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Home Source documents 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)

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.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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




                                                -2-
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.




                                                -3-
       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.




                                                 -4-
       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




                                                  -5-
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,




                                                 -6-
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




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                                                                                   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


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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.


                                                                                                13
Sanborn Pre Hearing Recording 9-22-23
October 6, 2023
Transcript by TransPerfect


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)




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                                                    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                                                                                            >




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https1/www.usaspanding.gov/award/ASST_NON_2913139103_7300
  10/3122, 11:01 AM                                                 LOANS to WIN WIN WIN, LLC I USAspending




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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

     ', .....   ~   .... ; ..   /,.          _
                                      .. .....   ...... ,...-, ...-·,--..-.--.--.--...----       -                     ,,,._.   - ·- -·-·-··.,...
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     {

     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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          -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.


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                                        .. • - . , .                          •                                            r•                                    :

 "'~-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
                                              I --- l ..
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      !Is~                     -             ~..;:-                                J!I                  s ~::~- '
                                                                                                          ~~


                          ~~
                           ~~~
                         •Ol!DH~• Clla .. 7DH5a: noouii
                                                              ~
                                                                   ~~.,='IL                                           .
      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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                                                                                                                         --4'- - -                 . .. -                ~       -- --...,,. .
, .. L..3...r,~1~ ...;:::...t ~ - ( L . ~ ~ t r__._.,.~
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                                                                                                                                                                                                                         c.- - -j
                                                                                                                                                                                                                                -
    ,- ---~;-
    I                          •                                    TO"FAL(S} THIS F..:..Ge
                                                                                                                                              I             I
                                                                                                                                                            I
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                                                                                                                                                                         I
                                                                                                                                                                         I
                                                                                                                                                                                                                            /

                                                                        ... ~TAI f,=;\ Tn nATF                                                l
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
                                                                            I

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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



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 Adiournment

 Information

 Info.      September 6, 2022 - Architectural Design Review Committee Minutes
 01
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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
                                                                     (/online/Home/)0      Back to Home (lonline)



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).
                                                     © 2022 State of New Hampshire.
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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).
                                                   © 2022 State of New Hampshire.
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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
                                                 (/online/ Home/ ContactUS).
                                                   © 2022 State of New Hampshire.
                                                                     (/online/Home/)(t} Back to Home (lonline)


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
                                                   _(/online/ Home/ ContactUS).
                                                     © 2022 State of New Hampshire.
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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
                                                 (lonline/ Home/ ContactUS).
                                                  © 2022 State of New Hampshire.
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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
                                                      (/online/ Home/ ContactUS).
                                                       © 2022 State of New Hampshire.
                                                                          (/online/Home~        Back to Home (/online)



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).
                                               © 2022 State of New Hampshi re.
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
                                                                      (!online/Home/)@     Back to Home Uonline)


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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 B_ill~ab_I_e ___                                                'J._Jo._10_____.
            Case: 05-10083-MWV Doc#: 1 Filed: 01/11/05 Desc: Main Docume nt                                                                                         Page 1 of 7
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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
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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
rrim;ick Cuunty                    ft Horne   Q.    0    ,;:     Q '\1 rrimnck County   /- R      I   -.   Ji"..1111 ''i a,•1r,.- :•11                                                                                if ~ r,Ori
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                                                                                                                                                               Record                   Book
           #          <!>     •=   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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                                                                                                                                            Record                         Book
#    ®   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
                            tll'1 ;·    0. Searc1-,     & S11pp        l,'l   rrim~ck Co                            Notillcation                                   ~




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                                      ~W•..,   .. Search      Support   I) '    'Tiack ..   li,}   • R   ng l\c:tivity Notification                                                                                ,,   "XJ ,


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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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   I                                                                                                                                                                     Record                   Book
        #    ®      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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rrtm.ick County                  fl Herr   0. ,;,, rr,     0 Support   I) Mf>rrirnack County   /- Roccrclin\J   .. 1)1 Nm'•' ·•;:1,                                                                                   ;   Log ,,
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         #         .., iii      Status                   Search Name         Grantor                                                  Grantee
                                                                                                                                                                 Record
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                                                                                                                                                                                             Type
                                                                                                                                                                                                    Book   Page   docket # plan ,


          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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         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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Document                              Name *                                          , sanbom anthony


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                                      Begin Date                                      I 08/01/1823
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rrimack C
cial Record'
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   I                                                                                                                                                          Record                      Book
       #       <!>     !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
                                                                                                                  II
                                                                                 Wl::LCOME Nl:'TTII:: A I
                                                                                                    A

       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
nun 1ch r.ounty
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                                                                                                                                                                                  Record                   Book
      #       <!!>   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
rrimack County
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                                                                                                                                                    Record                   Book
       #     <!>    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
                                                                         SANBORN AM IND PTNR
                                                                         SANBORN ANTHONY M IND PTNR
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           111111rnt   l'IJ..'             Name •                                1sanborn laurie


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                                           Begin Date                             06/01/1823          ~       Y~Me rrtny                  0 1,1est


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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:
rrimack County
cial Records s~arch
                       # H.'.lr   a. - ,,.    f)            ,p, •            Q l,'u"'"          Counly   I-        :~, 1,ng A• t     Notification                                                                                    , :. o,
   I                                                                                                                                                                  Record                           Book
       #    ®    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
rrlmack County
r 1l ltliuu,1~ St:-,oc'-
                            «Home   O. Search   t)    )f:     Q Mon i, 1ack County   ,,   I ::   fd1r y A•.:11'/fh ~tntl1 .;.n;i:m                                                                             ;   Log



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                                                                                                                                                  Record
                                                                                                                                                  Dale
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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
             tyh               O. Search     8 Support       I) Marrim ck                            VJ,• .~f""I       .r
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                                                                            I Both                                 - ----:i
Name                         Party Type                                                                                 v ,


Document Type                Name •                                             sanborn laurie


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                             Document Type
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                             Begin Date                                         08/01 /1823
                                                                                                 ml                           Today     Olde<t


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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
 !ill Rfl• Ol'(lt_ ~-··· ....

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                                                                                                                                                                                         Record                                Book                  dock•
         #        ®       lii   Status         Search Name                                                         Grantor                                 Grantee                                    Doc Type                        Book   Page
                                                                                                                                                                                         Date                                  Type                  #
          2G               +                      ·-   ., I _,   LI" ~   11~   I                                            ~
                                                                                                                                KENNETH                                                               \."°'   I   00!   •IJ'                 o.      51371
                                                                                                                    "ORTll."R l\iANCY
                                                                                                                    GOSS[ r,11\RY '.:



                                                                                                                    SANBORN LAUHIE J

                                                                                                                                ,,
                                                                                                                    SHELLflACK HARBOR I.LC

                                                                                                                    ..  '       '",!    1 -.. .   r.1.rr




          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
,ri111.1(;k Counly
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                                      Home   0. Search   I   SP;   Q Merri nack County   ;,   .: r •   (I A I ,,   Notification                                                                  ,,
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                                                                                                                                                        Record
                                                                                                                                                                     Doc Type
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                                                                                                                                                                                                      dock,
                                                                                                                                                        Date                     Type                 #

          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
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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
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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
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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
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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
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           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
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                                                                                                       SMITH RICHARD E
                                                                                                       STONEHAM CLARENCE B
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           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
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                                                                                                       SANBORN LAURIE J TR
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                                                                                                       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!
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           46                 +    V               SANBORN LAURIE J REVOCABLE TRUST BY TR              HAYSLIP & HODGKINS REALTY                        12/23/2005   WAIVER      OPR    2854   0475   6306(
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47                   +     V            SANBORN LAURIE J REVOCABLE TRUST BY TR             HERRMANN MICHAEL                                             05/06/2008   WAIVER      QPR    3064   0059   70821
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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!
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49                    +    V            SANBORN LAURIE J REVOCABLE TRUST BY TR             CONCORD CITY OF                 THIRTY-ONE SOUTH MAIN        12/12/2005   QUITCLAIM   QPR    2850   1772   6293!
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50                    +    V             SANBORN LAURIE J REVOCABLE TRUST BY TR            SANBORN LAURIE J REVOCABLE                                   05/17/2006   TRUSTEES    QPR    2892   1812   5447;
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    Document Ty e                            Name *                                      sanborn laurie


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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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                                                                                                                                                                                                                            Type
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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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                                                                                                                          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
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                                                                                                                          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
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                                                                                                            SANBORN LAURIE J TR
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                                                                                                            LEBLANC ANDREA
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                                                                                                            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
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                                                                                                            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
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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
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          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
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          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
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          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
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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
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          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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Name                                 Party Type                                           Both
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                 Tvp,,               Name *                                           ' best revenge

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                                     End Date                                                                [rn       Ye:         ,'.Icy             Tu OY

                                                                                      [ Search the last ... Days                             v:
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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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                                                                                                                                                             Record                         Book
          #        ®       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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           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
                                                          LLC
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      13           +     V                        BEST REVENGE        BEST REVENGE LLC                                                       05/13/2016   DISCH       OPR    3514   2615   201600007600
                                                  LLC

      14           +     V                        BEST REVENGE        BEST REVENGE LLC                          TD BANKNORTH N A             07/31/2006   SUB AGREE   OPR    2915   0665   652708
                                                  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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     .1nc11mrm1 Tyt>r.                  Name *                               best revenge


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    I                                                                                                                                                          Record                         Book
         #        ®      ·-    Status                 Search Name             Grantor                                          Grantee                                      Doc Type                  Book   Page   docket# plan #
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          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
                                                                                    I
                                                                               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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          #         ®        iii   Status          Search Name         Grantor                                              Grantee                         Doc Type           Book   Page   docket # plan #
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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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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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         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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      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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Name                            Party Type                                                                                  v -1
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            Typ                 Name *                                    hooville


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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
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                                                                        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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Politics > State-House

New documents deepen harassment accusations against Sanborn
    •   Previous



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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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


                                         1
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.




                                            2
          •   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

                                            3
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.



                                             4
          •   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.




                                            5
SO ORDERED
NEW HAMPSHIRE LOTTERY COMMISSION




Date                 Debra M. Douglas, Chair




                              6
Exhibit K
Sanborn Pre Hearing Recording 9-27-23
October 6, 2023
Transcript by TransPerfect

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


                                                                                           1
Sanborn Pre Hearing Recording 9-27-23
October 6, 2023
Transcript by TransPerfect

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


                                                                                           2
Sanborn Pre Hearing Recording 9-27-23
October 6, 2023
Transcript by TransPerfect

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


                                                                                                3
Sanborn Pre Hearing Recording 9-27-23
October 6, 2023
Transcript by TransPerfect

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


                                                                                                4
Sanborn Pre Hearing Recording 9-27-23
October 6, 2023
Transcript by TransPerfect

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


                                                                                                5
Sanborn Pre Hearing Recording 9-27-23
October 6, 2023
Transcript by TransPerfect

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.


                                                                                             6
Sanborn Pre Hearing Recording 9-27-23
October 6, 2023
Transcript by TransPerfect

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


                                                                                            7
Sanborn Pre Hearing Recording 9-27-23
October 6, 2023
Transcript by TransPerfect

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.
If you are the intended recipient, please be advised that the content of this message is subject to access, review and disclosure by the sender's Email System
Administrator.




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.
If you are the intended recipient, please be advised that the content of this message is subject to access, review and disclosure by the sender's Email System
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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.
If you are the intended recipient, please be advised that the content of this message is subject to access, review and disclosure by the sender's Email System
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                                                                                   9
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.
If you are the intended recipient, please be advised that the content of this message is subject to access, review and disclosure by the sender's Email System
Administrator.




                                                                                   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


File and source

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