In a new filing, a lawyer for embattled casino owner Andy Sanborn said that contrary to the state’s arguments, there is significant public interest in giving Sanborn more time to sell the business the state shut down in December.

Under a new owner, attorney Zachary Hafer argued, Concord Casino would resume sharing thousands of dollars with charities and the state; expand its operation and thereby taxes; and rehire people who lost their jobs in December. A sale, Hafer said, would also mean Sanborn could repay the $844,000 in federal pandemic loans the state alleges he misappropriated. 

Sanborn hasn’t been charged but it was that allegation, made by the Attorney General John Formella a year ago, that led the state to order Sanborn to close and sell Concord Casino.

Administrative Law Judge Gregory Albert is scheduled to take up Sanborn’s argument and the state’s counterarguments Thursday morning. He doesn’t have much time to rule on Sanborn’s deadline extension request.

If Sanborn does not sell the casino by Sept. 30, his charitable gaming license will be suspended for two years, rendering the casino virtually unsellable.

Hafer indicated in his filing Tuesday that Sanborn doesn’t need much more time. 

A buyer has signed a purchase and sale agreement with Sanborn, Hafer said. The unnamed buyer will close as soon as the New Hampshire Lottery Commission completes its background check and deems him “suitable.” 

According to Hafer’s filing Tuesday, lottery officials recently indicated they anticipate completing their review by Sept. 30 but cannot say for certain. Sanborn would still need a day or so to complete a closing. 

“That means that, absent an extension, it is frighteningly possible that the state’s review of the buyer could end on October 1, 2024 or quite soon thereafter,” Hafer wrote. “Were that to happen, New Hampshire charities and taxpayers would forego millions of dollars of revenue, and the long list of other negative consequences listed above (including lost tax revenue and jobs) would come to fruition, all as a result of missing a deadline by hours due to factors entirely outside of (Sanborn’s) control.”