Concord Casino owner Andy Sanborn’s long-delayed hearing to revoke his gambling licenses is scheduled to take place on Monday, giving him the chance to refute accusations by state officials that he fraudulently acquired and misappropriated COVID-19 relief funds.

After successfully pushing it back three times, the hearing is scheduled for December 11 at 9:30 a.m. at the New Hampshire Lottery Commission.

Sanborn’s legal battle stemmed from a joint investigation by the Attorney General and the Lottery Commission, which found him unsuitable to be associated with charitable gaming in the state.

The findings of the eight-month investigation made public on August 31, accused the former state senator of fraudulently obtaining $844,000 in federal COVID relief funds and using the money to sustain his extravagant lifestyle, which involved the purchase of sports cars for both himself and his wife, State Representative Laurie Sanborn.

The relief funds were intended for struggling small businesses and casinos were exempt from receiving the money. Sanborn got around that, investigators say, by concealing the registered trade name “Concord Casino” on his application, using the name “Win Win Win LLC” instead and listing the business activity as “miscellaneous,” authorities said.

“Despite nearly five years of licensed operations, we have grave concerns with Concord Casino’s continuing involvement in gaming in New Hampshire,” the Lottery Commission’s suitability report on Sanborn states. “This review has identified that Mr. Sanborn has a general disregard for compliance with laws, rules, and procedures.”

Sanborn made a request for a hearing and it was initially set for Oct. 3. Then it was postponed to Oct. 13 when Sanborn’s lawyers argued that they needed more time to analyze documents and prepare for the hearing. Sanborn’s health was also cited by his attorneys as one of the reasons for the need to postpone the hearing.

On October 23rd, Sanborn’s attorney successfully secured yet another postponement and gained concessions at Merrimack County Superior Court. Their argument revolved around the Lottery Commission’s perceived inconsistency in its procedures, a lack of responsiveness to discovery requests, and Sanborn’s demand to appoint a new presiding officer for the hearing.

The court ordered the appointment of a trained hearings examiner from another New Hampshire state agency as the presiding judge for the proceeding.

Previously, the head of the hearing panel was Debra Douglas, the chair of the lottery commission.

“I think at this point that it’s really just a delay that they’re using, despite being offered essentially everything they have articulated that they wanted,” said the commission’s attorney, Christina Wilson at October’s court hearing. “I think that they want to drag this process out even further to leverage settlement and try to force the commission to settlement.”

If Sanborn is found unfit for charitable gaming, he could lose his gaming license and his casino license.

Sanborn maintains that he did nothing wrong.

“We strongly believe that the allegations are false and we have a story to tell,” said Mark Knights, one of Sanborn’s attorneys. “The story that’s been out there so far is pretty one-sided. But we’re pretty confident that when all the facts are heard Mr. Sanborn will be found not to have done all these things.”

While Sanborn is in a legal battle with the Lottery Commission, his business, Concord Casino on Main Street in Concord shows no signs of slowing down. It continues to remain open until 1 a.m., seven days a week. On average it takes in about $2,000 a night in winnings.

Records show the Concord Casino takes in about $1 million a year in revenue. Of that amount, 35% is supposed to be given to licensed charities and non-profits. But Sanborn keeps half of those payouts in the form of rent he charges the charities.

Sanborn is also the subject of two criminal investigations by both state and federal authorities. He was approved by the Concord Planning Board to open a larger gaming and entertainment facility on Loudon Road, but those plans are being challenged in court.

 Sanborn’s casino license is set to expire on Dec. 31.