Andy Sanborn’s legal team is seeking another extension to finalize the sale of Concord Casino, arguing that the stakes are higher than just his financial future — they’re about the broader public interest.

With the deadline rapidly approaching on Sept. 30, Sanborn’s attorneys are asking for an additional 15 days to wrap up the deal, starting from the time when the New Hampshire Lottery Commission delivers its decision on the buyer’s suitability.

If the sale falls through, Sanborn stands to lose the proceeds from the transaction, and Concord Casino might remain shuttered, cutting off one of the few charitable gaming venues in the state. Sanborn’s license will also be revoked for two years if he fails to sell the casino by the deadline.

However, state attorney Mark Dell’Orfano pushed back, arguing that the charitable contributions of Concord Casino, operated by WIN WIN WIN LLC, have been relatively small compared to the larger gaming landscape.

“I think that it’s important for folks to understand that WIN WIN WIN LLC was not a major player here and there’s a bunch of starving children out on the street now,” said Dell’Orfano. “While there’s a public interest in putting these monies to work for not-for-profits, there’s no public interest in allowing Mr. Sanborn a financial windfall from selling his gaming license.”

In 2023, Concord Casino contributed $173,095 to charities compared to other casinos. Aces and Eights Casino in Hampton, despite being closed from May to September, donated $103,872, a sum not far off from what Concord Casino gave.

Meanwhile, Northwoods Casino gave the least at $81,161, while The Brook topped the list with $7,809,968 in donations.

Even though Concord Casino’s contributions might seem small next to others, Steve Corke, executive director of Family Promise of Greater Concord, said that every dollar makes a difference.

Last year, the organization that helps those at risk of homelessness received just over $2,000 from Concord Casino. Though modest, it significantly impacted operations.

The money could be used to assist families with rent, a security deposit, vehicle repairs, or even to cover basic utility costs.

“Any money that we get in is just another family that we’re able to help,” said Corke. “So anything we get in, whether it’s $25 or $2,000 is super helpful.”

Family Promise has managed to partner with Aces and Eights Casino. But many other charities previously supported by Concord Casino are still struggling to find new casinos. Since the legalization of casino-style gambling in 2006 in New Hampshire, some organizations have yet to land a place on the rosters of the state’s 12 active casinos, which is how donations are doled out.

Sanborn’s team is leveraging this situation to push for an extension, highlighting the potential loss in charitable donations and the far-reaching impact of losing one casino in the state.

Zach Hafer, Sanborn’s attorney, said that with an extension, Concord Casino could reopen, allowing it to start generating revenue for charities and the state.

“It would end the enormous expenditure of taxpayer resources litigating all of these issues,” said Hafer. “It truly will be a win for everyone. But they’re fighting on for what, for who?”

Attorneys representing the Lottery Commission argued that Sanborn has asserted that the commission needs more time to thoroughly vet the buyer. They opposed the motion to extend the deadline for selling the casino and said that any request for an extension for this reason should originate from the Lottery Commission itself, not from Sanborn.

One of the main concerns for Sanborn’s legal team is if the Commission approves the buyer at the last moment, it might be too late to finalize the necessary paperwork with the out-of-state buyer.

Despite having a 75-page purchase and sale agreement already in place, the deal’s completion hinges on the Commission’s approval of the buyer’s charitable gaming credentials.

“This is a matter of signing paperwork,” said Katz. “Fifteen days is meant to give us some breathing room to just close this thing and be done with it.”

It’s been over a year since a joint investigation by the New Hampshire Attorney General and the Lottery Commission revealed that Sanborn had fraudulently obtained and misused $844,000 in pandemic relief funds — money that was meant for small businesses, not casinos.

Since then, Sanborn has been ordered to sell Concord Casino and a criminal investigation is underway.

Sanborn’s legal team has consistently accused the Lottery Commission of acting in bad faith and deliberately delaying the sale. However, attorneys for the Commission refuted the claim and said that until recently, it was unclear whether Sanborn had a viable buyer.

Hafer said an extension would ensure a competent casino operator takes over Concord Casino, plus it would restore jobs and allow everyone to move on.

“His reputation is in tatters. He has incurred massive financial damages as the value of this license has been greatly diminished and he’s taken on enormous legal, banker and related fees,” said Hafer. “He’s under criminal investigation, so trying to hurt him, they have succeeded mightily.”

Sruthi Gopalakrishnan  can be reached at sgopalakrishnan@cmonitor.com