 287(b).
And so the only provision that actually deals with burden of proof is sort of shouted out
8
Sanborn Pre Hearing Recording 9-27-23
October 6, 2023
Transcript by TransPerfect
that the burden of proof is to supplement the evidence with any factual assertion. And
suitability is a factual assertion. If it’s not, I don't know what else it could be.
MR. DELL’ORFANO: I think the problem that Mr. Sanborn has in this particular case
is that suitability is left to the determination of the Attorney General. It's not something
that -- the Attorney General is not subject to the lottery's rules. So at the end of the day,
he makes a suitability determination. That's as good as gold in this case.
MR. KATZ: Is the Attorney General exempt from the APA?
MR. DELL’ORFANO: Well, I want to go back to that for a second, because there's case
law in this state that talks about instances where an adjudicatory hearing is actually
required under the -- in accordance with the APA is actually required. And this isn't one
of those situations. So if the Attorney General's suitability determination was to be
subject to an appeal or any sort of hearing, then the statute would have said so. It doesn't
say that.
MR. KATZ: But the suitability determination means nothing in the abstract. The thing
that Mr. Sanborn is upset about is the revocation of his license. And the revocation of his
license, absolutely 100% under 287(b)(23) is subject to an appeal.
MR. DELL’ORFANO: So let's walk that forward. So these licenses expire annually.
And so it's almost October. So using that rationale, we –
MR. KATZ: Just to be clear on that rationale, I'm just reading off the website.
MR. DELL’ORFANO: I mean, it sounds like an argument. So using that rationale, what
happens on December 31st with the Attorney General's suitability determination that he's
not suitable? What happens at that point?
MR. KATZ: He would not be issued a new license.
MR. DELL’ORFANO: That's right.
MR. KATZ: But there's no provision specifically dictating how you have to act. Well,
there's no provision detailing the hearing you have to have for issuing a license. There's a
hearing that you have to go through to revoke a license.
[00:35:10]
MR. DELL’ORFANO: But the commission is forbidden from issuing a license to
someone who has an adverse suitability determination.
MR. KATZ: But we're not talking about issuing a license. We're talking about revoking
a license.
9
Sanborn Pre Hearing Recording 9-27-23
October 6, 2023
Transcript by TransPerfect
MR. DELL’ORFANO: But here's the thing, is that we can just wait around for three
months. And we can't issue him a license again because of this adverse suitability
determination.
MR. KATZ: nothing else, I hope that our presentation has convinced how much three
months would be valuable to us.
MADAME CHAIR: How did I know you were going to say that?
MR. DELL’ORFANO: Well, I'll tell you that our position is that the Attorney General's
duty under the statute, the Commission's duty under the statute, is very clear. “Shall not
hold a license.” The license needs to go.
MR. KATZ: And then how do you do that? I mean, that's how government works. You
confer power, and then you constrain it.
MR. DELL’ORFANO: I understand how government works.
MR. KATZ: So the conferral of power was the right to determine whether someone is
suitable, and the constraint is, if you're going to revoke it, there's a provision that says
penalties, you can revoke it either for a violation or just cause. Okay? And so which one
is suitability?
MR. DELL’ORFANO: Well, see, suitability is neither of those. Suitability is grounds
by itself to revoke under (d)(11). That's our argument.
MR. KATZ: I guess where's the word "revoke" in (d)(11)?
MR. DELL’ORFANO: Well, "shall not hold."
MR. KATZ: That's different than "revoke."
MR. DELL’ORFANO: Okay.
MR. HAFER: And the other thing on the facts here, which Mr. Dell’Orfano talked
about, you know, they moved as quickly as they could once this landed on their desk. We
didn't cite the amount of time from the initial October 2022 letter to the March 2023
determination to the proposed fact findings to criticize it in any way. It's reflective of the
amount of time it takes one in a complicated matter to have completed their job. We're
not asking for remotely that much time. We agree December 31st, you know, there's
gonna be a renewal problem, no doubt. We didn't even ask for December 31st. And what
we've tried to demonstrate today is that we're moving as fast as humanly possible.
Nobody wants to hear stories about all the other matters and stuff people have, all the
lawyers, all busy people have lots of things. But we have moved mountains to get as far
as we've gotten in five days and just continue to believe that everyone will benefit with
some reasonable amount of time, especially given some of the [PH 00:37:45] valuable
10
Sanborn Pre Hearing Recording 9-27-23
October 6, 2023
Transcript by TransPerfect
points that you’ve identified, as quickly as you’ve identified, but they're not fully
developed, and I don't, I'm not saying they're not fully developed, they’re not fully
developed.
MADAME CHAIR: Okay.
MR. DELL’ORFANO: I have the state's position that the third is when it should be.
MADAME CHAIR: Okay.
MR. KATZ: If I could just, give me one second here. The words “show cause,” how it's
here, before me and now in this pre-hearing order, and that is another phrase that I would
challenge the AG or the Commission to find anywhere in the lottery regulations or in the
lottery statute. Forcing a licensee to show cause is a pretty significant power. It's not
there, and we're telling you that when it is there, it's there expressly in other statutes, and
so RFA 361-83, RFA 397-18, these are agency statutes governing other agencies. And
here it says expressly, if you're going to do this, you can force a licensee to show cause.
And again, maybe I'm misunderstanding how statutory interpretation works in New
Hampshire, but my understanding is that when the legislature uses certain words
someplace, and different words in other places, it's intended to have some meaning. So if
they're saying in this setting, you can show cause, or force someone to show cause so
they shouldn't have a license, and then this other one, they're not saying that, it seems like
a pretty compelling evidence in the latter setting, there's no vehicle for a just cause or a
show cause setting.
MADAME CHAIR: Being a non-lawyer, show cause is a term of art for me. I
understand what you're saying. Okay. I want to review all of this and get back with you
MR. HAFER: Perfect. Thank you, Madame Chair.
11
I, Anders Nelson, hereby certify that “Sanborn Pre Hearing Recording 9-27-23” is, to the best of my
knowledge and belief, a true and accurate transcription of the recorded proceeding.
______________________
Anders Nelson
Project Manager
October 9, 2023
216 EAST 45TH STREET, 9TH FLOOR, NEW YORK, NY 10017 T +1 212.400.8845 F +1.212.867.3106 LEGAL.TRANSPERFECT.COM
Exhibit L
Exhibit M
Katz, Adam M.
From: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Sent: Tuesday, October 3, 2023 11:45 AM
To: Knights, Mark
Subject: RE: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
Hi Mark:
10:00 a.m. tomorrow works for me.
The Division will not assent to your client’s motion. The Division contends that the Chair sought consent for recording
from counsel on the basis that the recordings would be for the Chair’s personal use only and would not serve as a
record, official or otherwise, of the pre-hearing conference.
Kindly,
Mark
Mark W. Dell’Orfano
Assistant A• orney General
Direct: 603.271.1236
Email: mark.w.dellorfano@doj.nh.gov
New Hampshire Department of Jus•ce
Civil Law Bureau
33 Capitol St., Concord, NH 03301
O• ce: 603.271.3658 | Fax: 603.271.2110
FOR OFFICIAL USE ONLY
This electronic message and its a• achments may contain privileged informa•on, a• orney-client communica•ons, or a• orney work product intended
for the exclusive use of the addressee(s). If you are not an intended recipient, please no•fy the New Hampshire Department of Jus•ce immediately
at (603) 271-3658 or reply to jus•ce@doj.nh.gov and destroy all copies of this electronic message and any a• achments.
From: Knights, Mark <mknights@nixonpeabody.com>
Sent: Tuesday, October 3, 2023 10:23 AM
To: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Subject: RE: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
EXTERNAL: Do not open attachments or click on links unless you recognize and trust the sender.
Hi Mark,
I’m tied up this afternoon, but I’m free before 11 tomorrow morning. How about 10 am?
Part of the reason I was reaching out was to let you know we anticipate filing a motion today for access to
the recordings that were made of the pre-hearing conferences. I know you’ve had some back-and-forth
with Zach about that already, but would you assent to such a motion?
Thanks very much,
1
Mark
Mark T. Knights
Partner
Nixon Peabody LLP
O 603-628-4027 | C 603-785-8727
_________________________
Ride for Resilience: On October 13, I’ll be cycling 100 miles across
New Hampshire to raise funds for the NH Children’s Trust, the state’s
leading child abuse and neglect prevention organization. Learn more
and donate at https://www.pledgereg.com/382901.
From: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Sent: Tuesday, October 3, 2023 9:53 AM
To: Knights, Mark <mknights@nixonpeabody.com>
Subject: RE: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
Hi Mark:
My apologies for not getting back to you sooner. Would a call at 1:00 p.m. today work for your schedule? If not, I am
available this afternoon until 3:00 p.m. and any time tomorrow morning.
Best,
Mark
Mark W. Dell’Orfano
Assistant A• orney General
Direct: 603.271.1236
Email: mark.w.dellorfano@doj.nh.gov
New Hampshire Department of Jus•ce
Civil Law Bureau
33 Capitol St., Concord, NH 03301
O• ce: 603.271.3658 | Fax: 603.271.2110
FOR OFFICIAL USE ONLY
This electronic message and its a• achments may contain privileged informa•on, a• orney-client communica•ons, or a• orney work product intended
for the exclusive use of the addressee(s). If you are not an intended recipient, please no•fy the New Hampshire Department of Jus•ce immediately
at (603) 271-3658 or reply to jus•ce@doj.nh.gov and destroy all copies of this electronic message and any a• achments.
From: Knights, Mark <mknights@nixonpeabody.com>
Sent: Monday, October 2, 2023 12:00 PM
To: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Subject: RE: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
EXTERNAL: Do not open attachments or click on links unless you recognize and trust the sender.
Hi Mark – jut left you a VM. I’m hoping to catch up with you briefly. Is there a good time to talk today?
Looking forward to working with you on this.
2
Best,
Mark
Mark T. Knights
Partner
Nixon Peabody LLP
O 603-628-4027 | C 603-785-8727
_________________________
Ride for Resilience: On October 13, I’ll be cycling 100 miles across
New Hampshire to raise funds for the NH Children’s Trust, the state’s
leading child abuse and neglect prevention organization. Learn more
and donate at https://www.pledgereg.com/382901.
From: Hafer, Zach <ZHafer@cooley.com>
Sent: Monday, October 2, 2023 10:24 AM
To: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>; Crockett, Kelly <Kelly.A.Crockett@lottery.nh.gov>
Cc: Katz, Adam M. <akatz@cooley.com>; Conforti, John <John.J.Conforti@lottery.nh.gov>; Knights, Mark
<mknights@nixonpeabody.com>
Subject: RE: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
[EXTERNAL E-MAIL]
Be Aware of Links and Attachments
Thank you, Mark.
Also, please find attached a Notice of Appearance for attorney Mark T. Knights, copied here, who is being
added as counsel for Win Win Win, LLC d/b/a/ “Concord Casino” and Anthony M. Sanborn.
Best,
Zach
Zachary R. Hafer
Cooley LLP
Boston, MA
Cell: (781) 771-3785
Bio: www.cooley.com/people/zachary-r-hafer
From: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Sent: Monday, October 2, 2023 10:08 AM
To: Hafer, Zach <ZHafer@cooley.com>; Crockett, Kelly <Kelly.A.Crockett@lottery.nh.gov>
Cc: Katz, Adam M. <akatz@cooley.com>; Conforti, John <John.J.Conforti@lottery.nh.gov>
Subject: RE: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
[External]
Hi Zach:
I do not represent Chair Douglas in the Concord Casino proceedings, just the Investigation and Compliance Division.
Nevertheless, I will forward your letter to the Lottery Commission’s legal counsel.
3
Kindly,
Mark
Mark W. Dell’Orfano
Assistant Attorney General
Direct: 603.271.1236
Email:
mark.w.dellorfano@doj.nh.gov
New Hampshire Department of
Justice
Civil Law Bureau
33 Capitol St., Concord, NH 03301
Office: 603.271.3658 | Fax:
603.271.2110
FOR OFFICIAL USE ONLY
This electronic message and its a• achments may contain privileged informa•on, a• orney-client communica•ons, or a• orney work product intended
for the exclusive use of the addressee(s). If you are not an intended recipient, please no•fy the New Hampshire Department of Jus•ce immediately
at (603) 271-3658 or reply to jus•ce@doj.nh.gov and destroy all copies of this electronic message and any a• achments.
From: Hafer, Zach <ZHafer@cooley.com>
Sent: Sunday, October 1, 2023 8:55 PM
To: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>; Crockett, Kelly <Kelly.A.Crockett@lottery.nh.gov>
Cc: Katz, Adam M. <akatz@cooley.com>; Conforti, John <John.J.Conforti@lottery.nh.gov>
Subject: RE: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
EXTERNAL: Do not open attachments or click on links unless you recognize and trust the sender.
Thanks Mark.
Please find the attached preservation notice. Should we choose to file a motion to obtain the recordings, is it
safe to assume you will oppose that?
Best,
Zach
Zachary R. Hafer
Cooley LLP
Boston, MA
Cell: (781) 771-3785
Bio: www.cooley.com/people/zachary-r-hafer
From: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Sent: Saturday, September 30, 2023 12:14 PM
To: Hafer, Zach <ZHafer@cooley.com>; Crockett, Kelly <Kelly.A.Crockett@lottery.nh.gov>
Cc: Katz, Adam M. <akatz@cooley.com>; Conforti, John <John.J.Conforti@lottery.nh.gov>
Subject: Re: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
4
[External]
Hi Zach:
Thank you for your message.
I realize that I may have been unclear in my last message. Pre-hearing conferences are governed under RSA 541-A:31, V
and N.H. Admin. R., Lot 210.05. I will leave it to your team to puzzle out what the legislature meant by “informal
prehearing conferences.”
Motions in administrative actions must be made in accordance with N.H. Admin. R., Lot 209.01. I have yet to read any
motion made by your client in this action.
Disputes over motion practice and whether statements made at pre-hearing conferences are or should be part of the
formal record in an administrative action are almost unheard of. Perhaps it is time for your client to consider adding a
New Hampshire practitioner to the legal team.
Kindly,
Mark
-
Mark W. Dell’Orfano
Assistant Attorney General
Tel: 603.271.1236
Email: mark.w.dellorfano@doj.nh.gov
New Hampshire Department of Justice
Civil Law Bureau
Office of the Attorney General
33 Capitol St.
Concord, NH 03301
Main: 603.271.3658 | Fax: 603.271.2110
-Sent from my phone.
From: Hafer, Zach <ZHafer@cooley.com>
Sent: Friday, September 29, 2023 6:05:36 PM
To: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>; Crockett, Kelly <Kelly.A.Crockett@lottery.nh.gov>
Cc: Katz, Adam M. <akatz@cooley.com>; Conforti, John <John.J.Conforti@lottery.nh.gov>
Subject: RE: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
EXTERNAL: Do not open attachments or click on links unless you recognize and trust the sender.
Mark –
5
Thanks for your email.
Our email to Ms. Crockett was not a formal request under Lot 215.01. We were simply asking for a
recording of the conferences, which we understood were being recorded for all parties. Had we
known otherwise, we would have recorded the conferences on our own. See, e.g., RSA 541-A:31,
VII (permitting “[a]ny party” to “record an oral proceeding”).
Neither RSA 541-A:31, V(b) (the provision I assume you intended to cite), or the APA or NHLC
regulations refer to pre-hearing conferences as being “off the record.” Moreover, during the
proceedings on September 22 and 27, you asked Ms. Crockett to go “off the record.” If those
sessions weren’t on the record, why did you ask to go off?
RSA 541-A:31, VI states that “[t]he record in a contested case shall include … motions and
objections.”
o On September 22 and 27, we made and renewed “[o]ral motions,” pursuant to Lot
209.01(b) and Lot 214.01(b).
o Lot 207.04(c) states that all “materials submitted in a proceeding shall be kept in the
hearing record in the main office of the commission.” The word “proceeding” covers more
than just the hearing, see Lot 202.01(g) (“‘Hearing’ means a component of a proceeding…”),
and our oral motions are “materials submitted” in the “proceeding[s].” Given this, and the
fact that “property” is not referenced in the NHLC regulations, what is the basis for your
claim that the recordings are Chair Douglas’s personal property?
We are not asking to admit the recordings as evidence at this point —we are simply asking for
copies of them. In any event, the recordings are likely admissible, given that Lot 216.04(c) states
that “[a]ll documents, materials and objects offered as exhibits shall be admitted into evidence
unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally
privileged.”
Am I right to assume by your email that you oppose our request for the recordings? If yes, on
whose behalf are you opposing?
Finally, your email cites the APA (Chapter 541-A) as authority. On September 27, however, you
stated that RSA 541-A:30, II, which requires a pre-revocation hearing, does not apply. Could you
help us reconcile that? If you agree that RSA 541-A:30, II requires a hearing, should we make a
joint submission to avoid unnecessary briefing?
Given the tight timeline we’re on, we ask that you respond to the above by 4:00 p.m. ET on Monday so we can
decide whether to file a motion to compel pursuant to Lot 215.01.
Best,
Zach
Zachary R. Hafer
Cooley LLP
6
Boston, MA
Cell: (781) 771-3785
Bio: www.cooley.com/people/zachary-r-hafer
From: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Sent: Thursday, September 28, 2023 6:41 PM
To: Hafer, Zach <ZHafer@cooley.com>; Crockett, Kelly <Kelly.A.Crockett@lottery.nh.gov>
Cc: Katz, Adam M. <akatz@cooley.com>; Conforti, John <John.J.Conforti@lottery.nh.gov>
Subject: RE: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
[External]
Hi Zach:
In your message to Kelly, you refer to the pre-hearing conference on Sept. 22, continued to Sept. 28, as “two hearings.”
Under New Hampshire law, a pre-hearing conference in an administrative action is not a hearing. Instead, it is an
opportunity for the parties and their counsel to meet informally for an open and frank discussion of the details of a
pending matter and to entertain settlement discussions. See RSA 541-A. V(b) (2021) (“[i]n order to facilitate proceedings
and encourage informal disposition, the presiding officer may […] schedule one or more informal prehearing
conferences prior to beginning formal proceedings.”). Accordingly, statements made during a pre-hearing conference
are not “on the record” and except in extraordinary circumstances, cannot be introduced as evidence in the pending
administrative proceedings or collateral actions.
It was my understanding that Chair Douglas’s recordings of the pre-hearing conference were prepared by her for her
personal use only. Therefore, it seems to me that Chair Douglas’s recordings are the property of Chair Douglas and not
the State.
Kindly,
Mark
Mark W. Dell’Orfano
Assistant Attorney General
Direct: 603.271.1236
Email: mark.w.dellorfano@doj.nh.gov
New Hampshire Department of Justice
Civil Law Bureau
33 Capitol St., Concord, NH 03301
Office: 603.271.3658 | Fax: 603.271.2110
FOR OFFICIAL USE ONLY
This electronic message and its attachments may contain privileged information, attorney-client communications, or attorney work product intended
for the exclusive use of the addressee(s). If you are not an intended recipient, please notify the New Hampshire Department of Justice immediately
at (603) 271-3658 or reply to justice@doj.nh.gov and destroy all copies of this electronic message and any attachments.
From: Hafer, Zach <ZHafer@cooley.com>
Sent: Thursday, September 28, 2023 8:31 AM
To: Crockett, Kelly <Kelly.A.Crockett@lottery.nh.gov>; Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Cc: Katz, Adam M. <akatz@cooley.com>; Conforti, John <John.J.Conforti@lottery.nh.gov>
Subject: RE: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
EXTERNAL: Do not open attachments or click on links unless you recognize and trust the sender.
7
Good Morning Kelly,
As I mentioned on the way out yesterday, we would like to get copies of the recordings of each of the two
hearings, and any written summaries or transcripts that you may have created. Please let me know if you
need something more formal from us to do that, or whether this email is sufficient.
Also, if you have a sense as to when we might hear from Chair Douglas regarding our request to continue the
hearing date, could you let us know?
Many thanks,
Zach
Zachary R. Hafer
Cooley LLP
Boston, MA
Cell: (781) 771-3785
Bio: www.cooley.com/people/zachary-r-hafer
From: Crockett, Kelly <Kelly.A.Crockett@lottery.nh.gov>
Sent: Wednesday, September 27, 2023 1:28 PM
To: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Cc: Hafer, Zach <ZHafer@cooley.com>; Katz, Adam M. <akatz@cooley.com>; Conforti, John
<John.J.Conforti@lottery.nh.gov>
Subject: RE: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
[External]
Thank you, Mr. Dell’Orfano.
Thank you,
Kelly Crockett, BS.
Executive Administrative Assistant II
NH Lottery Commission
14 Integra Drive
Concord, NH 03301
Phone: 603-271-7107
Kelly.A.Crockett@lottery.nh.gov
" A People without the Knowledge of their past history, origin, and culture is like a tree without roots"
-Marcus Garvey-
From: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Sent: Wednesday, September 27, 2023 1:17 PM
To: Crockett, Kelly <Kelly.A.Crockett@lottery.nh.gov>
Cc: Hafer, Zach <ZHafer@cooley.com>; Katz, Adam M. <akatz@cooley.com>; Conforti, John
<John.J.Conforti@lottery.nh.gov>
Subject: IMO Win Win Win, LLC, et al. (Lot 23-018) - Division's Proposed Pre-Hearing Order
8
Hi Kelly:
Attached to this message, please find for filing in the above matter, the I&C Division’s proposed pre-hearing order for
discussion this afternoon.
Thank you,
Mark
Zach, Alex:
We’re putting in the attached proposed order for discussion this afternoon. My apologies for not getting this to you
sooner.
Best,
Mark
Mark W. Dell’Orfano
Assistant Attorney General
Direct: 603.271.1236
Email: mark.w.dellorfano@doj.nh.gov
New Hampshire Department of Justice
Civil Law Bureau
33 Capitol St., Concord, NH 03301
Office: 603.271.3658 | Fax: 603.271.2110
FOR OFFICIAL USE ONLY
This electronic message and its attachments may contain privileged information, attorney-client communications, or attorney work product intended
for the exclusive use of the addressee(s). If you are not an intended recipient, please notify the New Hampshire Department of Justice immediately
at (603) 271-3658 or reply to justice@doj.nh.gov and destroy all copies of this electronic message and any attachments.
This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use,
disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
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10
Exhibit N
THE STATE OF NEW HAMPSHIRE
LOTTERY COMMISSION
IN THE MATTER OF:
WIN WIN WIN, LLC, d/b/a “CONCORD CASINO”
(FAC-00074 and GOE-00079)
Docket No. Lot 23-018
MOTION FOR RECORDINGS OF PRE-HEARING CONFERENCES
ZACHARY R. HAFER KAITLAND KENNELLY
ADAM M. KATZ COOLEY LLP
COOLEY LLP 55 Hudson Yards
500 Boylston Street New York, NY 10001
Boston, MA 02116 Tel : 202-479-6000
Tel: 617-931-2300 kkennelly@cooley.com
zhafer@cooley.com
akatz@cooley.com MARK T. KNIGHTS
NIXON PEABODY LLP
900 Elm Street
Manchester, NH 03101
Tel: 603-345-1144
mknights@nixonpeabody.com
Counsel to Win Win Win, LLC d/b/a “Concord Casino” and Anthony M. Sanborn
Respondents Win Win Win d/b/a “Concord Casino” and Anthony M. Sanborn hereby move
pursuant to N.H. Admin Lot (“Lot”) 209.01 and Lot 215.02 to compel the New Hampshire Lottery
Commission (“NHLC”) and/or Chair Debra M. Douglas to provide Respondents with recordings
of the pre-hearing conferences held on September 22 and September 27, 2023.
BACKGROUND
On September 22, 2023, undersigned 1 appeared for a pre-hearing conference in this matter.
Before the conference began, Chair Douglas confirmed that all parties were comfortable with the
Chair’s assistant recording the conference. At the start of the conference, Respondents made an
oral motion to postpone the October 3, 2023 hearing date until December 3, 2023. The conference
lasted an hour and focused almost entirely on Respondents’ motion. At the end of the conference,
the Assistant Attorney General (“AAG”) representing NHLC stated: “Let’s go off the record.”
On September 27, 2023, undersigned appeared for another pre-hearing conference to
further discuss Respondents’ motion for a postponement. Again, the Chair confirmed that all
parties were comfortable with the Chair’s assistant recording. At that conference, Respondents
made a second oral motion regarding whether they were entitled to a pre-revocation hearing and
the appropriate legal burden at such a hearing. The September 27 conference lasted an hour and,
like the September 22 conference, focused almost entirely on a discussion of Respondents’
motions. At the end of the conference, the AAG again asked to go “off the record.”
On the way out of the September 27 conference, undersigned advised the Chair’s assistant
that Respondents would be sending an email to request copies of the recordings of the September
22 and 27 conferences (the “Recordings”). On September 28, Respondents emailed the Chair’s
assistant—copying the AAG—to request the Recordings.
1
This motion uses “undersigned” as shorthand. To be clear, however, attorneys Zachary Hafer and Adam
Katz attended the September 22 and 27, 2023 conferences; Kaitland Kennelly and Mark Knights did not.
1
Later that evening, the AAG responded to the email requesting the Recordings. Ex. A. In
that response, the AAG appeared to take issue with Respondents obtaining the Recordings, but it
was not clear whether he was objecting or on whose behalf he was doing so. The AAG also
claimed that pre-hearing conferences were not “on the record,” “cannot be introduced as
evidence,” and were the “personal” “property” of the Chair and “not the State.” Id.
In a responsive email the next day, September 29, Respondents asked the AAG, among
other things, if he objected to Respondents’ request for the Recordings, and, if so, on what basis
and on whose behalf. Id. In an email the following day, September 30, the AAG did not answer
that question. Id.
On October 1, Respondents sent a Preservation Notice regarding the Recordings. Ex. B.
In response to the Preservation Notice, the AAG noted that he represents a division of NHLC, but
does not represent the Chair (who presumably oversees that division). Ex. A. The AAG declined
to say whether he opposes Respondents’ request for the Recordings. Id.
On October 3, after additional attempts by Respondents to ascertain the AAG’s position on
this motion, the AAG responded: “The Division will not assent to your client’s motion. The
Division contends that the Chair sought consent for recording from counsel on the basis that the
recordings would be for the Chair’s personal use only and would not serve as a record, official or
otherwise, of the pre-hearing conference.” Id. The AAG did not cite to any statute, regulation, or
case law in support of this position. This motion followed.
ARGUMENT
I. Respondents Are Entitled to the Recordings Because They are Part of the Record
Respondents are entitled to the Recordings because they are part of the record. Under the
Administrative Procedure Act (“APA”), the “record in a contested case”—which this case is—
“include[s] … motions.” RSA 541-A:31, VI. And under NHLC regulations, “[o]rders, notices,
2
written documents, and all other materials submitted in a proceeding shall be kept in the hearing
record.” Lot 207.04. When the APA and NHLC regulations refer to the “proceeding,” they refer
to more than just the hearing. See, e.g., RSA 541-A:1, I (defining “[a]djudicative proceeding” to
cover all “procedure[s] to be followed in contested cases”); Lot 202.01(g) (defining “[h]earing” as
a “component of a proceeding”); RSA 541-A:31, VII (differentiating between the “hearing” and
“proceeding”). Motions made in proceedings can be made orally. Lot 209.01(b), Lot 214.01(a).
Here, Respondents made an oral extension motion during the September 22 conference,
renewed that motion at the September 27 conference, then made a further motion at the September
27 conference to challenge NHLC’s disclaiming of the right to a hearing and misconception that
the burden of proof is on Respondents. At both conferences, the Chair heard extended argument.
On September 28, the Chair issued a Pre-Hearing Order that ruled on Respondents’ “oral motion
for a time extension,” and deferred ruling on Respondents’ motion regarding the right to a hearing
and burden, pending further briefing. Pre-Hearing Order at 1–2. In sum, both conferences were
devoted near-exclusively to Respondents’ motions and argument on those motions. Under RSA
541-A:31, VI and Lot 207.04(c), those motions and the related argument qualify both as “motions”
and “material submitted in a proceeding.” They are thus part of the record.
Tellingly, the AAG—a seasoned New Hampshire practitioner—asked to go “off the
record” at the close of both conferences. Of course, one cannot go “off the record” if the record is
not “on” to begin with. As such, the AAG’s requests to go “off the record” are further evidence
that all parties assumed that both conferences were on the record. At minimum, the AAG’s
requests to go “off the record” belie the AAG’s position stated on October 3 that the “recordings
… would not serve as a record.” Ex. A.
II. Respondents Are Entitled to the Recordings Under Lot 215.01 and 215.02
Even if the Recordings were not part of the record, they would still be discoverable. NHLC
3
regulations instruct parties to produce “information or documents relevant to the hearing.” Lot
215.01(a). The touchstone is relevance and it is easily established here. Both conferences involved
substantial discussions of, inter alia, the process that will be afforded to Respondents (if any) and
the views of NHLC and the Attorney General (“AG”) regarding Respondents’ ongoing licensure.
Those discussions are relevant twice over. First, because they include NHLC’s and the AG’s view
as to Respondents’ suitability—the subject of this matter. Second, because they include material
that Respondents have a right to cite in further motions or on appeal. For instance, if NHLC’s
reasons for expediting these proceedings are inconsistent, those inconsistencies would be relevant
to Respondents (a) arguing that the State lacks a reasonable basis to rush, (b) potentially filing a
renewed motion for an extension, and (c) potentially challenging rulings on appeal. Likewise, if
NHLC’s forthcoming brief on the right to a hearing and burden of proof departs from statements
made at the September 27 conference, Respondents are entitled to make that point.
Limiting Respondents’ ability to make relevant arguments in their defense, or even to have
a record of their own motions, would pose grave due process concerns. The Supreme Court has
held that “revocation” of a license “may have severe repercussions” on one’s “livelihood” that
result in “immediate and irreparable harm.” Thompson v. New Hampshire Bd. Of Medicine, 143
N.H. 107, 108–11 (1998). If agencies do not self-correct due process violations in revocation
proceedings, it is “appropriate for the superior court to have equitable jurisdiction to review the
lawfulness of [agency] proceedings prior to the imposition of a disciplinary sanction.” Id. at 111.
Denying Respondents’ access to discovery relevant to mounting their defense would force
Respondents to seek emergency relief from the judiciary.
III. Respondents Are Entitled to the Recordings as a Matter of Equity
Even if the APA and NHLC regulations did not entitle Respondents to the Recordings (they
do), equity would compel producing the Recordings. There is no good reason to deny Respondents
4
the Recordings and allowing such access would harm no one. Whether or not the Recordings
become evidence in this or another proceeding, Respondents are entitled to a copy of their own
oral motions and the arguments submitted on those motions. Further, like the AAG, Respondents
understood that the Recordings were part of the record and were being made for the benefit of all
parties. Had Respondents known they would potentially be denied the Recordings, Respondents
would have “record[ed]” the “oral proceeding[s],” as they are entitled to do. RSA 541-A:31, VII. 2
Meanwhile, granting Respondents access to the Recordings would cause no prejudice to
NHLC. There were no confidential discussions at either of the conferences. Nor can NHLC
credibly claim that they thought their statements at the conferences were made “off the record,”
given that their counsel asked to go “off the record” at the end of the proceedings. Importantly,
Respondents are not asking NHLC to create a transcript or any other summary, but simply to
provide copies of pre-existing audio files. Upon receipt of the Recordings, Respondents agree to
have the audio transcribed, at Respondents’ expense, and provide courtesy copies to all parties.
Under these circumstances, it is hard to conceive of any basis, let alone a reasonable one, to deny
Respondents access to the Recordings.
IV. The AAG’s Objections to Respondents Obtaining the Recordings are Meritless
The AAG’s objections to this motion are groundless.
First, neither RSA 541-A:31, V(b) nor Lot 210.05 say that pre-hearing conferences are
“off the record” or otherwise inaccessible. While RSA 541-A:31, V(b) does describe “prehearing
conferences” as “informal,” and Lot 210.05 refers back to RSA 541-A:31, V(b), neither provision
says anything about being “off the record” or inaccessible. In fact, the phrase “off the record”
appears nowhere in Chapter Lot 200 or the APA.
2
Presumably, the Chair herself recorded the conferences in her capacity as a “party” to the proceedings,
RSA 541-A:31, VII. There is no right in the APA or NHLC regulations for non-parties to make recordings.
5
Moreover, the fact that a proceeding is “informal” does not mean it is “off the record,”
much less that it is sealed. Indeed, courts regularly hold informal conferences that are recorded
and available. Courts also “interpret legislative intent from the statute as written and will not
consider what the legislature might have said or add language that the legislature did not…”
Polonsky v. Town of Bedford, 171 N.H. 89, 93 (2018). Again, nothing in RSA 541-A:31, V(b)
says conferences are “off the record” or inaccessible. And there is no sign that “informal” carries
that meaning either. The common usage of “informal proceeding” is a proceeding “conducted in
a more relaxed manner than a typical court trial, such as an administrative hearing.” Proceeding,
Black’s Law Dictionary (11th ed. 2019). Here, that denotes that NHLC hearings must adhere to a
more constrictive set of protocols in Lot 216.03, et seq., whereas pre-hearing conferences are free
to discuss “[a]ny … matters which aid in the disposition,” Lot 210.05(g). But both “formal” and
“informal procedures” are part of the “proceeding.” RSA 541-A:30-a, I. In short, all signs point
to “informal” meaning “informal”—not a roundabout reference to “off the record.” 3
Second, the AAG appears concerned that the Recordings could be “introduced as
evidence.” Ex. A. But, here, all Respondents seek is for copies of the Recordings, not a ruling on
their admissibility. The AAG may object to admissibility in due course, even though any such
objection would lack merit under Lot 216.04(c). And to repeat: even if the Recordings were not
part of the record and even if the Recordings were inadmissible as evidence, that would still not
change that they are “relevant” and thus subject to discovery under Lot 215.01 and 215.02—the
AAG’s email on October 3 does not address this distinction. Ex. A.
3
It bears noting that the AAG wants to have it both ways on the APA. On the one hand, the AAG cites a
provision of the APA to attempt to block Respondents’ access to the Recordings. On the other, the AAG
claims that the APA’s guarantee to a pre-revocation hearing does not apply. Proposed Order at 2
(disclaiming “RSA 541-A”). The AAG cannot invoke the APA when it is perceived as advantageous and
disavow it when it confers rights on Respondents. For present purposes, what matters is that the AAG
seems to concede that the APA does govern here.
6
Third, the AAG’s contention that the recordings are the Chair’s personal “property” has no
footing in the law. Ex. A. The word “property” does not appear in Chapter Lot 200. Lot 215.01
allows parties to seek material that is “relevant” irrespective of the party in possession of that
information. And as a practical matter, it is doubtful the Recordings can be for “personal use only”
or “personal … property.” Ex. A. The Recordings were created by the Chair’s assistant at the
direction of the Chair during an official proceeding after obtaining consent from the parties.
Finally, the AAG maintains that “[d]isputes over … whether statements made at pre-
hearing conferences are or should be part of the formal record … are almost unheard of.” Ex. A.
There are several flaws with this argument. For one, the frequency of disputes says little about the
merits of the underlying legal issue. For another, if the AAG is correct that such disputes are
“unheard of,” that cuts both ways: one would think that if such disputes are indeed rare, it is
because typically State representatives do not seek to frustrate access to such recordings.
CONCLUSION
The Presiding Officer should provide Respondents with the Recordings.
Respectfully submitted,
/s/ Zachary R. Hafer
Zachary R. Hafer
ZACHARY R. HAFER
ADAM M. KATZ
COOLEY LLP
500 Boylston Street
Boston, MA 02116
Tel: 617-931-2300
zhafer@cooley.com
akatz@cooley.com
KAITLAND KENNELLY
COOLEY LLP
55 Hudson Yards
New York, NY 10001
Tel : 202-479-6000
kkennelly@cooley.com
7
MARK T. KNIGHTS
NIXON PEABODY LLP
900 Elm Street
Manchester, NH 03101
Tel: 603-345-1144
mknights@nixonpeabody.com
8
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing notice of appearance has or will be served on the New
Hampshire Lottery Investigation and Compliance Division via electronic mail to Mark W.
Dell’Ofano, Assistant Attorney General, New Hampshire Department of Justice, Civil Law
Bureau, 33 Capitol Street, Concord, NH 03301, mark.w.dellorfano@doj.nh.gov.
Date: October 3, 2023 /s/ Zachary R. Hafer
Zachary Hafer
9
Exhibit O
Exhibit P
THE STATE OF NEW HAMPSHIRE
LOTTERY COMMISSION
IN THE MATTER OF:
WIN WIN WIN, LLC, d/b/a “CONCORD CASINO”
(FAC-00074 and GOE-00079)
Docket No. Lot 23-018
MOTION TO POSTPONE HEARING
ZACHARY R. HAFER KAITLAND KENNELLY
ADAM M. KATZ COOLEY LLP
COOLEY LLP 55 Hudson Yards
500 Boylston Street New York, NY 10001
Boston, MA 02116 Tel : 212-479-6643
Tel: 617-931-2300 kkennelly@cooley.com
zhafer@cooley.com
akatz@cooley.com MARK T. KNIGHTS
NIXON PEABODY LLP
900 Elm Street
Manchester, NH 03101
Tel: 603-345-1144
mknights@nixonpeabody.com
Counsel to Win Win Win, LLC d/b/a “Concord Casino” and Anthony M. Sanborn
TABLE OF CONTENTS
Page
INTRODUCTION ......................................................................................................................... 1
STATEMENT OF THE CASE ...................................................................................................... 3
I. Legal Framework ............................................................................................................... 3
II. Factual Background ........................................................................................................... 5
A. NHLC Begins a 15-Month Investigation of Respondents ........................................... 5
B. In March 2023, NHLC Privately Deems Respondents “Unsuitable” .......................... 6
C. Five Months Later, the AG Publicly Announces NHLC Will Seek to Revoke
Respondents’ License and That a Criminal Referral Has Been Made to State
and Federal Authorities ................................................................................................ 7
D. The AG and NHLC Do Not Invoke Emergency Procedures and Inform
Respondents He is Entitled to a Hearing ..................................................................... 7
E. After a 15-Month Investigation, NHLC Gives Respondents 15 Days to
Prepare for a Complex Hearing with Criminal Implications ..................................... 10
F. NHLC Instructs its Counsel to “Oppose any Motion to Continue the Hearing” ....... 10
G. At a Pre-Hearing Conference, NHLC Concedes Respondents Lack Time to
Prepare but Indicates the Hearing Should Go Forward in Part Because the
Presiding Officer is “Leaving on October 16” ........................................................... 11
H. Counsel for Respondents Investigates and Learns that the Suitability Report
Appears to Contain Errors ......................................................................................... 13
I. NHLC Reverses Course, Maintains No Hearing is Necessary, and Disputes
that the AG is Subject to NHLC Regulations or the APA ......................................... 15
J. The Presiding Officer Agrees “Just Cause Has Been Shown” for an Extension,
but Refuses to Extend the Hearing Past Her Planned October 16 Departure ............ 16
ARGUMENT ............................................................................................................................... 18
I. Respondents are Entitled to an Extension Under Lot 208.02 .......................................... 19
II. Respondents are Entitled to an Extension Under Lot 214.01 .......................................... 22
III. Respondents are Entitled to an Extension as a Matter of Due Process ............................ 23
CONCLUSION ............................................................................................................................ 24
i
INTRODUCTION
On August 31, 2023, after a 15-month investigation, the New Hampshire Attorney General
(“AG”) issued a press release announcing that the AG and New Hampshire Lottery Commission
(“NHLC”) had made a preliminary finding that Win Win Win, LLC d/b/a “Concord Casino” (“Win
Win Win”) and Anthony M. Sanborn (“Respondents”) are not suitable to be associated with
charitable gaming in New Hampshire. In that announcement, the AG made clear that the AG and
NHLC “must keep in mind that [their] duties to protect and achieve justice for the public also
include affording license holders a full measure of fairness and meaningful due process of law.”
A “full measure of fairness and meaningful due process of law” means—at minimum—
sufficient time to prepare a defense. That is all Respondents ask for: enough time to defend against
serious charges that, if proven, imperil Respondents’ livelihood, reputation, and liberty. As it
stands, the charges have already vilified Respondents to the public and harmed their personal and
professional reputations.1 And due process in this proceeding is especially critical given the AG’s
public announcement that it had “made a criminal referral to the United States Attorney’s Office”
and that its Criminal Justice Bureau had “opened a criminal investigation, including a review by
the Public Integrity Unit of the actions of all of the individuals and entities involved.”
The facts underlying this motion are unusually one-sided. Respondents seek just two
months to mount a defense to an investigation conducted over the course of 15 months. As
Respondents have repeatedly informed NHLC and its counsel, and neither NHLC nor its counsel
have disputed, there are numerous reasons Respondents cannot be ready to defend themselves by
1
See, e.g., Josh Rogers, Alleging COVID Relief Fraud, NH Regulators Say Andy Sanborn is Unfit to Run a Casino,
N.H. Public Radio (Aug. 31, 2023), https://tinyurl.com/42xtfu3b; Sruthi Gopalakrishnan & Jamie L. Costa, A Look
Inside The Shifting Business Dealings of NH Casino Operator Accused of Misusing COVID Loan, Valley News (Sept.
5, 2023), https://tinyurl.com/nrbf93ab; Sruti Gopalakrishnan, NH Attorney General: Concord Casino Owner Andy
Sanborn Fraudulently Used COVID Loan to Support Lavish Lifestyle, Manchester Ink Link (Aug. 31, 2023),
https://tinyurl.com/4dd399rs; Annmarie Timmins, AG: Former State Senator Used Pandemic Aid to Enrich Himself,
Buy Wife Ferrari, New Hampshire Bulletin (Sept. 1, 2023), https://tinyurl.com/3bkwc6rt.
1
October 13, 2023. Those reasons include: (i) Respondents have yet to receive NHLC’s responses
to Respondents’ discovery requests; (ii) Respondents are still digesting thousands of pages of
evidence; (iii) Respondents have retained a forensic accountant to analyze the financial
transactions at issue—as NHLC itself stated would be necessary to substantiate its findings—and
that analysis will not be ready for six more weeks, (iv) Respondents do not know—because the
Presiding Officer has not decided—the burden of proof that will govern the hearing; and (v)
Respondent Mr. Sanborn is ill, is receiving ongoing treatment, and both his illness and treatment
impede his ability to participate in interviews and other preparation. Against this constellation of
factors, a modest extension is the only reasonable and just option.
For reasons that remain unclear, NHLC has insisted that this hearing proceed at breakneck
pace, no matter how unfair to Respondents or unfaithful to basic principles of due process. NHLC
allotted Respondents the statutory minimum time to prepare, in a complex case that will involve
reconstructing months of financial transactions—after NHLC failed to follow its own advice to
await a forensic analysis of any kind. NHLC instructed its counsel “to oppose any motion to
continue the hearing,” full stop. NHLC has not, after multiple pre-hearing calls and conferences,
identified any emergency to justify charging ahead with this hearing. Indeed, NHLC is vested
with specific statutory tools to expedite hearings in the face of an “emergency,” but did not avail
itself of those tools or satisfy the preconditions to invoke them. RSA 541-A:30, III.
NHLC has refused to reconsider its position, even after Respondents raised concerns about
the thoroughness of the AG’s and NHLC’s investigations, including the fact that no witnesses were
interviewed and no forensic analysis was ever conducted. Nor has NHLC responded to evidence
adduced by Respondents that the AG and NHLC may have misapprehended key facts in reaching
their preliminary suitability findings. And even after the Presiding Officer found that there was
2
“just cause” to postpone from the original date of October 3, 2023, she moved the hearing just 10
days. The Presiding Officer has indicated that the timing of the rescheduled hearing was driven,
at least in part, by an apparent personal commitment that involves the Chair traveling outside New
Hampshire starting on October 16, 2023.
To any third-party observer, NHLC’s inexplicably dogged efforts to give Respondents as
little time as possible look less like the State’s vindication of the public interest and more like the
State’s vindictiveness toward one of its citizens. Just as Respondents have an interest in a hearing
that is fair, so too should NHLC have an interest in conducting a process that will survive appeal
and assure citizens that State officials do not elevate expediency over the “full measure of fairness
and meaningful due process” that all agree the law requires. Pursuant to Lot 208.02, 209.01, and
214.01, Respondents request that the hearing be postponed until December 3, 2023.
STATEMENT OF THE CASE
I. Legal Framework
Chapter 287-D of the New Hampshire Statutes governs “Games of Chance.” RSA 287-
D:1, et seq. RSA 287-D:11 instructs the AG and NHLC to, every five years, “conduct an
investigation” of persons holding a gaming license and determine whether that licensee is “suitable
to be associated with charitable gaming in New Hampshire.” RSA 287-D:11, II, III(a). If the AG
and NHLC “determine” that the “person is not suitable, the person shall not … continue to hold a
license.” RSA 287-D:11, III(a).
RSA 287-D:11 does not, however, authorize or address a mechanism to suspend, revoke,
or otherwise modify a gaming license. Authorization to penalize a licensee is set forth in RSA
287-D:23, entitled “Penalties.” Under that section, the “lottery commission may suspend or revoke
the license of any licensee who [a] violates any provision of [Chapter 287-D] or [b] for just cause
shown.” RSA 287 D:23, III. As to procedure, the New Hampshire Administrative Procedure Act
3
(“APA”) sets the minimum process owed to licensees. See RSA 541-A:1, et seq. Pursuant to RSA
541-A:30, agencies have two options for modifying a license. First, if an “agency finds that public
health, safety or welfare requires emergency action and incorporates a finding to that effect in its
order, immediate suspension of a license may be ordered pending an adjudicative proceeding,”
which is to commence within “10 working days.” RSA 541-A:30, III. Second, if the agency does
not make specific findings as to the need for emergency action, “[a]n agency shall not revoke,
suspend, modify, annul, withdraw, or amend a license unless the agency first gives notice to the
licensee of the facts or conduct upon which the agency intends to base its action, and gives the
license an opportunity” to defend itself at an “adjudicative proceeding.” RSA 541-A:30, II.
The APA sets a floor, not a ceiling, for procedural protections owed to regulated actors.
Under the APA, agencies are free to ratchet up their own procedural safeguards. Specifically, the
APA provides that “each agency shall … [a]dopt” agency-specific “rules of practice setting forth
the nature and requirement of all formal and informal procedures available,” which shall address
matters such as “[c]ontinuances” and the “[b]urden of proof.” RSA 541-A:16, 541-A:30-a, III(d).
Per that statutory directive, NHLC adopted NHLC-specific procedures, which are set out primarily
in Chapter Lot 200 and, secondarily, in Chapter Lot 7200.
NHLC’s regulations apply to all “hearings before [NHLC] affecting the rights or privileges
of any person or organization.” Lot 201.01; Lot 7201.01 (“The purpose of this chapter is to
establish requirements for games of chance.”). The NHLC regulations cover every aspect of the
proceedings, from pre-hearing, to hearing, through post-hearing appeal. The regulations dictate,
inter alia, that proceedings are to be overseen by a “presiding officer”; that requests to postpone a
hearing “shall be granted” upon a showing of “good cause”; that parties are entitled to seek and
“compel” discovery; that any party “asserting a proposition shall bear the burden of proving the
4
truth of the proposition by a preponderance of the evidence”; that any party to a hearing may
introduce exhibits, call and cross-examine witnesses, and make opening and closing statements;
and that a presiding officer “shall … withdraw” to “avoid the appearance of impropriety or lack of
impartiality.” Lot 206.02, 206.03, 214.01, 215.01, 215.02, 216.02, 216.04, 216.06. The NHLC
regulations also enumerate a list of bases upon which NHLC can demonstrate just cause to revoke
a gaming license under RSA 287-D:23. Lot 7209.03.
II. Factual Background
A. NHLC Begins a 15-Month Investigation of Respondents
On May 1, 2022, NHLC commenced a three-month audit of Respondents. Ex. A at 151.
The audit stated that Respondents had received $844,000 in funds under the Economic Injury
Disaster Loans (“EIDL”) program during the COVID-19 pandemic and raised concerns both
regarding Respondents’ eligibility for such funds and “suspicious” expenditures that the auditors
hypothesized could “potential[ly]” constitute evidence that Respondents “misuse[d] … EIDL
funds.” Id. at 154.2
NHLC formalized its concerns in an October 3, 2022 letter. Id. at 65. In the letter, NHLC
repeated that the “audit team uncovered activity that is suspicious and may constitute fraud or
potentially criminal behavior.” Id. The letter expressed concern that Respondents’ business had
a “negative cash flow from operations … over the past two years” and that, days before receiving
the first installment of EIDL funds on January 4, 2022, Respondents’ “operating account held a
total of $917.56.” Id. at 66. In its conclusion, the letter noted that while a full-scale “investigation
of potential fraudulent or illegal activity is outside the scope of [NHLC’s] jurisdiction and the
2
The Small Business Administration administers the “Economic Injury Disaster Loans program, which offers long-
term financial assistance to eligible entities – including small businesses, sole proprietorships, and independent
contractors – affected by covered disasters such as COVID-19.” WP Company, LLC v. U.S. S.B.A., 502 F. Supp. 3d
1, 8 (D.D.C. 2020).
5
powers provided to us under the gaming statute,” the “potential” misconduct identified “may have
an impact on the suitability of the company to continue gaming operations.” Id. at 68.
B. In March 2023, NHLC Privately Deems Respondents “Unsuitable”
Six months later, NHLC issued a nonpublic Suitability Report. Id. at 1. In addition to
restating the findings of the 2022 audit regarding EIDL funds, the Suitability Report dredged up
other unrelated grievances against Respondents: that Mr. Sanborn’s spouse “has been the subject
of two administrative actions for hosting an unlicensed bingo,” that “[p]ress reports” in 2009
“accused Sanborn of shutting down” a non-gaming business “with the intent to defraud his
suppliers,” that Mr. Sanborn and his spouse have been the subject of “tax liens” that are now
“resolved,” and that a 2018 ethics probe conducted while Mr. Sanborn was a State Senator found
that Mr. Sanborn made an “inappropriate” comment. Id. at 2–5.3 Many of these pile-on grievances
predated and were well-known to NHLC at the time of Respondents’ licensure.
The Suitability Report principally concluded that, if true, the “misuse of an $844,000 EIDL
loan” would render Respondents “unsuitable to be engaged in gaming.” Id. at 6. At the same time,
NHLC acknowledged the limited investigative tools at its disposal:
As noted at the outset, this investigation has largely been limited to review of
existing agency records and public source documents. We would encourage the
Department of Justice to conduct further investigation of the issues highlighted in
the report. Specifically, we would suggest that the Department review its own files
with respect to Mr. Sanborn’s ethics investigation to provide additional insight on
the licensee’s character. More importantly, we would suggest that the [New
Hampshire] Department of Justice conduct a financial forensic investigation of
Concord Casino’s application for and use of EIDL funds or refer the matter to the
appropriate federal law enforcement agency.
3
The Suitability Report concedes that NHLC “made a request” to review “the file” of an “investigation … conducted
by the New Hampshire Department of Justice” regarding a comment made by Mr. Sanborn to an employee in 2013,
but this request “was not granted.” Ex. A at 5. Denied a chance to dig through the decade-old file, NHLC downplays
the actual result of the investigation: “there is no evidence here that any criminal acts were committed.” Id. at 246.
6
Id. at 7 (emphasis added). Despite explicitly recognizing that doing so would be “important[],”
neither NHLC nor the AG ever conducted a forensic analysis. Id.
In closing, the Suitability Report noted that, “[t]o the extent the Department of Justice
agrees” that Mr. Sanborn “be found not suitable,” “we look forward to discussing the
administrative actions that may be taken.” Id. The Suitability Report does not make any finding
that Mr. Sanborn continuing to hold a license constitutes an “emergency,” a threat to the safety or
well-being of the public, or otherwise necessitates urgent action. Id. at 1–7.
C. Five Months Later, the AG Publicly Announces NHLC Will Seek to Revoke
Respondents’ License and That a Criminal Referral Has Been Made to State
and Federal Authorities
On August 31, 2023—five months after the Suitability Report and 15 months into the
investigation of Respondents—the AG issued a press release publicly accusing Mr. Sanborn of
“fraud” and “enrich[ing]” himself, announcing that the AG had deemed Respondents “not suitable
to be associated with charitable gaming in New Hampshire,” and expressly confirming that the
AG had “opened a criminal investigation” and had also “made a criminal referral to the United
States Attorney’s Office – District of New Hampshire.”4
D. The AG and NHLC Do Not Invoke Emergency Procedures and Inform
Respondents He is Entitled to a Hearing
In an August 30, 2023 letter—which was first disclosed to the public as an attachment to
the AG’s August 31, 2023 press release—the AG instructed NHLC to commence “appropriate
administrative proceedings in accordance with RSA 541-A:30, II, to revoke” Respondents’ license
“on the grounds that [NHLC] and the [AG] have each made a preliminary determination” that
Respondents are not “suitable to be associated with charitable gaming in New Hampshire.” Ex. B
4
Press Release, Attorney General Finds Concord Casino Owner Not Suitable to be Associated with Charitable
Gaming in New Hampshire (Aug. 31, 2023), https://tinyurl.com/32eewcf8.
7
at 2. As noted above, RSA 541-A:30, II governs non-emergency license proceedings and prohibits
“[a]n agency” from “revok[ing]” or taking other action on “a license” until after an “adjudicative
proceeding.” RSA 541-A:30, II. The AG’s August 30, 2023 letter concluded by underscoring the
importance of comporting with principles of due process:
[W]e must keep in mind that our duties to protect and achieve justice for the public
also include affording license holders a full measure of fairness and meaningful due
process of law.
Ex. B at 3.
Acting on the AG’s direction, NHLC sent a letter to Mr. Sanborn on August 31, 2023
informing him—for the first time—that “the New Hampshire Lottery Commission … and the
Attorney General have determined that [he is not] suitable to be associated with charitable gaming
in New Hampshire.” Ex. C at 1. NHLC explained that it was initiating proceedings pursuant to
its authority under “RSA 287-D:23,” id. at 2, which, as noted above, states that NHLC “may
suspend or revoke the license of any licensee who violates any provision of this chapter or for just
cause shown,” RSA 287-D:23, III. Reinforcing the process conveyed by the AG a day earlier,
NHLC added that, “[i]n accordance with RSA 541-A:30, II, … the Licensee may request a
hearing” to address “compliance with all lawful requirements” and whether there is “just cause”
to revoke his license. Ex. C at 2.
NHLC’s August 31, 2023 letter enclosed “Proposed Findings of Fact and Conclusions of
Law” (“Proposed Findings”). Ex. D at 1. The Proposed Findings make five categories of charges:
Alleged Conduct Relevant Law
1 Mr. Sanborn used “false and fraudulent pretenses, RSA 287-D:11, III(a)
representations, and promises to obtain $844,000 in EIDL
Lot 7204.03
funding.” Ex. D at 7.
Lot 7209.03
2 Mr. Sanborn misused the EIDL funding. Id. at 8–12. RSA 287-D:11, III(a)
8
3 Mr. Sanborn “failed to supply information and documentation RSA 287-D:11, III(a)
demonstrating by clear and convincing evidence the Licensee’s
Lot 7204.02(a)(3)35
financial stability.” Id. at 12.
Lot 7209.03
4 Mr. Sanborn made “false statements or … false entries in … Lot 7209.03(a)(5)6
books or records with respect to any transaction connected with
the holding, operating, and conducting of any games of chance
event.” Id. at 12–13.
5 Mr. Sanborn engaged in “conduct that undermines the public’s Lot 7209.03(a)(10)7
confidence in charitable gaming.” Id. at 13.
Categories 3–5 above are not mentioned in the Suitability Report, the AG’s August 30, 2023 letter,
or NHLC’s August 31, 2023 letter.
The Proposed Findings allege—10 separate times—that the factual assertions underlying
the AG and NHLC suitability determinations provide “just cause … for the revocation.” Id. at 7,
8, 9, 10, 11, 12. For example:
The Commission concludes that the Licensee and Mr. Sanborn used or employed
false and fraudulent pretenses, representations, and promises to obtain $844,000 in
EIDL funding from the Small Business Administration. Accordingly, per RSA
287-D:11, III(a), the Commission concludes that, as a matter of law, neither the
Licensee nor Mr. Sanborn is suitable to be associated with charitable gaming in
New Hampshire and, thereby, just cause exists for the revocation.
Id. at 7 (emphases added). That is, NHLC maintained that its factual assertions backstop the
suitability determination and the suitability determination in turn backstops “just cause.”
5
The Proposed Finding’s reference to Lot 7204.02(a)(3)3 appears to be a typo. That provision does not mention
financial stability. The correct provision is Lot 7204.02(a)(3)2, which governs “[i]nformation and documentation
demonstrating by clear and convincing evidence the applicant’s financial stability.”
6
The Proposed Findings do not cite to any statutory or regulatory authority for this charge, but appear to have in mind
Lot 7209.03(a)(5), which provides that the following is grounds for revocation: “Providing false information to the
commission, including willfully and knowingly making false statements or making false entries in any books or
records with respect to any transaction connected with the holding, operating, and conducting of any games of chance
event.”
7
The Proposed Findings do not cite to any statutory or regulatory authority for this charge, but appear to have in mind
Lot 7209.03(a)(10), which provides that the following is grounds for revocation: “Any conduct by the licensee that
undermines the public confidence in charitable gaming or serves the interest of organized gambling or crime and
criminals in any manner.”
9
E. After a 15-Month Investigation, NHLC Gives Respondents 15 Days to Prepare
for a Complex Hearing with Criminal Implications
Following the letters issued by the AG and NHLC on August 30 and 31, 2023, Mr. Sanborn
retained undersigned counsel and timely requested a hearing. On September 18, 2023, NHLC sent
a letter to Mr. Sanborn informing him that a hearing was scheduled for October 3, 2023—15 days
later. Ex. E at 1 (“Hearing Notice”). 15 days is, by law, the minimum notice NHLC could have
given Mr. Sanborn to prepare his defense. Lot 207.04(a). The Hearing Notice confirmed that the
hearing was commenced “in accordance with RSA 541-A:30, II” and that RSA 541-A:30 and the
NHLC regulations in “Lot 200” governed. Ex. E at 2–3. The Hearing Notice also disclosed that
the hearing would be presided over by NHLC Chair Debra M. Douglas, who heads the agency that
had already found Mr. Sanborn unsuitable. Id. at 4. The Hearing Notice does not describe the
hearing as a “show cause” hearing or otherwise state that Mr. Sanborn would need to prove his
own innocence. Id.; see Lot 210.03(a) (hearing notices must state the “nature of any hearing”).
On September 20, 2023, NHLC’s counsel informed undersigned counsel that a pre-hearing
conference would be held 48 hours later. Ex. F. The Notice of Pre-Hearing Conference (“Pre-
Hearing Notice”) ordered Mr. Sanborn’s counsel to arrive ready to discuss eight separate issues,
including “settlement,” “[w]itnesses expected to be called at the hearing,” “[e]xhibits expected to
be presented at the hearing,” and the “burden and standard of proof.” Ex. G at 2.
F. NHLC Instructs its Counsel to “Oppose any Motion to Continue the Hearing”
Upon receiving the Hearing Notice, undersigned counsel immediately contacted NHLC
Chief Compliance Officer John Conforti and NHLC’s counsel, Assistant Attorney General Mark
Dell’Orfano (the “AAG”), to request a 60-day extension on the grounds that it would be impossible
for Respondents to prepare a defense by October 3, 2023. Undersigned explained that the
allegations implicated complex financial transactions, that counsel was just getting up to speed on
10
the facts, that Respondents had not had an opportunity to request discovery or to exercise his other
procedural rights under the regulations, and that, 15 days to prepare a defense to a 15-month
investigation fell far short of a hearing that “afford[ed] license holders a full measure of fairness
and meaningful due process of law.” Ex. B at 3. Moreover, the fact that the AG had publicly
announced an open criminal investigation into Mr. Sanborn and a criminal referral to federal
authorities on the same issues, made preparation and the ability for Mr. Sanborn to assist in his
own defense before NHLC even more complex and challenging.
The AAG did not dispute that the timeline was impractical and agreed to confer with
NHLC. But on September 21, 2023—less than 24 hours before the pre-hearing conference—the
AAG informed undersigned that NHLC would “not assent to” any extension and that the AAG
had “been instructed [by NHLC] to oppose any motion to continue the hearing.” Ex. H (emphasis
added). The AAG did not explain why NHLC was categorically opposing an extension.
G. At a Pre-Hearing Conference, NHLC Concedes Respondents Lack Time to
Prepare but Indicates the Hearing Should Go Forward in Part Because the
Presiding Officer is “Leaving on October 16”
On September 22, 2023, undersigned counsel appeared before NHLC for the pre-hearing
conference. At the conference, Respondents explained that they could not meaningfully prepare
in the time allotted for several interlocking reasons, including: Respondents had not yet had an
opportunity to seek discovery from NHLC and the AG; preliminary evidence indicated that
Respondents’ EIDL funds application was prepared by a third-party and it appeared that neither
NHLC nor the AG had talked to that party (or any witness, for that matter) during the investigation;
undersigned could not, given multiple acknowledged criminal investigations, allow Mr. Sanborn
to testify on his own behalf in the NHLC proceeding before knowing the relevant facts; Mr.
Sanborn suffers from several serious illnesses such that an aggressive preparation schedule would
cause significant and needless physical discomfort to Mr. Sanborn; the only way to determine the
11
validity of NHLC’s charges regarding the misuse of EIDL funds would be to retain a forensic
accountant; and, finally, neither NHLC nor the AG had provided Respondents with copies of the
audits or Suitability Report upon which it had premised the enforcement action.
In response, the AAG—who represented NHLC at the hearing—stated, “I’m not going to
contest that they need time.”8 The AAG maintained, however, that an expeditious hearing was
needed because RSA 287-D:11 prohibits the issuance of a new gaming license to an individual
who has been found unsuitable and Respondents’ license was up for renewal on January 1, 2024.
Undersigned pointed out that a 60-day extension would result in a hearing on December 3, 2023,
which would allow ample time to revoke the license before 2024 if the evidence supported that
outcome. The AAG did not respond. The Presiding Officer, NHLC Chair Douglas, then stepped
in. Chair Douglas said, “I understand where you’re coming from,” but that, “I don’t care where I
am, people are coming up to me all the time and it’s damaging our brand.” Respondents asked the
Chair to clarify who was “coming up to [her]” and what exactly was the “damage” being done to
the “brand,” but the AAG interrupted, asking the Chair to “be careful with that” and preventing
her from answering. Instead, the Chair stated that, in her view, NHLC—the body she chairs—had
“shown unsuitability.” When undersigned asked for clarification as to whether the Chair had
already made up her mind on the case, the AAG interrupted again to prevent an answer.
Respondents emphasized that they were prepared to move as quickly as possible, but the
October 3, 2023 date was objectively unreasonable from both a procedural and substantive
perspective. As to procedure, undersigned explained that an October 3, 2023 hearing would not
allow Respondents time to seek discovery and make pre-hearing motions—rights to which they
8
All descriptions and quotations of the pre-hearing conferences held on September 22 and September 27, 2023, are
derived from undersigned counsel’s notes because the AAG has opposed Respondents’ request to obtain the
recordings. Respondents have separately filed a motion to obtain these recordings, which remains pending.
12
are entitled under the regulations. Lot 215.01, Lot 215.02, Lot 209.01. The AAG responded that
the regulations “aren’t really written well for adverse suitability determinations,” but did not
elaborate. As to substance, undersigned explained that even if NHLC and the AG had already
provided all of the relevant materials (they had not), and even if undersigned could review and
digest those materials instantaneously (which cannot be done), an October 3, 2023 hearing date
would be too soon to, inter alia, allow the forensic accountant to finish an analysis or to locate and
interview third parties such as Respondents’ accountants and the consultant that helped prepare
Respondents’ EIDL application. At this juncture, Chair Douglas inquired how long it would take
to accomplish these tasks, noting that the Chair was “leaving on October 16.” Before Respondents
could answer, the AAG interrupted to instruct Chair Douglas to take the matter under advisement
and set a new date to discuss the duration of an extension. The conference was then adjourned to
September 27, 2023. Ex. I.
Following the September 22 conference, the AAG handed undersigned a thumb drive
containing the Suitability Report and underlying audits—the first time NHLC or the AG released
the Report to Respondents. After providing these materials, the AAG attempted to dissuade
undersigned from vigorously representing Respondents before NHLC, repeatedly stating that there
were “bigger fights coming” and that NHLC’s case was “airtight.” Among other things, the AAG
repeated the Suitability Report’s finding that Respondents only had access to “$917.56” in
operating funding at the time they first received EIDL funds.
H. Counsel for Respondents Investigates and Learns that the Suitability Report
Appears to Contain Errors
Five days elapsed between the initial pre-hearing conference on Friday, September 22 and
the adjourned conference on Wednesday, September 27. With the understanding that the purpose
of the September 27 conference was (a) for Chair Douglas to state how long of a postponement
13
she would grant to allow Respondents to prepare their defense, and (b) for Respondents to update
NHLC on its investigation of the facts, undersigned worked through the weekend to make progress
on the case. Between September 22 and September 27, undersigned preliminarily reviewed over
2,000 pages of documents that had been provided voluntarily by Mr. Sanborn to NHLC during its
investigation, read the 260-page Suitability Report, located and had a preliminary discussion with
the third-party consultant that prepared Mr. Sanborn’s EIDL application, drafted and served a
discovery letter requesting basic information from NHLC and the AG, provided a significant
tranche of documents to a team of forensic accountants, and had a preliminary meeting with the
forensic accountants.
During that preliminary meeting, the forensic accountants noted—with the caveat that their
review was ongoing—several potential over-simplifications and inaccuracies in the Suitability
Report. First, the Suitability Report states that “the operating account” for Win Win Win “held a
total of $917.56 before receiving the first installment of [EIDL funds] on January 4, 2022,” and
that the account with “$917.56” that received the EIDL funds ended in “7064.” Ex. A at 66, 99.
But it appeared to the forensic accountants that the $917.56 balance and EIDL funds related to an
accountant ending in 3544. More importantly, it appeared to the forensic accountants that, at the
time the EIDL funds came in, Win Win Win had access to around $150,000 in operating funds.
Second, the Suitability Report refers to Win Win Win having a “negative cash flow … over the
past two years” as reason to be concerned. Id. at 66. But it appeared to the forensic accountants
that while Win Win Win incurred a loss in 2022, Win Win Win had netted approximately $160,000
in profits in 2021 and Mr. Sanborn had not taken any draw on those funds in 2021.
Nevertheless, a great deal of work still needed to get done before the forensic accountants
could complete their analysis. The forensic accountants explained that they would need six more
14
weeks for their work, which would include walking line-by-line through the documents and the
ledgers—indeed, as NHLC had observed earlier, allegations based upon financial transactions
should be proven, if at all, through a forensic analysis. Ex. A at 4. Further, NHLC and the AG
would need time to respond to Respondents’ discovery requests and Respondents would, in turn,
need time to assess those responses and determine if follow-on discovery was needed. Additional
interviews of third parties would be required to gauge the utility and availability of witnesses. And
Respondents would need time to either assemble a case in a coherent manner or decide to pursue
a negotiated settlement with NHLC.
I. NHLC Reverses Course, Maintains No Hearing is Necessary, and Disputes
that the AG is Subject to NHLC Regulations or the APA
Less than two hours before the start of the September 27 conference, the AAG sent
Respondents—without prior warning—a proposed order doubling down on the October 3, 2023
hearing date and stating, for the first time, that Respondents would bear the burden to prove their
own innocence because “RSA 541-A” does not in fact require any “adjudicative proceeding …
before revoking the Respondent’s licenses.” Ex. J at 2 (“Proposed Order”). The AAG sent his
“apologies for not getting this [order] to [undersigned] sooner.” Ex. K. Because undersigned was
in transit to the conference by the time the AAG circulated the Proposed Order, the first chance to
meaningfully review the Proposed Order came at the start of the conference itself.
The AAG preceded the September 27 hearing by saying, “let’s get this over with.” Despite
having taken the adjournment from the September 22 hearing for the ostensible purpose of
considering an extension, Chair Douglas did not issue any ruling on an extension on September
27—this cost Respondents a week to prepare emergency briefing for a temporary restraining order
in Superior Court, if needed. Worse, when confronted with the plain language of RSA 541-A:30,
II, RSA 287-D:23, and Lot 216.02—which require a hearing before revoking a license, require a
15
showing of “just cause” or a “violation” before a revocation, and set a preponderance burden for
proving any proposition—the AAG stated that the AG is not bound by NHLC regulations or the
APA at all. When asked to cite any authority to substantiate that position, the AAG provided
none. When asked to cite authority to substantiate the position that the hearing is a “show cause”
hearing wherein Mr. Sanborn must surmount guilt-until-proven-innocence by a “clear and
convincing” standard, the AAG provided none. When asked for evidence that the words “show
cause” or “clear and convincing” appear anywhere in the statutes or regulations or case law, the
AAG provided none. When asked for an explanation why—if this was an emergency—NHLC
had not invoked its emergency statutory protocols, the AAG provided none. And when asked to
reconcile the Proposed Order’s wholesale disavowal of process with NHLC and the AG repeatedly
advising Respondents that they are entitled to a hearing, the AAG advised that the AG was being
“gracious” in holding a hearing.
At the close of the hearing, Respondents renewed their request for an extension and the
Chair agreed to take the matter under advisement.
J. The Presiding Officer Agrees “Just Cause Has Been Shown” for an Extension,
but Refuses to Extend the Hearing Past Her Planned October 16 Departure
The next day, the Presiding Officer issued a Pre-Hearing Order holding that “just cause has
been shown to allow the Licensees’ attorneys additional time to prepare.” Ex. L at 1. However,
the Pre-Hearing Order refused even to provide enough time for the forensic accountants retained
by Respondents to complete their analysis—an analysis that NHLC acknowledged over six months
ago should have been completed but never was, Ex. A at 4. Instead, the Presiding Officer moved
the hearing just 10 days to October 13, 2023. Ex. L at 1. October 13 is the Friday before October
16, the first day the Presiding Officer is (presumably) “leaving” New Hampshire for a trip.
16
In explaining why a “two-month extension” was not “reasonable,” the Presiding Officer
offered the following two-sentence rationale:
The Commission does not agree that the two-month extension requested is
reasonable in light of the fact that the Licensee has been on notice of the findings
of suitability since August 31, 2023, that the Licensee has the documents that were
used to determine suitability, and that only three months remain on the license at
issue in the matter. Accordingly, the Commission finds that a ten-day continuance
balances the need of the Licensee to prepare with the Investigation and Compliance
Division’s interest in a speedy resolution of this matter.
Id. at 1. This abbreviated explanation did not address any of the following:
The fact that when NHLC and the AG publicized the charges against Mr. Sanborn on
August 31, 2023, Mr. Sanborn did not immediately gain access to the underlying evidence
or otherwise know that NHLC would attempt to short-change his ability to prepare.
The fact that Mr. Sanborn was not notified that he would have the statutory minimum 15
days to prepare for a hearing until September 18, 2023.
The fact that Mr. Sanborn did not receive the Suitability Report and other materials from
NHLC until September 22, 2023.
Mr. Sanborn’s serious health conditions.
NHLC’s failure to respond to any of Mr. Sanborn’s discovery requests.
The fact that an October 13, 2023 hearing would deprive Mr. Sanborn of the opportunity
to testify in his own defense, given the inability to fully digest the facts that quickly and
the backdrop of two criminal investigations.
The fact that an October 13, 2023 hearing would prevent the forensic accountants from
completing work that NHLC itself has admitted should be done.
The fact that the forensic accounting team had already identified potential, and material,
inaccuracies in NHLC’s Suitability Report.
The fact that Mr. Sanborn will not know whether he has access to all of NHLC’s and the
AG’s evidence until NHLC has responded to his discovery requests.
The fact that Mr. Sanborn gaining access to NHLC’s and the AG’s evidence is only half of
the equation. NHLC and the AG both claim to have evidence of unsuitability. But Mr.
Sanborn needs time to develop his own evidence of suitability in order to defend himself,
such as, at minimum, a forensic analysis, interviews with third-parties, and discovery.
17
The stark imbalance between allowing two government agencies 15 months to investigate
Mr. Sanborn and allowing Mr. Sanborn a single month to prepare his defense.
The fact that NHLC has a legal duty to commence emergency revocation proceedings if a
licensee’s conduct “poses an immediate danger to the public,” Lot 7209.04 (citing RSA
541-A:30, III), but elected to take action on a non-emergency basis.
And the only justification for NHLC’s “interest in a speedy resolution”—that “only three months
remain on the license at issue”—made no sense. Ex. L at 1. If Mr. Sanborn does not pose an
urgent threat to the public—and there has been no finding whatsoever to that effect—then the only
question is how to time the proceedings so that the suitability question can be “resolv[ed] …
fairly.” Lot 214.01(b). NHLC could simply wait until 2024 and then not renew Mr. Sanborn’s
license if the preliminary suitability finding remains in place—the Pre-Hearing Order did not, and
could not, explain how this amounts to an emergency.
Finally, the Pre-Hearing Order conflated two distinct bases for postponement—Lot 214.01
and Lot 208.02. The Presiding Officer found that a “ten-day continuance balances” the interests
of Mr. Sanborn and NHLC, Ex. L at 1 (emphasis added), but while Lot 208.02 calls for interest-
balancing, Lot 214.01 does not. Under Lot 214.01, if a movant shows “good cause,” then a
“postponement … shall be granted.” Lot 214.01(b) (emphasis added). As the Pre-Hearing Order
acknowledges, “just cause has been shown” based on Respondents’ need for “time to prepare for
the hearing,” Ex. L at 1, Respondents need until December 3, 2023 to adequately prepare for the
hearing (no party has disputed this), and that should have ended the analysis.
ARGUMENT
The Presiding Officer “shall … advance or postpone the time set for any oral hearing if”
(a) the request is made “at least 4 business days preceding the event in question,” and (b) there is
a “finding of diligence and hardship to the complainant making the request which outweighs any
hardship likely to be suffered by any other party to the proceeding.” Lot 208.02. Separately, “[i]f
18
a postponement is requested by any party to the hearing, it shall be granted if the presiding officer
determines that good cause has been demonstrated.” Lot 214.01(b). Good cause “shall include
the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood
that a hearing will not be necessary because the parties have reached a settlement, or any other
circumstances that demonstrate that a postponement would assist in resolving the case fairly.” Id.
The Supreme Court of New Hampshire teaches that “[a]n agency, like a trial court, must follow
fair procedures and provide due process,” which includes the “opportunity to present one’s case
… in a fair manner.” Appeal of Morin, 140 N.H. 515, 518 (1995). NHLC regulations and due
process principles require an extension.
I. Respondents are Entitled to an Extension Under Lot 208.02
Start with Lot 208.02. The Chair and NHLC have not disputed—nor could they—that
Respondents have been “diligen[t]” in preparing for this hearing. Lot 208.02. In just the last few
weeks, Respondents and their counsel have reviewed thousands of pages of documents, retained a
forensic accountant, read Chapter 541-A, Chapter 287-D, Lot 200, and Lot 7200 cover-to-cover,
begun to interview witnesses, prepared and served a discovery letter, and appeared for multiple in-
person conferences. And neither the Chair nor NHLC have contested that Respondents will suffer
a “hardship” because it is impossible for them—or, frankly, anyone—to prepare a meaningful
defense to a 15-month investigation in a few weeks. Id. To repeat, Respondents:
do not have a final report from the forensic accountants;
are still digesting, analyzing, and collecting documents;
have not received any discovery from NHLC;
still need to interview third-parties to develop facts and assess witnesses;
19
cannot decide how to present a defense without a ruling on the burden of proof9;
did not even receive the Suitability Report until September 22, 2023;
have serious health concerns that would make cramming hearing-preparation into a few
weeks both impracticable and inhumane;
And zooming out, the “hardship” here is especially acute, given the backdrop of two parallel
criminal investigations and the fact that NHLC inexplicably shirked its own conclusion that the
charges here must be substantiated, if at all, with a forensic accounting.10
For its part, NHLC has yet to identify any colorable hardship. First, that Respondents’
license will expire on January 1, 2024, if anything, cuts against the need for NHLC to rush this
process. It is nonsensical for a party to march into a tribunal, identify no imminent threat, and then
demand that a hearing move ahead with minimal process on the grounds that, if the tribunal simply
does nothing, the party requesting a hearing will “win” anyway.
Second, the Chair’s travel plans should not factor into a hearing that could deprive
Mr. Sanborn of his livelihood, trash his reputation, and imperil his liberty. The Chair’s
9
As noted, the AAG’s position is that not only is the burden of proof on Respondents, but that Respondents are not
entitled to any hearing. That is the opposite of what NHLC’s website states:
What is the burden of proof that the Lottery Commission has to meet to find the allegation true?
The burden of proof for administrative hearings is preponderance of the evidence. This means that
the Lottery Commission must demonstrate through the totality of admissible evidence that the
allegation is more probable than not to be true or to have occurred.”
NHLC, Administrative Action and Hearings Process at 2 (last visited Oct. 4, 2023), https://tinyurl.com/29ac23a8; see
also, e.g., Lot 216.04(a) (“Receipt of evidence shall be governed by the provisions of RSA 541-A:33.”); RSA 541-
A:33, V(a) (“Official notice may be taken of … [a]ny fact which could be judicially noticed in the courts of this
state.”); N.H. Rule of Evidence 201 (explaining that a “court may take judicial notice” of facts “capable of accurate
and ready determination by resort to sources whose accuracy cannot reasonably be questioned”). Respondents cannot
be expected to prepare for a hearing when NHLC’s own counsel has declared war on NHLC’s public-facing guidance
on the standard under which a hearing must be held.
10
To put the timing here in perspective, consider the following: NHLC currently expects Respondents to prepare for
a hearing in eight days, which would include completing as much of a forensic accounting as is possible (not much),
conducting multiple fact-finding interviews to learn the background and select witnesses, digest thousands of pages
of material, and accounting for a not-yet-affixed burden of proof. Meanwhile, it has already been ten days since
Respondents served discovery on NHLC and that has proven too short for NHLC to respond to one discovery letter.
20
announcement of the need for a hearing to occur before her “leaving” on October 16, followed by
her refusal to push the hearing date past the Friday before October 16 even after finding “just
cause,” does not suggest that Respondents’ due process concerns are being taken seriously.
Third, the Chair’s concern of unspecified “damage” to an unspecified “brand” as evident
in the form of unspecified “people … coming up to [her] all the time” is as troubling as it is
erroneous. Discussions of an ongoing case between the Chair and unrelated third parties, much
less consideration of the opinions of these unspecified third parties, simply has no place in the
analysis here. And to the extent the suggestion is that it is harmful to the enterprise of charitable
gaming writ large for a person accused of misconduct to operate until a hearing occurs, that logic
would justify short-changing every licensee. What’s more, any purported image problem is
entirely of the AG’s own making. It is within the AG’s discretion whether to “retain the[]
confidential character” of suitability investigations. RSA 287-D:11, III(a). The AG could have
deferred a press release until after a hearing was held to assess the question of suitability, thus
preventing any interim “brand”-damage. The AG’s self-created pressure to act swiftly on its public
condemnation of Respondents is no basis to deprive Respondents of time to defend themselves.
Fourth, it is both misleading and incomplete to say that Respondents have “been on notice
of the findings of suitability since August 31, 2023” and have “the documents that were used to
determine suitability.” Ex. L at 1. For one, even if Respondents were given immediate and total
access to all relevant facts as of August 31, 2023, a hearing six weeks later on October 13 would
still allow Respondents less than 10% of the time NHLC had to investigate and build its own
affirmative case. For another, Respondents were not given such access. Respondents did not even
receive the Suitability Report until nearly a month later, on September 22. And most importantly,
this reasoning assumes that the exact same evidence used by the prosecution is the exact same
21
evidence that is useful for a defense. But that is just not true. Common sense alone dictates that
evidence that tends to support a finding of wrongdoing is often not the same evidence that tends
to undercut a finding of wrongdoing. Respondents need time to build out their own evidence
through a forensic accounting (which NHLC and the AG did not do), witness interviews (which
NHLC and the AG did not do), discovery (which NHLC and the AG have not responded to), and
possible further document collections from Respondents.
Finally, as to the AAG’s suggestion at the September 27 conference that Respondents
holding a license is a “public protection” emergency, that is foreclosed as a matter of fact and law.
Mr. Sanborn has been operating his facility without incident for the six months since NHLC issued
its Suitability Report and yet neither NHLC nor the AG can point to any imminent threat to the
public he has caused in that timeframe. As to the law, the APA provides a specific procedure that
agencies may take if “emergency action” is warranted, RSA 541-A:30, III, which includes making
formal findings as to an emergency, but the AG and NHLC opted for the non-emergency process
under RSA 541-A:30, II. See supra pp. 7–9. In fact, if there were a real emergency, NHLC would
be in direct violation of its own regulations. If NHLC “receives information indicating that a
licensee has engaged in supplying false or inaccurate information or has engaged in misconduct
that poses an immediate danger to the public’s welfare, the commission shall issue an order
pursuant to RSA 541-A:30, III” and the emergency protocol set forth therein. Lot 7209.04(a)
(emphasis added). Again, that is not what NHLC did.
II. Respondents are Entitled to an Extension Under Lot 214.01
Even if Lot 208.02 did not require a postponement, a postponement would still be required
under Lot 214.01. Here, it is not just that witnesses are “unavailable,” it is that Respondents have
not even had time to determine who the relevant witnesses are and decide whether they should be
called at all. Id. Nor is Mr. Sanborn “available” in any real way: the AG has confirmed that two
22
separate criminal investigations of Mr. Sanborn are ongoing and—as the Chair recognized—it is
not reasonable for Mr. Sanborn to testify on his own behalf before undersigned counsel can fully
investigate the relevant facts. It is also possible that a “hearing will not be necessary because the
parties have reached a settlement,” id. 214.01(b)—the problem is, again, that Respondents cannot
make a judgment about settlement without first assessing the facts. And NHLC has no choice but
to admit that additional time would “assist in resolving the case fairly.” Id.
Recall too that it was NHLC that “recommend[ed]” that a “forensic financial review[]” be
completed and indicated that suitability would turn on whether that review “substantiated” the
preliminary findings. Ex. A at 4. Surely it would “assist in resolving the case fairly” to allow Mr.
Sanborn to do the work that NHLC has admitted must be done. Lot 214.01.11 Plus, the AAG
himself stated repeatedly after the September 22 conference: “If we got this wrong, we want you
to let us know.” Even with a fraction of the investigatory work done, there already appear to be
multiple ways in which NHLC’s investigation missed the mark, see supra pp. 13–14, and so
Respondents should be allowed time to pressure test NHLC’s Proposed Findings.
III. Respondents are Entitled to an Extension as a Matter of Due Process
Finally, even if neither Lot 208.02 nor Lot 214.01 required a postponement (which they
do), due process principles would demand it. It is well-established that the protections of “due
11
There are also practical considerations that bear on the fairness of this hearing. Consider that the Pre-Hearing Notice
sets forth eight items that need to be addressed and resolved prior to a hearing: (a) Simplification of the issues; (b)
Stipulations or admissions as to issues of fact or proof; (c) Time needed by the Parties to present at the hearing; (d)
Witnesses expected to be called at the hearing; (e) Exhibits expected to be presented at the hearing, including pre-
marking of exhibits; (f) Any requests for changes to or waivers of the standard procedures as specified in the relevant
rules or other matters concerning the conduct of the hearing; (g) The burden and standard of proof; and (h) Any other
matter that may aid in the disposition of the action, including settlement. Ex. G at 2. As of today, none of that is
resolved. As noted above, Respondents cannot assess settlement until they understand the facts; NHLC has proposed
conducting the hearing in a manner that would flip the correct burden of proof on its head; Respondents cannot discuss
their witnesses or exhibits without first understanding the record; and, at the very least, a hearing will be needed to
discuss clarifying or “simplif[y]ing the issues” given the fact that the Suitability Report encompasses far more conduct
than the Proposed Findings and Respondents needs to know against which they are defending.
23
process” attach to the revocation of a professional “license,” Appeal of Plantier, 126 N.H. 500,
506 (1985) and equally “well established that due process guarantees also apply to administrative
agencies.” Appeal of Lathrop, 122 N.H. 262, 265 (1982) (citations omitted). Even in civil
administrative cases, an “agency should not lose sight of its paramount objective of rendering
justice.” Appeal of Morin, 140 N.H. at 519 (quotations omitted). Denying, “without good cause,”
a “reasonable and timely motion to continue” is inconsistent with due process. Id.
Appeal of Morin is instructive. There, the agency’s denial of a continuance prevented the
respondent in a workers’ compensation case from having his “physician present to testify.” Id.
The Court explained that “physicians are especially important in a workers’ compensation case”
and the physician’s absence prevented the respondent from being “able to explain” what appeared
to be a “discrepancy” in the record. Id.
A physician is surely no more critical to a workers’ compensation claim than is a forensic
accountant to an accounting fraud claim. And neither NHLC nor the Chair have disputed that the
forensic accountants need at least six weeks to prepare. Moreover, while NHLC has been quick
to point out that this is not a criminal case, the AG has made abundantly clear that this case could
have criminal implications for Mr. Sanborn. Supra pp. 6–7. Even putting to the side what should
be the Presiding Officer’s interest in a fair hearing, that criminal valance should give NHLC serious
pause before strong-arming Mr. Sanborn into a hearing before he can prepare. It is due process in
name only to “give the accused a day in court, with no opportunity to prepare for it.” Powell v.
State of Ala., 287 U.S. 45, 59 (1932) (quotations omitted).
CONCLUSION
The Presiding Officer should postpone the hearing in this matter until December 3, 2023.
Respectfully submitted,
/s/ Zachary R. Hafer
Zachary R. Hafer
24
ZACHARY R. HAFER
ADAM M. KATZ
COOLEY LLP
500 Boylston Street
Boston, MA 02116
Tel: 617-931-2300
zhafer@cooley.com
akatz@cooley.com
KAITLAND KENNELLY
COOLEY LLP
55 Hudson Yards
New York, NY 10001
Tel : 212-479-6643
kkennelly@cooley.com
MARK T. KNIGHTS
NIXON PEABODY LLP
900 Elm Street
Manchester, NH 03101
Tel: 603-628-4027
mknights@nixonpeabody.com
25
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing notice of appearance has or will be served on the New
Hampshire Lottery Investigation and Compliance Division via electronic mail to Mark W.
Dell’Ofano, Assistant Attorney General, New Hampshire Department of Justice, Civil Law
Bureau, 33 Capitol Street, Concord, NH 03301, mark.w.dellorfano@doj.nh.gov.
Date: October 5, 2023 /s/ Zachary R. Hafer
Zachary Hafer
26
Exhibit Q
THE STATE OF NEW HAMPSHIRE
LOTTERY COMMISSION
IN THE MATTER OF:
WIN WIN WIN, LLC, d/b/a “CONCORD CASINO”
(FAC-00074 and GOE-00079)
Docket No. Lot 23-018
RESPONDENTS’ BRIEF REGARDING RIGHT TO A HEARING
ZACHARY R. HAFER KAITLAND KENNELLY
ADAM M. KATZ COOLEY LLP
COOLEY LLP 55 Hudson Yards
500 Boylston Street New York, NY 10001
Boston, MA 02116 Tel : 212-479-6000
Tel: 617-931-2300 kkennelly@cooley.com
zhafer@cooley.com
akatz@cooley.com MARK T. KNIGHTS
NIXON PEABODY LLP
900 Elm Street
Manchester, NH 03101
Tel: 603-345-1144
mknights@nixonpeabody.com
Counsel to Win Win Win, LLC d/b/a “Concord Casino” and Anthony M. Sanborn
As directed by the Pre-Hearing Order entered on September 28, 2023, Respondents Win
Win Win, LLC d/b/a “Concord Casino” and Anthony M. Sanborn (“Respondents”) submit this
brief “on the issue of whether the Commission must hold a hearing in accordance with RSA 287-
D:23 to revoke the license due to a finding of non-suitability.” Pre-hearing Order ¶ 2. As explained
herein, the text and structure of the relevant laws require a hearing before Respondents’ license
can be revoked, at which the New Hampshire Lottery Commission (“NHLC”) and Attorney
General’s Office (“AG”) bear the burden to make their case by a preponderance of the evidence.
Under RSA 287-D:11, every five years the AG and NHLC “shall conduct an investigation”
of any person holding a gaming license and determine whether the licensee is “suitable to be
associated with charitable gaming in New Hampshire.” Id. 287-D:11, II, III(a). If the AG and
NHLC “determine” that the “person is not suitable, the person shall not … continue to hold a
license.” Id. 287-D:11, III(a). RSA 287-D:11 does not, however, authorize or address the
procedure by which a gaming license may be suspended, revoked, or otherwise modified.
Authorization to penalize a licensee is instead set forth in RSA 287-D:23, entitled
“Penalties.” Under that section, NHLC “may suspend or revoke the license of any licensee who
[a] violates any provision of [Chapter 287-D] or [b] for just cause shown.” RSA 287 D:23, III. As
to procedure, the New Hampshire Administrative Procedure Act (“APA”) sets the minimum
process owed to licensees. See RSA 541-A:1, et seq. Under the APA, agencies have two options
for modifying a license. First, if an “agency finds that public health, safety or welfare requires
emergency action and incorporates a finding to that effect in its order, immediate suspension of a
license may be ordered pending an adjudicative proceeding.” Id. 541-A:30, III. Having evidently
concluded that the requirements of that section are not met, NHLC did not order that Respondents’
license be immediately suspended. Second, if the agency does not make specific findings as to the
1
need for emergency action, “[a]n agency shall not revoke, suspend, modify, annul, withdraw, or
amend a license unless the agency first gives notice to the licensee of the facts or conduct upon
which the agency intends to base its action, and gives the license an opportunity” to defend itself
at an “adjudicative proceeding.” Id. 541-A:30, II. That establishes Respondents’ right to a hearing,
a right that is repeated throughout the APA. See, e.g., RSA 541-A:31, III (“In a contested case, all
parties shall be afforded an adjudicative proceeding.”).
The APA sets a floor, not a ceiling, for the procedural protections owed to licensees. Under
the APA, agencies may ratchet up their own safeguards. Specifically, the APA provides that “each
agency shall … [a]dopt” agency-specific “rules of practice setting forth the nature and requirement
of all formal and informal procedures available,” which shall address matters such as the “[b]urden
of proof.” Id. 541-A:16; 541-A:30-a, III(d). Per that directive, NHLC adopted NHLC-specific
procedures, which are set out at Chapters Lot 200 and, secondarily, Lot 7200 of the Code of
Administrative Rules. These procedures apply to all “hearings before [NHLC] affecting the rights
or privileges of any person or organization.” Lot 201.01. As relevant here, the regulations dictate
that any party “asserting a proposition shall bear the burden of proving the truth of the proposition
by a preponderance of the evidence.” Id. 216.02. They also enumerate a list of bases upon which
NHLC can demonstrate just cause to revoke a license under RSA 287-D:23. Lot 7209.03.
Here, applying the foregoing statutes and rules is straightforward. If NHLC and the AG
wish to revoke Respondents’ license under RSA 287-D:23, III, then the APA 1—RSA 541-A:30
and RSA 541-A:31, in particular—require them to provide Respondents with an adjudicative
proceeding before they do so. Lot 7209.03 identifies what NHLC and AG must establish during
that hearing to justify revocation. And Lot 200 explains how those proceedings work—including
1
As noted in Respondents’ Motion for Recordings of Pre-Hearing Conferences (at p. 6, n.3), the AG has
effectively conceded that the APA governs here.
2
that NHLC and the AG bear the burden of establishing one of the alternative grounds for revocation
set forth in Lot 7209.03 “by a preponderance of the evidence,” Lot 216.02.
At and preceding the September 27, 2023 Pre-Hearing Conference, the AG suggested
otherwise, contending that no adjudicative proceeding is necessary before the licenses are revoked
based on the AG’s adverse suitability determination, and that Respondents bear the burden of
establishing by clear and convincing evidence that they should not be revoked. The AG is wrong.
To start, the proposition that no adjudicative proceeding is needed before revoking a license
runs headfirst into both RSA 541-A:30, II—which, as noted, states the opposite—and RSA 541-
A:31, which states that “parties shall be afforded … an adjudicative proceeding” in any “contested
case.” It is also flatly inconsistent with the AG’s August 30, 2023 letter, NHLC’s August 31, 2023
letter, and the Hearing Notice, which all state that a hearing will be held under RSA 541-A:30. Ex.
A, B, and C.2 Further, that proposition would unjustly allow the AG to find a licensee unsuitable,
provide neither reasoning nor notice to the licensee, and summarily deprive the licensee of their
livelihood without a chance to be heard. The AG may quibble with how robust a due process right
is owed to licensees, but there is no dispute that some process is required. See, e.g., United Am.
Ins. Co. v. Whaland, 115 N.H. 212, 214 (1975) (due process “requires notice and an opportunity
to be heard prior to the effective date of the license revocation”); Appeal of Dell, 140 N.H. 484,
492 (1995) (heightened due process requirements attach to “the loss of a privilege once granted”).
The process-free arrangement the AG champions would violate the “basic principle of statutory
construction that a legislative enactment will be construed to avoid conflict with constitutional
rights wherever reasonably possible.” State v. Smagula, 117 N.H. 663, 666 (1977).
2
See also, e.g., NHLC, Administrative Action and Hearings Process at 1, https://tinyurl.com/29ac23a8 (“If
you receive a Notice of Administrative Action, you [may] request a hearing.”); id. (explaining that if a
“license was suspended or revoked,” a “hearing will be scheduled”) (emphasis added).
3
Nor can the AG’s view that RSA 287-D:11, III(a) triggers automatic revocation be squared
with the APA’s command that revocation cannot precede a hearing, or RSA 287-D:23, III’s
cabining of the right to revoke to “[a] any licensee who violates any provision of this chapter or
[b] for just cause shown.” On the AG’s view, every suitability finding would immediately render
NHLC in violation of the law: if RSA 287-D:11, III(a) means that the moment a licensee is found
not unsuitable, the license is revoked, then NHLC would break the law every second it waited
before the revocation—or, in this case, broke the law during the full five months between the
March Suitability Report and commencing proceedings in August. 3
The AG’s overreach is even more apparent when one situates RSA 287-D:11 in the broader
statutory scheme. RSA 287-D:11 deals with and is entitled “Background Investigations.” It does
not address the process for penalizing a licensee or revoking a license; it does not address who can
actually effect the revocation; it does not address how quickly the revocation must occur; and it
certainly does not mention the APA, let alone carve out an exception to RSA 541-A:30. RSA 287-
D:11. Instead, the provisions that deal with penalties, revocation, and procedure, are provisions
that expressly state that they concern “[p]enalties,” “revo[cation],” and “procedure.” RSA 287-
D23; RSA 541-A:30; Lot 200. That is all to say, the legislature via RSA 287-D:11 tasked the AG
and NHLC with determining if a licensee is suitable and taking steps to ensure that such licensees
no longer hold licenses, but it is RSA 287-D:23 and the related procedural protections that say how
and when and by whom the revocation can take place. That is among the most basic principles of
3
The AG places significant weight on the lack of an “appeal” from the AG’s suitability finding. But
whether there is an appeal after a decision is unrelated to whether there is a right to a hearing before that
decision is made. In any event, it would not make sense to tether an appeal right to a suitability finding
with no independent force when there is already an appeal right from the operative decision on revocation.
RSA 287-D:24, RSA 541:6. The AG has also not addressed the fact that RSA 287-D:23, III authorizes
NHLC to revoke a license but says nothing about the AG’s power to revoke on its own. If only NHLC can
carry out a revocation, that is all the more reason the legislature would have linked the right to an appeal to
a “decision of the commission.” RSA 287-D:24 (emphasis added).
4
statutory interpretation: “[W]e … are bound, not only by the ultimate purposes [the legislature]
has selected, but by the means it has deemed appropriate, and prescribed, for the pursuit of those
purposes.” MCI Telecomms. Corp. v. Am. Tel. & Tel. Co., 512 U.S. 218, 231 n.4 (1994).
Finally, the AG’s assertion that Respondents must “show cause” why the licenses should
not be revoked by “clear and convincing evidence” is unsupported. Neither “show cause” nor
“clear and convincing” appear in Chapter 287-D, Lot 200, or Lot 7200, and adjudicatory bodies
may not “consider what the legislature might have said or add language that the legislature did not
see fit to include.” Polonsky v. Town of Bedford, 171 N.H. 89, 93 (2018). Where Chapter 287-D
refers to what must be “shown,” it refers to the fact that “just cause” must be “shown” by the
“lottery commission.” RSA 287-D:23, III. And the AG’s invitation to apply a “clear and
convincing” standard seems to be, with all due respect, made up. As explained above, the APA
tasks agencies with adopting procedural rules to address the “burden of proof,” RSA 541-A:30-a,
III(d), and NHLC has done exactly that in Lot 216.02, which plainly states: “The party asserting a
proposition shall bear the burden of proving the truth of the proposition by a preponderance of the
evidence.”4 NHLC’s Proposed Findings are filled with propositions that it must establish—that
Mr. Sanborn falsely obtained funds, that Mr. Sanborn misused funds, and so on, see Ex. D—and
NHLC is not above its “own rules.” Appeal of Gielen, 139 N.H. 283, 288 (N.H. 1994).
For the foregoing reasons, a hearing is required before revoking Respondents’ license and
NHLC bears the burden of proving its case by a preponderance of the evidence.
4
NHLC’s own website accepts that NHLC bears the burden of proof by a preponderance:
NHLC, Administrative Action and Hearings Process at 2, https://tinyurl.com/29ac23a8. Were Respondents
forced to prove their innocence by clear and convincing evidence, after NHLC had assured all citizens that
NHLC bears the burden by preponderance, that would independently create a due process problem.
5
Respectfully submitted,
/s/ Zachary R. Hafer
Zachary R. Hafer
ZACHARY R. HAFER
ADAM M. KATZ
COOLEY LLP
500 Boylston Street
Boston, MA 02116
Tel: 617-931-2300
zhafer@cooley.com
akatz@cooley.com
KAITLAND KENNELLY
COOLEY LLP
55 Hudson Yards
New York, NY 10001
Tel : 212-479-6000
kkennelly@cooley.com
MARK T. KNIGHTS
NIXON PEABODY LLP
900 Elm Street
Manchester, NH 03101
Tel: 603-628-4027
mknights@nixonpeabody.com
6
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing document has or will be served on the New Hampshire
Lottery Investigation and Compliance Division via electronic mail to Mark W. Dell’Ofano,
Assistant Attorney General, New Hampshire Department of Justice, Civil Law Bureau, 33 Capitol
Street, Concord, NH 03301, mark.w.dellorfano@doj.nh.gov.
Date: October 5, 2023 /s/ Zachary R. Hafer
Zachary Hafer
7
Exhibit R
Exhibit S
THE STATE OF NEW HAMPSHIRE
LOTTERY COMMISSION
IN THE MATTER OF
WIN WIN WIN, LLC, d/b/a “CONCORD CASINO”
(FAC-00074 and GOE-00079)
Docket No. Lot 23-018
PRE-HEARING DISCLOSURE OF WITNESSES AND EXHIBITS
NOW COMES the New Hampshire Lottery Investigation and Compliance Division
(the “Division”) and discloses its pre-hearing list of witnesses and exhibits.
WITNESSES
Name Contact Information Summary of Testimony
Leila McDonough, CPA New Hampshire Ms. McDonough will be called as a
(“Ms. McDonough”) Lottery Commission fact witness and expert witness for
Investigation & the Division. Ms. McDonough will
Compliance Division testify about the following topics:
14 Integra Drive • Specific details of the 2022
Concord, NH 03301 & 2021 audits of the
Respondent, including her
Phone: 603-230-3104
recollections of conducting
the audits at the
Respondent’s casino.
• Respondent’s financial
condition.
• Respondent’s financial
records.
• Respondent’s taxation.
• Respondent’s applications
for a Main Street Grant, PPP
1
Name Contact Information Summary of Testimony
Loans, and Economic Injury
Disaster Loans.
• Respondent’s and Mr.
Sanborn’s use of the
proceeds from the Main
Street Grant, PPP Loans, and
Economic Injury Disaster
Loans awarded to the
Respondent and The Draft,
LLC.
• Details concerning Mr.
Sanborn’s purchases of the
three race cars alleged in the
Notice of Administration
• Respondent’s original and
modified leases with The
Best Revenge, LLC, and rent
payments made by the
Respondent to The Draft,
LLC and The Best Revenge,
LLC,
• Respondent’s intercompany
transfers of monies among
Mr. Sanborn’s various
businesses.
• Respondent’s cash on hand
and Mr. Sanborn’s refusal to
allow her audit team to
perform a verification count
of it.
• The SAR issued by
Merrimack County Savings
Bank concerning the
Respondent’s transfer of
$52,500.
2
Name Contact Information Summary of Testimony
• The New Hampshire
charitable gaming industry.
Anthony M. Sanborn 71 Eagle Dr., Bedford, Mr. Sanborn is anticipated to be an
(“Mr. Sanborn”) NH 03110 adverse witness to the Division. The
Division intends to examine Mr.
Sanborn under oath concerning the
following matters:
• Respondent’s financial
condition.
• Respondent’s financial
records.
• Respondent’s taxation.
• Respondent’s applications
for a Main Street Grant, PPP
Loans, and Economic Injury
Disaster Loans.
• Respondent’s and Mr.
Sanborn’s use of the
proceeds from the Main
Street Grant, PPP Loans, and
Economic Injury Disaster
Loans awarded to the
Respondent and The Draft,
LLC.
• Mr. Sanborn’s purchase and
use of the three race cars
alleged in the Notice of
Administration
• Respondent’s rent payments
among the Respondent, The
Draft, LLC, and The Best
Revenge, LLC,
• Respondent’s intercompany
transfers of monies among
Mr. Sanborn’s various
businesses.
• The source of funds used for
the renovation of the Draft
3
Name Contact Information Summary of Testimony
Restaurant and the
Respondent’s casino.
• The source of funds used in
the Concord Connection,
LLC project at Break ‘O Day
Drive, Concord, NH.
• The Respondent’s
transactions with “Hooville”
• Respondent’s cash on hand
and Mr. Sanborn’s refusal to
allow Lottery’s audit team to
perform a verification count
of it during the 2022 audit.
• The SAR issued by
Merrimack Savings Bank
concerning the Respondent’s
transfer of $52,500.
Laurie J. Sanborn 71 Eagle Dr., Bedford, Ms. Sanborn is anticipated to be an
(“Ms. Sanborn”) NH 03110 adverse witness to the Division. The
Division intends to examine Ms.
Sanborn under oath concerning the
following matters:
• Respondent’s financial
condition.
• Respondent’s financial
records.
• Respondent’s taxation.
• Respondent’s applications
for a Main Street Grant, PPP
Loans, and Economic Injury
Disaster Loans.
• Respondent’s and Mr.
Sanborn’s use of the
proceeds from the Main
Street Grant, PPP Loans, and
Economic Injury Disaster
Loans awarded to the
Respondent and The Draft,
LLC.
4
Name Contact Information Summary of Testimony
• Mr. Sanborn’s purchase and
use of the three race cars
alleged in the Notice of
Administration
• Respondent’s rent payments
among the Respondent, The
Draft, LLC, and The Best
Revenge, LLC,
• Respondent’s intercompany
transfers of monies among
Mr. Sanborn’s various
businesses.
• The source of funds used for
the renovation of the Draft
Restaurant and the
Respondent’s casino.
• The source of funds used in
the Concord Connection,
LLC project at Break ‘O Day
Drive, Concord, NH.
• The Respondent’s
transactions with “Hooville”
• Respondent’s cash on hand
day-to-day and during the
2022 audit.
David J. Penchansky, Penchansky & Co., Mr. Penchansky is anticipated to be
CPA. PLLC an adverse witness to the Division.
Accountant for the 70 Stark Street The Division intends to examine
Respondent, Mr. Sanborn, Manchester, NH Mr. Penchansky under oath
and Ms. Sanborn 03101 concerning the following matters:
(“Mr. Penchansky”) (603) 647-2400 • Respondent’s financial
info@penchansky.com condition.
• Respondent’s financial
records.
• Respondent’s taxation.
• Respondent’s applications
for a Main Street Grant, PPP
Loans, and Economic Injury
Disaster Loans.
5
Name Contact Information Summary of Testimony
• Respondent’s and Mr.
Sanborn’s use of the
proceeds from the Main
Street Grant, PPP Loans, and
Economic Injury Disaster
Loans awarded to the
Respondent and The Draft,
LLC.
• Mr. Sanborn’s purchase and
the three race cars alleged in
the Notice of Administration
• Respondent’s rent payments
among the Respondent, The
Draft, LLC, and The Best
Revenge, LLC,
• Respondent’s intercompany
transfers of monies among
Mr. Sanborn’s various
businesses.
• The source of funds used for
the renovation of the Draft
Restaurant and the
Respondent’s casino.
• The source of funds used in
the Concord Connection,
LLC project at Break ‘O Day
Drive, Concord, NH.
• The Respondent’s
transactions with “Hooville.”
Linda J. Lorden 89 North Main Street,
President, Merrimack Concord, NH 03301
County Savings Bank
(“Ms. Lorden”)
Greg R. Tewksbury 16 Foundry Street
President and CEO of PO Box 2826
6
Name Contact Information Summary of Testimony
New Hampshire Mutual Concord, NH 03302
Bank Corporation 603.225.2793
(“Mr. Tewksbury”)
EXHIBITS
Exhibit ID Description File Name Witness(es)
Division’s The Attorney General’s Division's 01 - AG's N/A
Exhibit 1 suitability Suitability
determination for Determination-S.pdf
Respondent and Mr.
Sanborn.
Division’s Respondent's Funding Division's 02 - Mr. Sanborn
Exhibit 2 Application to SWC. Respondent's Funding Ms. Sanborn
Application to
SWC_Redacted-S.pdf
Division’s Respondent’s EIDL Division's 03 - WWW Mr. Sanborn
Exhibit 3 application. EIDL Application-
S_Redacted-S.pdf
Division’s Respondent’s Purchase Division's 04 - Mr. Sanborn
Exhibit 4 of Green Porsche using Purchase of Green Ms. Sanborn
EIDL proceeds for Mr. Porsche-S.pdf Ms. McDonough
Sanborn’s personal use.
Division’s Respondent’s Purchase Division's 05 - Mr. Sanborn
Exhibit 5 of Red Porsche using Purchase of Red Ms. Sanborn
EIDL proceeds for Mr. Porsche-S.pdf Ms. McDonough
Sanborn’s personal use.
Division’s Respondent’s Purchase Division's 06 - Mr. Sanborn
Exhibit 6 of Ferrari using EIDL Purchase of Ferrari- Ms. Sanborn
proceeds as a gift for S.pdf Ms. McDonough
Ms. Sanborn.
Division’s Respondent’s payment Division's 07 - TF Mr. Sanborn
Exhibit 7 to TF Moran Payment Moran Payment-S.pdf Ms. Sanborn
using EIDL proceeds Ms. McDonough
for Concord Connection
Project.
7
Exhibit ID Description File Name Witness(es)
Division’s Respondent’s payment Division's 08 - Mr. Sanborn
Exhibit 8 to Geotechnical Payment to Geo Tech- Ms. Sanborn
Services, Inc. using S.pdf Ms. McDonough
EIDL proceeds for
Concord Connection
Project.
Division’s Respondent’s purchase Division's 09 - Mr. Sanborn
Exhibit 9 of auto parts for the Autoparts-S.pdf Ms. Sanborn
Green Porsche, Red Ms. McDonough
Porsche, and Ferrari.
Division’s EIDL Application of Division's 10 - The Mr. Sanborn
Exhibit 10 the Draft, LLC. Draft EIDL Ms. Sanborn
Application_Redacted- Ms. McDonough
S.pdf
Division’s Email from Michael Division's 11 - Email Ms. Sanborn
Exhibit 11 Evans to Ms. Sanborn from Evens to Sanborn
concerning multiple RE EIDL-S.pdf
EIDL applications.
Division’s Mr. and Ms. Sanborn’s Division's 12 - AS & Mr. Sanborn
Exhibit 12 EIDL application for LS EIDL Ms. Sanborn
their real estate Application_Redacted-
business. S.pdf
Division’s Mr. and Ms. Sanborn’s Division's 13 - AS & Mr. Sanborn
Exhibit 13 2019 rental income LS Rental Income Ms. Sanborn
provided in support of 2019 for EIDL-S.pdf
their EIDL application.
Division’s Letter from David J. Division's 14 - Mr. Penchansky
Exhibit 14 Penchansky, CPA to the Accountants Letter for Ms. McDonough
U.S. Small Business EIDL-S.pdf
Administration.
Division’s Receipt of payment to Division's 15 - WWW Mr. Sanborn
Exhibit 15 SpringWest Capital of a Success Fee on $500k Ms. Sanborn
$10,000 success fee for EIDL-S.pdf Mr. Penchansky
securing the Ms. McDonough
Respondent’s EIDL.
8
Exhibit ID Description File Name Witness(es)
Division’s Receipt of payment to Division's 16 - The Mr. Sanborn
Exhibit 16 SpringWest Capital of a Draft Success Fee on Mr. Penchansky
$10,000 success fee for $500k EIDL-S.pdf
securing the The Draft,
LLC’s EIDL.
Division’s Mr. Sanborn’s EIDL Division's 17 - AS Mr. Sanborn
Exhibit 17 application in his EIDL Mr. Penchansky
capacity as a self- Application_Redacted-
employed sole S.pdf
proprietor.
Division’s Commercial Lease Division's 18 - WWW Mr. Sanborn
Exhibit 18 Agreement dated Sept. Lease 2018-S.pdf Ms. Sanborn
17, 2018, between The Mr. Penchansky
Best Revenge LLC as Ms. McDonough
Lessor and the
Respondent as Lessee
for casino space at 67
S. Main Street,
Concord, NH. (Rent:
$500/month).
Division’s First page of Division's 19 - WWW Mr. Sanborn
Exhibit 19 Commercial Lease Lease 2022-S.pdf Ms. Sanborn
Agreement dated Sept. Mr. Penchansky
17, 2022, between The Ms. McDonough
Best Revenge LLC as
Lessor and the
Respondent as Lessee
for casino space at 67
S. Main Street,
Concord, NH. (Rent:
$20,000/month).
Division’s Respondent’s cash flow Division's 20 - WWW Mr. Sanborn
Exhibit 20 statement from July Cash Flow-S.pdf Ms. Sanborn
2021 through July Mr. Penchansky
2022. Ms. McDonough
9
Exhibit ID Description File Name Witness(es)
Division’s Respondent’s general Division's 21 - WWW Mr. Sanborn
Exhibit 21 ledger as of July 31, GL (July 2022)-S.pdf Ms. Sanborn
2022. Mr. Penchansky
Ms. McDonough
Division’s Ms. McDonough’s Division's 22 - CC Ms. McDonough
Exhibit 22 Analysis of the Operating Acct
Respondent’s Operating Balance Chart-AS.pdf
Account - July 2021-
August 2022.
Division’s Respondent’s financial Division's 23 - WWW Mr. Sanborn
Exhibit 23 transactions January Transactions-S.pdf Ms. Sanborn
2017-August 2022. Mr. Penchansky
Ms. McDonough
Division’s Respondent’s bank Division's 26 - AUG22 Mr. Sanborn
Exhibit 26 statement dated August #73544-Operating Ms. Sanborn
31, 2022, for account Bank Mr. Penchansky
ending 3544. Account_Redacted- Ms. McDonough
S.pdf
10
Exhibit ID Description File Name Witness(es)
Division’s Respondent’s rent Division's 27 - WWW Mr. Sanborn
Exhibit 27 analysis for its casino Rent Analysis Ms. Sanborn
space at 67 S. Main St., (WWW)-S.pdf Mr. Penchansky
Concord, NH – January Ms. McDonough
2021-December 2022.
Division’s Respondent’s balance Division's 28 - Mr. Sanborn
Exhibit 28 sheet as of August 31, Concord Casino Ms. Sanborn
2022. balance sheet aug Mr. Penchansky
2022 detail-S.pdf Ms. McDonough
Division’s Respondent’s 2022 Division's 29 - Ms. McDonough
Exhibit 29 Audit Report Concord Casino 2022
Audit Report-S.pdf
Division’s Respondent’s 2021 Division's 30 - Ms. McDonough
Exhibit 30 Audit Report Concord Casino 2021
Audit Report-S.pdf
Division’s Listing of recipients of Division's 31 - Main Mr. Sanborn
Exhibit 31 New Hampshire Main Street Grant Funding- Ms. Sanborn
Street Fund Grants S.pdf Mr. Penchansky
Ms. McDonough
Division’s Respondent’s 2023 Division's 32 - 2023 Mr. Sanborn
Exhibit 32 Game Operator GOE Ms. McDonough
Employer license Application_Redacted-
application S.pdf
Division’s Respondent’s 2022 Division's 33 - 2022 Mr. Sanborn
Exhibit 33 Game Operator GOE Application- Ms. McDonough
Employer license S.pdf
application
Division’s Mr. & Ms. Sanborn’s Division's 34 - 2020 Mr. Sanborn
Exhibit 34 2020 Form 1040 1040 Schedules C- Ms. Sanborn
Schedules C, D, and E. E_Redacted-S.pdf Mr. Penchansky
Ms. McDonough
Division’s Respondent’s and Mr. Division's 35 - WWW Mr. Sanborn
Exhibit 35 & Mrs. Sanborn’s 2020 2020 NH Tax Return- Ms. Sanborn
NH Tax Return S_Redacted.pdf Mr. Penchansky
Ms. McDonough
11
Exhibit ID Description File Name Witness(es)
Division’s Renewal Notice for Mr. Division's 36 - Mr. Sanborn
Exhibit 36 Sanborn’s personal Ledyard CD Account - Mr. Penchansky
certificate of deposit Sanborn-S.pdf Ms. McDonough
account ending 3996
dated August 19, 2022
Division’s Comparison of New Division's 37 - CC Ms. McDonough
Exhibit 37 Hampshire casino rents Rent Comparison
charged to charities. 6.30.22_Redacted.pdf
Division’s Mr. Sanborn’s personal Division's 38 - WWW Mr. Sanborn
Exhibit 38 guarantee of EIDL Guarantee-S.pdf Ms. Sanborn
Respondent’s EIDL Mr. Penchansky
Ms. McDonough
Division’s Respondent’s EIDL Division's 39 - WWW Mr. Sanborn
Exhibit 39 Loan Agreement EIDL Loan Ms. Sanborn
Agreement-S.pdf Mr. Penchansky
Ms. McDonough
Division’s Respondent’s EIDL Division's 40 - WWW Mr. Sanborn
Exhibit 40 Lobbying Certification EIDL Lobbying Cert- Ms. Sanborn
S.pdf
Division’s Respondent’s EIDL Division's 41 - WWW Mr. Sanborn
Exhibit 41 Promissory Note EIDL Promissory Ms. Sanborn
Note-S.pdf Mr. Penchansky
Ms. McDonough
Division’s Respondent’s EIDL Division's 42 - WWW Mr. Sanborn
Exhibit 42 Security Agreement EIDL Security Ms. Sanborn
Agreement-S.pdf Mr. Penchansky
Ms. McDonough
Division’s US. Small Business Division's 43 - EIDL Mr. Sanborn
Exhibit 43 Administration FAQs-S.pdf Ms. Sanborn
Frequently Asked Ms. McDonough
Questions about
COVID-19 EIDL
Division’s US. Small Business Division's 44 - SBA Mr. Sanborn
Exhibit 44 Administration SOP 50 30 9-FINAL- Ms. Sanborn
Standard Operating S.pdf Ms. McDonough
Procedure 50 30 9 –
Disaster Assistance
Program
12
Exhibit ID Description File Name Witness(es)
Division’s 13 CFR 123.303 - Division's 45 - 13 CFR Mr. Sanborn
Exhibit 45 Allowed Uses of EIDL 123.303 - Allowed Ms. Sanborn
Proceeds Uses of EIDL Ms. McDonough
Proceeds – S.pdf
Division’s 13 CFR 123.301 - EIDL Division's 46 - 13 CFR Mr. Sanborn
Exhibit 46 Ineligible Businesses 123.301 - EIDL Ms. Sanborn
Ineligible Businesses - Ms. McDonough
S.pdf
Division’s Federal and State Division's 47 - PPP Mr. Sanborn
Exhibit 47 COVID-19 relief EIDL and State Ms. Sanborn
monies received by the COVID-19 Funds- Mr. Penchansky
Respondent and the S.pdf Ms. McDonough
Draft
The Division reserves the right to add, amend, modify, supplement, or remove any
witness or exhibit to or from the above lists.
Respectfully submitted,
NEW HAMPSHIRE LOTTERY INVESTIGATION
AND COMPLIANCE DIVISION
By its attorney,
JOHN M. FORMELLA
ATTORNEY GENERAL
Date: October 7, 2023 By:
Mark W. Dell’Orfano (#19962)
Assistant Attorney General
New Hampshire Department of Justice
Civil Law Bureau
33 Capitol Street
Concord, NH 03301-6397
Tel: (603) 271-3650
Email: mark.w.dellorfano@doj.nh.gov
13
Exhibit T
Katz, Adam M.
From: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Sent: Tuesday, October 10, 2023 10:23 AM
To: Knights, Mark
Cc: Katz, Adam M.; Hafer, Zach
Subject: Re: Subpoenas for Mr. & Ms. Sanborn
[External]
Hi Mark:
I am not going to subpoena the Sanborns. If they are at the hearing, I might call one or both of them; but I do not believe
there is any need to compel their attendence.
Best,
Mark
‐
Mark W. Dell’Orfano
Assistant Attorney General
Tel: 603.271.1236
Email: mark.w.dellorfano@doj.nh.gov
New Hampshire Department of Justice
Civil Law Bureau
Office of the Attorney General
33 Capitol St.
Concord, NH 03301
Main: 603.271.3658 | Fax: 603.271.2110
‐Sent from my phone.
From: Knights, Mark <mknights@nixonpeabody.com>
Sent: Monday, October 9, 2023 9:46:25 AM
To: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Cc: Katz, Adam M. <akatz@cooley.com>; Hafer, Zach <ZHafer@cooley.com>
Subject: RE: Subpoenas for Mr. & Ms. Sanborn
EXTERNAL: Do not open attachments or click on links unless you recognize and trust the sender.
Mark,
Yes, I can accept service of the subpoenas.
Best,
Mark
Mark T. Knights
Partner
1
Nixon Peabody LLP
O 603-628-4027 | C 603-785-8727
_________________________
Ride for Resilience: On October 13, I’ll be cycling 100 miles across
New Hampshire to raise funds for the NH Children’s Trust, the state’s
leading child abuse and neglect prevention organization. Learn more
and donate at https://www.pledgereg.com/382901.
From: Dell'Orfano, Mark <Mark.W.DellOrfano@doj.nh.gov>
Sent: Sunday, October 8, 2023 10:02 AM
To: Knights, Mark <mknights@nixonpeabody.com>
Cc: Katz, Adam M. <akatz@cooley.com>; Hafer, Zach <ZHafer@cooley.com>
Subject: Subpoenas for Mr. & Ms. Sanborn
[EXTERNAL E‐MAIL]
Be Aware of Links and Attachments
Hi Mark:
Are you authorized to accept subpoenas for Andy and Laurie Sanborn?
Thanks,
Mark
‐
Mark W. Dell’Orfano
Assistant Attorney General
Tel: 603.271.1236
Email: mark.w.dellorfano@doj.nh.gov
New Hampshire Department of Justice
Civil Law Bureau
Office of the Attorney General
33 Capitol St.
Concord, NH 03301
Main: 603.271.3658 | Fax: 603.271.2110
‐Sent from my phone.
2
Exhibit U
Zachary Hafer Transmitted via Electronic Mail
T: +1 617 937 1370
zhafer@cooley.com
October 8, 2023
Mark W. Dell’Orfano
Assistant Attorney General
New Hampshire Department of Justice, Civil Law Bureau
33 Capitol Street, Concord, NH 03301
Tel: 603-271-3650
Email: mark.w.dellorfano@doj.nh.gov
Re: Second Set of Discovery Requests
Action: In the Matter of Win Win Win, LLC, d/b/a “Concord Casino,” Lot 23-018
Dear Mr. Dell’Orfano:
Pursuant to N.H. Admin. Lot (“Lot”) 215.01, Respondents Win Win Win, LLC d/b/a “Concord Casino” and
Anthony M. Sanborn hereby request that the New Hampshire Lottery Commission (“NHLC”) make a
“complete and timely” production of “information or documents relevant to the hearing” in the above-
captioned matter, in accordance with the definitions and requests set forth below. Lot 215.01(a). If the
following requests seek information or documents that do not exist or that are inaccessible to you or NHLC,
Respondents respectfully ask that you promptly confirm that in writing.
Separately, Respondents note that NHLC has not yet responded to the discovery requests Respondents
served upon NHLC on September 25, 2023. That is nearly two weeks ago. As Respondents noted on the
record during the September 22, 2023 pre-hearing conference, NHLC has represented that “there’s very
little discovery” in this case. Conference Tr. (Sept. 22, 2023). Given NHLC’s unexplained refusal to consent
to a reasonable extension of the hearing date, please provide all discovery responsive to the requests set
forth in this letter and those set forth in Respondents prior letter by 4:00 p.m. ET on Monday, October 9,
2023. NHLC has a duty to “attempt in good faith to make a complete and timely response to requests for
… voluntary production.” Lot 215.01(a). Failing to make any productions while simultaneously insisting on
a hearing date that tramples Respondents’ due process rights is not “good faith.”
Respondents reserve their rights, pursuant to Lot 215.01 and Lot 215.02, to request additional information
to further investigate and clarify the responses to the following requests.
DEFINITIONS
1. “AAG” means Assistant Attorney General Mark W. Dell’Orfano.
2. “Action” means the above-captioned matter, In the Matter of Win Win Win, LLC d/b/a “Concord
Casino,” Docket No. Lot 23-018.
3. “Attorney General” means the office of the New Hampshire Attorney General and all of that
office’s component parts, including but not limited to the Civil Law Bureau.
4. “Communication” means any transmissions of information from one person or entity to another
via any means, including any electronic or non-electronic written communications, telephone
Cooley LLP 500 Boylston Street 14th Floor Boston, MA 02116-3736
t: +1 617 937 2300 f: +1 617 937 2400 cooley.com
October 8, 2023 Transmitted via Electronic Mail
Page Two
communications, in-person communications, email communications, chat communications, instant
message communications, or text message communications.
5. “Identify” means to describe completely and with particularity all relevant facts about the subject.
6. “NHLC” means the New Hampshire Lottery Commission and all of its component parts, including
but not limited to the Investigation and Compliance Division and all officers and employees.
REQUESTS
REQUEST NO. 13: All sources and other materials relied upon in the preparation and drafting of NHLC
Exhibit Nos. 22, 31, and 37.
REQUEST NO. 14: Please identify all persons and/or entities involved in the preparation and drafting of
NHLC Exhibit Nos. 22, 31, and 37.
REQUEST NO. 15: All ex parte Communications sent or received, since August 30, 2023, between the
Attorney General or AAG and NHLC regarding this Action, including but not limited to Communications sent
from the Attorney General or AAG to NHLC Chair Debra M. Douglas or sent from NHLC Chair Debra M.
Douglas to the Attorney General or AAG.
REQUEST NO. 16: To the extent not already captured by Request No. 13, identify and describe all
telephonic and non-written ex parte Communications sent or received regarding this Action, since August
30, 2023, between the Attorney General or AAG and NHLC, including but not limited to Communications
sent from the Attorney General or AAG to NHLC Chair Debra M. Douglas or sent from NHLC Chair Debra
M. Douglas to the Attorney General or AAG.
REQUEST NO. 17: All Communications between NHLC and/or the AG and Greg R. Tewksbury, David J.
Penchansky, and/or Linda J. Lorden.
REQUEST NO. 18: All notes, audio recordings, videos, Communications, or other records relating to Leila
McDonough’s “recollections of conducting the audits” of Respondents, as referenced on page 1 of NHLC’s
Pre-Hearing Disclosure of Witnesses and Exhibits.
Please do not hesitate to contact me with any questions.
Sincerely,
/s/ Zachary R. Hafer
Zachary Hafer
Cooley LLP
500 Boylston Street
Boston, MA 02116
Counsel to Win Win Win, LLC d/b/a/ “Concord
Casino” and Anthony M. Sanborn
cc: New Hampshire Lottery Commission
Cooley LLP 500 Boylston Street 14th Floor Boston, MA 02116-3736
t: +1 617 937 2300 f: +1 617 937 2400 cooley.com
Exhibit V
Exhibit W
THE STATE OF NEW HAMPSHIRE
LOTTERY COMMISSION
IN THE MATTER OF:
WIN WIN WIN, LLC, d/b/a “CONCORD CASINO”
(FAC-00074 and GOE-00079)
Docket No. Lot 23-018
NOTICE OF POTENTIAL CONFLICT
Pursuant to N.H. Admin. Lot (“Lot”) 206.03(a), Respondents Win Win Win, LLC d/b/a
“Concord Casino” and Anthony M. Sanborn submit this Notice of Potential Conflict. It has come
to Respondents’ attention that the Presiding Officer—Chair Debra M. Douglas—has a potential
financial conflict of interest with undersigned counsel, Mark Knights. Mr. Knights is a partner at
the law firm Nixon Peabody LLP (“Nixon”). Nixon is presently involved in litigation against the
law firm Douglas, Leonard & Garvey, PC (“DL&G”), in which Nixon and DL&G have asserted
claims against one another. The suit is a financial matter involving a dispute over a large sum of
money and undersigned can confirm there is a potential for additional similar lawsuits involving
similar claims and similar accounts in the future. Chair Douglas is the spouse of Charles G.
Douglas III, a named partner at DL&G. Mr. Douglas is also a material witness in the litigation
between Nixon and DL&G; Mr. Knights may be a witness as well. DL&G stands to gain or lose
a substantial sum of money in the litigation with Nixon and the longer that litigation extends, the
larger the financial burden to DL&G in the form of legal fees to its outside counsel. Mr. Douglas
is a partner at DL&G and law partners typically share in the profits and expenses of the firm. And
1
the law presumes that married spouses pool resources and/or enjoy them in common. Chair
Douglas therefore may have a direct personal stake in the litigation between Nixon and DL&G.
See, e.g., Plaistow Bank & Trust Co. v. Webster, 121 N.H. 751, 754 (1981) (explaining that having
a pecuniary interest triggers a “per se rule of disqualification”).
Respondents reserve the right to file a Motion for Recusal on this and any other meritorious
grounds. See Lot 206.03(a).
Respectfully submitted,
/s/ Zachary R. Hafer
Zachary R. Hafer
ZACHARY R. HAFER
ADAM M. KATZ
COOLEY LLP
500 Boylston Street
Boston, MA 02116
Tel: 617-931-2300
zhafer@cooley.com
akatz@cooley.com
KAITLAND KENNELLY
COOLEY LLP
55 Hudson Yards
New York, NY 10001
Tel : 202-479-6000
kkennelly@cooley.com
MARK T. KNIGHTS
NIXON PEABODY LLP
900 Elm Street
Manchester, NH 03101
Tel: 603-628-4027
mknights@nixonpeabody.com
2
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing notice of appearance has or will be served on the New
Hampshire Lottery Investigation and Compliance Division via electronic mail to Mark W.
Dell’Ofano, Assistant Attorney General, New Hampshire Department of Justice, Civil Law
Bureau, 33 Capitol Street, Concord, NH 03301, mark.w.dellorfano@doj.nh.gov.
Date: October 8, 2023 /s/ Zachary R. Hafer
Zachary Hafer
3
Exhibit X
THE STATE OF NEW HAMPSHIRE
LOTTERY COMMISSION
IN THE MATTER OF:
WIN WIN WIN, LLC, d/b/a “CONCORD CASINO”
(FAC-00074 and GOE-00079)
Docket No. Lot 23-018
MOTION TO RECUSE PRESIDING OFFICER
ZACHARY R. HAFER KAITLAND KENNELLY
ADAM M. KATZ COOLEY LLP
COOLEY LLP 55 Hudson Yards
500 Boylston Street New York, NY 10001
Boston, MA 02116 Tel : 212-479-6000
Tel: 617-931-2300 kkennelly@cooley.com
zhafer@cooley.com
akatz@cooley.com MARK T. KNIGHTS
NIXON PEABODY LLP
900 Elm Street
Manchester, NH 03101
Tel: 603-345-1144
mknights@nixonpeabody.com
Counsel to Win Win Win, LLC d/b/a “Concord Casino” and Anthony M. Sanborn
Respondents Win Win Win d/b/a “Concord Casino” and Anthony M. Sanborn hereby move
pursuant to N.H. Admin. Lot (“Lot”) 209.01 and Lot 206.03 for the Presiding Officer—New
Hampshire Lottery Commission (“NHLC”) Chair Debra M. Douglas—to recuse herself for good
cause and to avoid the appearance of impropriety and lack of impartiality.
ARGUMENT
Either “[u]pon his or her own initiative or upon the motion of any party, the presiding
officer shall, for good cause or to avoid the appearance of impropriety or lack of impartiality,
withdraw from any hearing.” Lot 206.03(a). “[G]ood cause shall exist if,” among other things,
the Presiding Officer “[h]as a direct interest in the outcome of the proceeding” or “[h]as made
statements or engaged in behavior which objectively demonstrates that he or she has prejudged the
facts of the case.” Lot 206.03(b) (emphasis added).
This impartiality requirement is recognized by NHLC, the New Hampshire Supreme Court,
and the New Hampshire Constitution. The NHLC website states: “The Hearings Examiner is a
neutral and detached party whom the Lottery has delegated the authority to preside over a
proceeding.” NHLC, Administrative Action and Hearings Process at 2 (last visited Oct. 9, 2023),
https://tinyurl.com/29ac23a8. The New Hampshire Supreme Court has held that impartiality is a
necessary precondition to due process: “An agency, like a trial court, must follow fair procedures
and provide due process. One element of this requirement is the opportunity to present one’s case
… before an impartial fact-finder.” Appeal of Morin, 140 N.H. 515, 518 (1995). And the New
Hampshire Constitution deems impartiality “essential” to due process:
It is essential to the preservation of the rights of every individual, his life, liberty,
property, and character, that there be an impartial interpretation of the laws, and
administration of justice. It is the right of every citizen to be tried by judges as
impartial as the lot of humanity will admit.
1
N.H. Const. pt. I, art. 35. This mandate “applies to both trial judges and members of administrative
boards acting in a quasi-judicial capacity.” Appeal of Grimm, 141 N.H. 719, 720 (1997).
Because Chair Douglas has prejudged the facts and because her presiding over this matter
creates the appearance of impropriety and partiality, she must withdraw.
I. The Chair Must Withdraw Because She Has Prejudged the Facts and Created the
Appearance of Partiality
At the pre-hearing conference held September 22, 2023, the Chair stated that she “agree[d]
with [NHLC] that they have shown unsuitability”—past tense. Ex. A at 7 (emphasis added). That
is, the Chair has already decided that Respondents’ unsuitability has been “shown.” In doing so,
the Chair has formed her view on the ultimate issue to be decided in this case—suitability—prior
to a hearing. That is the definition of prejudgment. The Chair has made a “statement[] … which
objectively demonstrates” that “she has prejudged the facts” and under NHLC regulations “good
cause shall exist” under those circumstances to withdraw. Lot 206.03 (emphasis added).
Under New Hampshire law, when an adjudicator has “prejudg[ed] … issues of fact,” there
is “no doubt” that this calls for “disqualification.” Appeal of Lathrop, 122 N.H. 262, 265 (1982)
(quotation marks omitted); see, e.g., N.H. Milk Dealer’s Ass’n v. Milk Control Board, 107 N.H.
335, 339 (1966) (finding plaintiffs were “denied basic due process rights” by agency hearing
officer who “evinced a predetermination” before the hearing); Cinderella Career & Finishing
Schools, Inc. v. FTC, 425 F.2d 583, 589–90 (D.C. Cir. 1970) (finding that agency chair who
appeared to prejudge the facts in a hearing and then participated in that hearing “amounted to a
denial of due process”) (cited and relied upon in Appeal of Lathrop, 122 N.H. at 265).
The Hearing Notice confirms that the hearing in this case is principally meant to address
whether Mr. Sanborn “is suitable to be associated with charitable gaming in New Hampshire.”
Hearing Notice at 2 (Sept. 18, 2023). The Chair has made clear her view: “unsuitability” has
2
already been “shown.” Ex. A at 7. That is unsurprising, given that the Chair leads NHLC, the
same agency that presumed Respondents’ unsuitability in the first place. At minimum, preserving
the appearance of impartiality means not having the adjudicator make a ruling on her own decision
after she has already stated that the decision is correct.
II. The Chair Must Withdraw To Avoid the Appearance of Impropriety
The Chair must withdraw “to avoid the appearance of impropriety.” Lot 206.03(a). That
is so for several reasons.
First, at the September 22, 2023 pre-hearing conference, the Chair stated that she was
reluctant to allow Respondents adequate time to prepare for the hearing because, in her view, “New
Hampshire [i]s very, very small,” the “optics for the agency [are] not good,” and Mr. Sanborn was
causing damage to NHLC’s “brand”:
I don’t care where I am. People are coming up to me all the time. And it’s
damaging our brand.
Ex. A at 6. It is improper for the Chair to be discussing this ongoing case with unidentified third
parties. It is improper for the Chair to openly base her ruling on “optics.” It is improper to blame
Respondents for “damaging [NHLC’s] brand” when the only reason these proceedings have
become highly publicized is because the Attorney General decided to publicly announce them,
while simultaneously taking the unusual step of disclosing the existence of a criminal investigation
by the state (and referral to federal authorities for another investigation) of Mr. Sanborn.1 And
perhaps most of all, the Chair’s statement strongly suggests that she has thus far refused to allow
Respondents enough time to prepare because she views Respondents as harming not just NHLC,
but her personally (“damaging our brand”). That “direct interest in the outcome of the proceeding”
1
N.H. Dept. of Justice, Attorney General Finds Concord Casino Owner Not Suitable to be Associated with
Charitable Gaming in New Hampshire (Aug. 31, 2023), https://tinyurl.com/32eewcf8.
3
itself demands recusal. Lot 206.03(b)(1). No matter how well-intentioned the Chair’s desire to
preserve NHLC’s image, “[i]t requires no superior olfactory powers to recognize that the danger
of unfairness through prejudgment is not diminished by a cloak of self-righteousness.” Cinderella
Career & Finishing Schools, 425 F.2d at 590.
Second, the Chairs has refused to allow Respondents enough time to prepare in part due to
her travel schedule. After finding that Respondents had shown “just cause” to postpone the hearing
to allow them “time to prepare,” the Chair moved the hearing just 10 days—October 3 to October
13. All agree that is nowhere near enough time for Respondents to prepare, especially after NHLC
disclosed—for the first time in a filing made in the middle of the night on Saturday—that they
now plan to call six witnesses and introduce 47 exhibits, many of which were not previously
produced to Respondents.2 Pre-Hearing Order at 1 (Sept. 28, 2023). At the September 22, 2023
pre-hearing conference, the Chair explained that “one reason” she was “trying to get this done”
quickly is because she is “leaving October 16th.” Ex. A at 9. While the nature of the Chair’s
travel is unclear, it is improper to shortchange Respondents’ due process rights—for a hearing that
imperils their livelihood, reputation, and liberty—because of travel plans.
Third, a reasonable observer would find the Chair’s relationship with NHLC’s counsel,
Assistant Attorney General Mark Dell’Orfano (“AAG”), troubling. Prior to the first conference,
Respondents spoke with the AAG and made what should have been an uncontroversial request to
allow Respondents sufficient time to prepare for a hearing. In response, the AAG responded that
he had been “instructed by” NHLC—the same body led by the Chair—to “oppose any motion to
continue the hearing.” Ex. B (emphasis added). It is problematic for a Presiding Officer to—
2
NHLC also apparently intends, in violation of federal law, to introduce evidence related to Suspicious
Activity Reports. Ex. E.
4
directly or indirectly—instruct counsel to oppose motions implicating due process concerns at all
costs and then to assume the role of ruling on those very same motions.3 The AAG has since stated
that he represents the “Investigation and Compliance Division” of NHLC—again, NHLC is the
body led by the Chair—but “do[es] not represent Chair Douglas.” Ex. C. Even if that were a
meaningful distinction, there would still be a problem: if the AAG is not representing the Chair,
then why has the AAG provided legal counsel to the Chair and guided her on-the-record
statements? For example, at the September 22, 2023 pre-hearing conference, when Respondents
tried to seek clarity on the “brand” damage the Chair was referring to, the AAG interrupted the
Chair, advised her to “be careful with that,” and prevented her from providing an answer. Ex. A
at 6. And when Respondents tried to clarify the Chair’s statement that “unsuitability” had already
been “shown,” the AAG once again prevented her from answering. Id. at 7.
There is an obvious appearance of impropriety when the Presiding Officer and counsel for
one of the parties have a quasi-attorney-client relationship. Particularly when the AAG here has
pressed legal positions that cannot be reconciled with New Hampshire law, such as the idea that
“the Attorney General is not subject to [NHLC’s] rules,” Ex. D at 9, or that due process is irrelevant
here because the Attorney General is being “gracious” by even allowing Respondents a chance to
“present [their] case,” id. at 7. In fact, at one point during the September 28, 2023 conference, the
AAG went so far as to deny that the Administrative Procedure Act’s pre-revocation hearing
requirement applies to the Attorney General at all, stating—without support—that this “isn’t one
of those situations” where process is needed. Id. at 9. It is not reasonable to expect the Chair to
preside over a fair hearing when counsel for the body she leads has stated he was “taken aback a
little bit that there’s some kind of expectation that the State has to put on” any evidence. Id. at 7.
3
Respondents’ motion to postpone the hearing until December 3, 2023 remains pending.
5
* * * * *
Separate and apart from the above, the “appearance” of partiality and impropriety requires
recusal. Lot 206.03(a) (emphasis added). Whether or not there is in fact partiality or impropriety,
adjudicators must recuse themselves to “avoid even the appearance” thereof. State v. Bader, 148
N.H. 265, 28 (2002) (quotation marks omitted). Here, a reasonable observer would wonder why
NHLC has departed from its stated practice of using a “neutral and detached” Presiding Officer.
It is no secret that this case is important to NHLC—that much is apparent from the Attorney
General’s press-release, which has caused significant collateral damage to, among other things,
Respondents’ well-being and reputation. It is also a fact that NHLC has tried to minimize
Respondents’ time to prepare and even—subject to an overdue correction from the AAG—argued
that Respondents are entitled to no hearing at all. A reasonable observer fully informed of these
facts would ask, above all else, whether NHLC is ignoring New Hampshire’s impartiality
requirement and attempting to tilt its normal rules in its favor to gain an improper advantage in a
closely watched case in which it hopes to avoid the scrutiny of an independent arbiter.
CONCLUSION
The Presiding Officer must immediately withdraw from this proceeding.
Respectfully submitted,
/s/ Zachary R. Hafer
Zachary R. Hafer
ZACHARY R. HAFER
ADAM M. KATZ
COOLEY LLP
500 Boylston Street
Boston, MA 02116
Tel: 617-931-2300
zhafer@cooley.com
akatz@cooley.com
6
KAITLAND KENNELLY
COOLEY LLP
55 Hudson Yards
New York, NY 10001
Tel : 202-479-6000
kkennelly@cooley.com
MARK T. KNIGHTS
NIXON PEABODY LLP
900 Elm Street
Manchester, NH 03101
Tel: 603-628-4027
mknights@nixonpeabody.com
7
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing notice of appearance has or will be served on the New
Hampshire Lottery Investigation and Compliance Division via electronic mail to Mark W.
Dell’Ofano, Assistant Attorney General, New Hampshire Department of Justice, Civil Law
Bureau, 33 Capitol Street, Concord, NH 03301, mark.w.dellorfano@doj.nh.gov.
Date: October 9, 2023 /s/ Zachary R. Hafer
Zachary Hafer
8
Exhibit Y
THE STATE OF NEW HAMPSHIRE
LOTTERY COMMISSION
IN THE MATTER OF
WIN WIN WIN, LLC, d/b/a “CONCORD CASINO”
(FAC-00074 and GOE-00079)
Docket No. Lot 23-018
FIRST AMENDED PRE-HEARING DISCLOSURE
OF WITNESSES AND EXHIBITS
NOW COMES the New Hampshire Lottery Investigation and Compliance Division
(the “Division”), by and through its attorney, John M. Formella, Attorney General, and
presents its First Amended Pre-Hearing Disclosure of Witnesses and Exhibits.
I. SUMMARY OF AMENDMENTS
A. Amendments to Witness List.
The Division has removed Linda J. Lorden and Greg R. Tewksbury from the list
of witnesses previously disclosed to the Respondent and the New Hampshire Lottery
Commission (the “Commission”) on October 7, 2023.
B. Amendments to Exhibit List.
The Division has removed “Division’s Exhibit 19,” “Division’s Exhibit 24,” and
“Division’s Exhibit 25,” and added “Division’s Exhibit 48,” “Division’s Exhibit 49,”
“Division’s Exhibit 50,” and “Division’s Exhibit 51.”
1
Copies of the Division’s current exhibits can be found at the following link:
https://app.box.com/s/obnuk4gyblwbodefm6c9ad7o2hn7fyvc.
II. WITNESSES
Name Contact Information Summary of Testimony
Leila McDonough, CPA New Hampshire Ms. McDonough will be called as a
(“Ms. McDonough”) Lottery Commission fact witness and expert witness for
Investigation & the Division. Ms. McDonough will
Compliance Division
testify about the following topics:
14 Integra Drive
Concord, NH 03301 • Specific details of the 2022
Phone: 603-230-3104 & 2021 audits of the
Respondent, including her
recollections of conducting
the audits at the
Respondent’s casino.
• Respondent’s financial
condition.
• Respondent’s financial
records.
• Respondent’s taxation.
• Respondent’s applications
for a Main Street Grant, PPP
Loans, and Economic Injury
Disaster Loans.
• Respondent’s and Mr.
Sanborn’s use of the
proceeds from the Main
Street Grant, PPP Loans, and
Economic Injury Disaster
Loans awarded to the
Respondent and The Draft,
LLC.
• Intentionally removed.
• Details concerning Mr.
Sanborn’s purchases and use
of the three race cars alleged
in the Notice of
Administration.
2
Name Contact Information Summary of Testimony
• Respondent’s original and
modified leases with The
Best Revenge, LLC, and rent
payments made by the
Respondent to The Draft,
LLC and The Best Revenge,
LLC,
• Respondent’s intercompany
transfers of monies among
Mr. Sanborn’s various
businesses.
• Respondent’s cash on hand
and Mr. Sanborn’s refusal to
allow her audit team to
perform a verification count
of it.
• Intentionally Removed.
• The New Hampshire
charitable gaming industry.
Anthony M. Sanborn 71 Eagle Dr., Bedford, Mr. Sanborn is anticipated to be an
(“Mr. Sanborn”) NH 03110 adverse witness to the Division. The
Division intends to examine Mr.
Sanborn under oath concerning the
following matters:
• Respondent’s financial
condition.
• Respondent’s financial
records.
• Respondent’s taxation.
• Respondent’s applications
for a Main Street Grant, PPP
Loans, and Economic Injury
Disaster Loans.
• Respondent’s and Mr.
Sanborn’s use of the
proceeds from the Main
Street Grant, PPP Loans, and
Economic Injury Disaster
Loans awarded to the
3
Name Contact Information Summary of Testimony
Respondent and The Draft,
LLC.
• Mr. Sanborn’s purchase and
use of the three race cars
alleged in the Notice of
Administration
• Respondent’s rent payments
among the Respondent, The
Draft, LLC, and The Best
Revenge, LLC,
• Respondent’s intercompany
transfers of monies among
Mr. Sanborn’s various
businesses.
• The source of funds used for
the renovation of the Draft
Restaurant and the
Respondent’s casino.
• The source of funds used in
the Concord Connection,
LLC project at Break ‘O Day
Drive, Concord, NH.
• The Respondent’s
transactions with “Hooville”
• Respondent’s cash on hand
and Mr. Sanborn’s refusal to
allow Lottery’s audit team to
perform a verification count
of it during the 2022 audit.
• Intentionally Removed.
Laurie J. Sanborn 71 Eagle Dr., Bedford, Ms. Sanborn is anticipated to be an
(“Ms. Sanborn”) NH 03110 adverse witness to the Division. The
Division intends to examine Ms.
Sanborn under oath concerning the
following matters:
• Respondent’s financial
condition.
4
Name Contact Information Summary of Testimony
• Respondent’s financial
records.
• Respondent’s taxation.
• Respondent’s applications
for a Main Street Grant, PPP
Loans, and Economic Injury
Disaster Loans.
• Respondent’s and Mr.
Sanborn’s use of the
proceeds from the Main
Street Grant, PPP Loans, and
Economic Injury Disaster
Loans awarded to the
Respondent and The Draft,
LLC.
• Mr. Sanborn’s purchase and
use of the three race cars
alleged in the Notice of
Administration
• Respondent’s rent payments
among the Respondent, The
Draft, LLC, and The Best
Revenge, LLC,
• Respondent’s intercompany
transfers of monies among
Mr. Sanborn’s various
businesses.
• The source of funds used for
the renovation of the Draft
Restaurant and the
Respondent’s casino.
• The source of funds used in
the Concord Connection,
LLC project at Break ‘O Day
Drive, Concord, NH.
• The Respondent’s
transactions with “Hooville”
5
Name Contact Information Summary of Testimony
• Respondent’s cash on hand
day-to-day and during the
2022 audit.
David J. Penchansky, Penchansky & Co., Mr. Penchansky is anticipated to be
CPA. PLLC an adverse witness to the Division.
Accountant for the 70 Stark Street The Division intends to examine
Respondent, Mr. Sanborn, Manchester, NH Mr. Penchansky under oath
and Ms. Sanborn 03101 concerning the following matters:
(“Mr. Penchansky”) (603) 647-2400 • Respondent’s financial
info@penchansky.com condition.
• Respondent’s financial
records.
• Respondent’s taxation.
• Respondent’s applications
for a Main Street Grant, PPP
Loans, and Economic Injury
Disaster Loans.
• Respondent’s and Mr.
Sanborn’s use of the
proceeds from the Main
Street Grant, PPP Loans, and
Economic Injury Disaster
Loans awarded to the
Respondent and The Draft,
LLC.
• Mr. Sanborn’s purchase and
use of the three race cars
alleged in the Notice of
Administration
• Respondent’s rent payments
among the Respondent, The
Draft, LLC, and The Best
Revenge, LLC,
• Respondent’s intercompany
transfers of monies among
Mr. Sanborn’s various
businesses.
• The source of funds used for
the renovation of the Draft
6
Name Contact Information Summary of Testimony
Restaurant and the
Respondent’s casino.
• The source of funds used in
the Concord Connection,
LLC project at Break ‘O Day
Drive, Concord, NH.
• The Respondent’s
transactions with “Hooville.”
Intentionally Removed Intentionally Intentionally Removed October 9,
October 9, 2023. Removed October 9, 2023.
2023.
Intentionally Removed Intentionally Intentionally Removed October 9,
October 9, 2023. Removed October 9, 2023.
2023.
III. EXHIBITS
Exhibit ID Description File Name Witness(es)
Division’s The Attorney General’s Division's 01 - AG's N/A
Exhibit 1 suitability Suitability
determination for Determination-S.pdf
Respondent and Mr.
Sanborn.
Division’s Respondent's Funding Division's 02 - Mr. Sanborn
Exhibit 2 Application to SWC. Respondent's Funding Ms. Sanborn
Application to
SWC_Redacted-S.pdf
Division’s Respondent’s EIDL Division's 03 - WWW Mr. Sanborn
Exhibit 3 application. EIDL Application-
S_Redacted-S.pdf
Division’s Respondent’s Purchase Division's 04 - Mr. Sanborn
Exhibit 4 of Green Porsche using Purchase of Green Ms. Sanborn
EIDL proceeds for Mr. Porsche-S.pdf Ms. McDonough
Sanborn’s personal use.
7
Exhibit ID Description File Name Witness(es)
Division’s Respondent’s Purchase Division's 05 - Mr. Sanborn
Exhibit 5 of Red Porsche using Purchase of Red Ms. Sanborn
EIDL proceeds for Mr. Porsche-S.pdf Ms. McDonough
Sanborn’s personal use.
Division’s Respondent’s Purchase Division's 06 - Mr. Sanborn
Exhibit 6 of Ferrari using EIDL Purchase of Ferrari- Ms. Sanborn
proceeds as a gift for S.pdf Ms. McDonough
Ms. Sanborn.
Division’s Respondent’s payment Division's 07 - TF Mr. Sanborn
Exhibit 7 to TF Moran Payment Moran Payment-S.pdf Ms. Sanborn
using EIDL proceeds Ms. McDonough
for Concord Connection
Project.
Division’s Respondent’s payment Division's 08 - Mr. Sanborn
Exhibit 8 to Geotechnical Payment to Geo Tech- Ms. Sanborn
Services, Inc. using S.pdf Ms. McDonough
EIDL proceeds for
Concord Connection
Project.
Division’s Respondent’s purchase Division's 09 - Mr. Sanborn
Exhibit 9 of auto parts for the Autoparts-S.pdf Ms. Sanborn
Green Porsche, Red Ms. McDonough
Porsche, and Ferrari.
Division’s EIDL Application of Division's 10 - The Mr. Sanborn
Exhibit 10 the Draft, LLC. Draft EIDL Ms. Sanborn
Application_Redacted- Ms. McDonough
S.pdf
Division’s Email from Michael Division's 11 - Email Ms. Sanborn
Exhibit 11 Evans to Ms. Sanborn from Evens to Sanborn
concerning multiple RE EIDL-S.pdf
EIDL applications.
Division’s Mr. and Ms. Sanborn’s Division's 12 - AS & Mr. Sanborn
Exhibit 12 EIDL application for LS EIDL Ms. Sanborn
their real estate Application_Redacted-
business. S.pdf
Division’s Mr. and Ms. Sanborn’s Division's 13 - AS & Mr. Sanborn
Exhibit 13 2019 rental income LS Rental Income Ms. Sanborn
provided in support of 2019 for EIDL-S.pdf
their EIDL application.
8
Exhibit ID Description File Name Witness(es)
Division’s Letter from David J. Division's 14 - Mr. Penchansky
Exhibit 14 Penchansky, CPA to the Accountants Letter for Ms. McDonough
U.S. Small Business EIDL-S.pdf
Administration.
Division’s Receipt of payment to Division's 15 - WWW Mr. Sanborn
Exhibit 15 SpringWest Capital of a Success Fee on $500k Ms. Sanborn
$10,000 success fee for EIDL-S.pdf Mr. Penchansky
securing the Ms. McDonough
Respondent’s EIDL.
Division’s Receipt of payment to Division's 16 - The Mr. Sanborn
Exhibit 16 SpringWest Capital of a Draft Success Fee on Mr. Penchansky
$10,000 success fee for $500k EIDL-S.pdf
securing the The Draft,
LLC’s EIDL.
Division’s Mr. Sanborn’s EIDL Division's 17 - AS Mr. Sanborn
Exhibit 17 application in his EIDL Mr. Penchansky
capacity as a self- Application_Redacted-
employed sole S.pdf
proprietor.
Division’s Commercial Lease Division's 18 - WWW Mr. Sanborn
Exhibit 18 Agreement dated Sept. Lease 2018-S.pdf Ms. Sanborn
17, 2018, between The Mr. Penchansky
Best Revenge LLC as Ms. McDonough
Lessor and the
Respondent as Lessee
for casino space at 67
S. Main Street,
Concord, NH. (Rent:
$500/month).
Division’s Intentionally removed Intentionally removed Intentionally
Exhibit 19 October 9, 2023. October 9, 2023. removed October 9,
2023.
Division’s Respondent’s cash flow Division's 20 - WWW Mr. Sanborn
Exhibit 20 statement from July Cash Flow-S.pdf Ms. Sanborn
2021 through July Mr. Penchansky
2022. Ms. McDonough
9
Exhibit ID Description File Name Witness(es)
Division’s Respondent’s general Division's 21 - WWW Mr. Sanborn
Exhibit 21 ledger as of July 31, GL (July 2022)-S.pdf Ms. Sanborn
2022. Mr. Penchansky
Ms. McDonough
Division’s Ms. McDonough’s Division's 22 - CC Ms. McDonough
Exhibit 22 Analysis of the Operating Acct
Respondent’s Operating Balance Chart-AS.pdf
Account - July 2021-
August 2022.
Division’s Respondent’s financial Division's 23 - WWW Mr. Sanborn
Exhibit 23 transactions January Transactions-S.pdf Ms. Sanborn
2017-August 2022. Mr. Penchansky
Ms. McDonough
Division’s Intentionally removed Intentionally removed Intentionally
Exhibit 24 October 9, 2023. October 9, 2023. removed October 9,
2023.
Division’s Intentionally removed Intentionally removed Intentionally
Exhibit 25 October 9, 2023. October 9, 2023. removed October 9,
2023.
Division’s Respondent’s bank Division's 26 - AUG22 Mr. Sanborn
Exhibit 26 statement dated August #73544-Operating Ms. Sanborn
31, 2022, for account Bank Mr. Penchansky
ending 3544. Account_Redacted- Ms. McDonough
S.pdf
Division’s Respondent’s rent Division's 27 - WWW Mr. Sanborn
Exhibit 27 analysis for its casino Rent Analysis Ms. Sanborn
space at 67 S. Main St., (WWW)-S.pdf Mr. Penchansky
Concord, NH – January Ms. McDonough
2021-December 2022.
Division’s Respondent’s balance Division's 28 - Mr. Sanborn
Exhibit 28 sheet as of August 31, Concord Casino Ms. Sanborn
2022. balance sheet aug Mr. Penchansky
2022 detail-S.pdf Ms. McDonough
Division’s Respondent’s 2022 Division's 29 - Ms. McDonough
Exhibit 29 Audit Report Concord Casino 2022
Audit Report-S.pdf
10
Exhibit ID Description File Name Witness(es)
Division’s Respondent’s 2021 Division's 30 - Ms. McDonough
Exhibit 30 Audit Report Concord Casino 2021
Audit Report-S.pdf
Division’s Listing of recipients of Division's 31 - Main Mr. Sanborn
Exhibit 31 New Hampshire Main Street Grant Funding- Ms. Sanborn
Street Fund Grants S.pdf Mr. Penchansky
Ms. McDonough
Division’s Respondent’s 2023 Division's 32 - 2023 Mr. Sanborn
Exhibit 32 Game Operator GOE Ms. McDonough
Employer license Application_Redacted-
application S.pdf
Division’s Respondent’s 2022 Division's 33 - 2022 Mr. Sanborn
Exhibit 33 Game Operator GOE Application- Ms. McDonough
Employer license S.pdf
application
Division’s Mr. & Ms. Sanborn’s Division's 34 - 2020 Mr. Sanborn
Exhibit 34 2020 Form 1040 1040 Schedules C- Ms. Sanborn
Schedules C, D, and E. E_Redacted-S.pdf Mr. Penchansky
Ms. McDonough
Division’s Respondent’s and Mr. Division's 35 - WWW Mr. Sanborn
Exhibit 35 & Mrs. Sanborn’s 2020 2020 NH Tax Return- Ms. Sanborn
NH Tax Return S_Redacted.pdf Mr. Penchansky
Ms. McDonough
Division’s Renewal Notice for Mr. Division's 36 - Mr. Sanborn
Exhibit 36 Sanborn’s personal Ledyard CD Account - Mr. Penchansky
certificate of deposit Sanborn-S.pdf Ms. McDonough
account ending 3996
dated August 19, 2022
Division’s Comparison of New Division's 37 - CC Ms. McDonough
Exhibit 37 Hampshire casino rents Rent Comparison
charged to charities. 6.30.22_Redacted.pdf
Division’s Mr. Sanborn’s personal Division's 38 - WWW Mr. Sanborn
Exhibit 38 guarantee of EIDL Guarantee-S.pdf Ms. Sanborn
Respondent’s EIDL Mr. Penchansky
Ms. McDonough
11
Exhibit ID Description File Name Witness(es)
Division’s Respondent’s EIDL Division's 39 - WWW Mr. Sanborn
Exhibit 39 Loan Agreement EIDL Loan Ms. Sanborn
Agreement-S.pdf Mr. Penchansky
Ms. McDonough
Division’s Respondent’s EIDL Division's 40 - WWW Mr. Sanborn
Exhibit 40 Lobbying Certification EIDL Lobbying Cert- Ms. Sanborn
S.pdf
Division’s Respondent’s EIDL Division's 41 - WWW Mr. Sanborn
Exhibit 41 Promissory Note EIDL Promissory Ms. Sanborn
Note-S.pdf Mr. Penchansky
Ms. McDonough
Division’s Respondent’s EIDL Division's 42 - WWW Mr. Sanborn
Exhibit 42 Security Agreement EIDL Security Ms. Sanborn
Agreement-S.pdf Mr. Penchansky
Ms. McDonough
Division’s US. Small Business Division's 43 - EIDL Mr. Sanborn
Exhibit 43 Administration FAQs-S.pdf Ms. Sanborn
Frequently Asked Ms. McDonough
Questions about
COVID-19 EIDL
Division’s US. Small Business Division's 44 - SBA Mr. Sanborn
Exhibit 44 Administration SOP 50 30 9-FINAL- Ms. Sanborn
Standard Operating S.pdf Ms. McDonough
Procedure 50 30 9 –
Disaster Assistance
Program
Division’s 13 CFR 123.303 - Division's 45 - 13 CFR Mr. Sanborn
Exhibit 45 Allowed Uses of EIDL 123.303 - Allowed Ms. Sanborn
Proceeds Uses of EIDL Ms. McDonough
Proceeds – S.pdf
Division’s 13 CFR 123.301 - EIDL Division's 46 - 13 CFR Mr. Sanborn
Exhibit 46 Ineligible Businesses 123.301 - EIDL Ms. Sanborn
Ineligible Businesses - Ms. McDonough
S.pdf
Division’s Federal and State Division's 47 - PPP Mr. Sanborn
Exhibit 47 COVID-19 relief EIDL and State Ms. Sanborn
monies received by the COVID-19 Funds- Mr. Penchansky
Respondent and the S.pdf Ms. McDonough
Draft
12
Exhibit ID Description File Name Witness(es)
Division’s Analysis of Main Street Division's 48 - MSRF Ms. McDonough
Exhibit 48 Relief Funding Awards Awards as a
by 2020 Gross Gaming Percentage of 2020
Revenue GGR_Redacted-S.pdf
Division’s Commercial Lease Division's 49 - WWW Mr. Sanborn
Exhibit 49 Agreement dated Sept. Lease 2022-S.pdf Ms. Sanborn
17, 2022, between The Mr. Penchansky
Best Revenge LLC as Ms. McDonough
Lessor and the
Respondent as Lessee
for casino space at 67
S. Main Street,
Concord, NH. (Rent:
$20,000/month).
Division’s Analysis of Division's 50 - Ms. McDonough
Exhibit 50 Respondent’s 2020 Analysis of
gross gaming revenues Respondent's Reported
reported to NHLC GGR 2020_Redacted-
S.pdf
Division’s Examples of Division's 51 - Mr. Sanborn
Exhibit 51 motorsports payments Examples of Ms. Sanborn
made from The Draft’s Motosports Payments Mr. Penchansky
EIDL Proceeds from Draft's EIDL Ms. McDonough
Proceeds-S
Copies of the Division’s current exhibits can be found at the following link:
https://app.box.com/s/obnuk4gyblwbodefm6c9ad7o2hn7fyvc.
The Division reserves the right to add, amend, modify, supplement, or remove any
witness or exhibit to or from the above lists.
13
Respectfully submitted,
NEW HAMPSHIRE LOTTERY INVESTIGATION
AND COMPLIANCE DIVISION
By its attorney,
JOHN M. FORMELLA
ATTORNEY GENERAL
Date: October 9, 2023 By:
Mark W. Dell’Orfano (#19962)
Assistant Attorney General
New Hampshire Department of Justice
Civil Law Bureau
33 Capitol Street
Concord, NH 03301-6397
Tel: (603) 271-3650
Email: mark.w.dellorfano@doj.nh.gov
14
CERTIFICATE OF SERVICE
I certify that copies of the preceding First Amended Pre-Hearing Disclosure of
Witnesses and Exhibits were transmitted via email to the Respondents’ legal counsel,
Zachary R. Hafer, Esq. at zhafer@cooley.com, Adam M. Katz, Esq. at akatz@cooley.com,
and Mark Knights, Esq. at mknights@nixonpeabody.com.
Date: October 9, 2023
Mark W. Dell’Orfano
15
Exhibit Z
Zachary Hafer Transmitted via Electronic Mail
T: +1 617 937 1370
zhafer@cooley.com
October 10, 2023
Mark W. Dell’Orfano
Assistant Attorney General
New Hampshire Department of Justice, Civil Law Bureau
33 Capitol Street, Concord, NH 03301
Email: mark.w.dellorfano@doj.nh.gov
Re: Urgent Request for Information
Action: In the Matter of Win Win Win, LLC, d/b/a “Concord Casino”
Docket No. Lot 23-018
Dear Mr. Dell’Orfano:
Having received your First Amended Witness and Exhibit List last night, we are increasingly
concerned that the investigation of Respondents may have violated federal law. To that end, please
promptly provide the following:
1. The date on which the NHLC obtained the
included on your October 7, 2023 Exhibit list.
2. The name(s) of the individuals from NHLC who first obtained the .
3. The name(s) of the individual(s) at Merrimack County Savings Bank and/or New
Hampshire Mutual Bank Corporation who disclosed the to NHLC.
4. The name(s) of the individual(s) from the Attorney General’s Office who first obtained
the , and the circumstances in which they obtained it.
5. The legal authority on which NHLC and the Attorney General’s Office relied in obtaining
the from any bank or financial institution
6. All investigative steps taken by NHLC or the Attorney General subsequent to receiving
the
7. A list of all individuals at NHLC or the Attorney General’s Office who have viewed or
had access to the
8. The permissions, if any, you received permitting disclosure and use of the
in a civil administrative proceeding prior to including it on your October 7 Exhibit List.
9. The basis for your removal of the , and all related witnesses and testimony,
from your First Amended Witness and Exhibit List, filed last night.
Cooley LLP 500 Boylston Street 14th Floor Boston, MA 02116-3736
t: +1 617 937 2300 f: +1 617 937 2400 cooley.com
October 10, 2023 Transmitted via Electronic Mail
Page Two
As you know, NHLC has a duty to “attempt in good faith to make a complete and timely response
to requests for … voluntary production.” Lot 215.01(a). Of course, NHLC also has a duty to
comply with federal law. Failing to make any productions – indeed, failing to even engage with
Respondents on discovery – while simultaneously seeking affirmative use of restricted material,
all while insisting on an expedited hearing date, is not good faith.
Sincerely,
/s/ Zachary R. Hafer
Zachary Hafer
Cooley LLP
500 Boylston Street
Boston, MA 02116
Counsel to Win Win Win, LLC d/b/a/ “Concord
Casino” and Anthony M. Sanborn
cc: New Hampshire Lottery Commission
Cooley LLP 500 Boylston Street 14th Floor Boston, MA 02116-3736
t: +1 617 937 2300 f: +1 617 937 2400 cooley.com
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