Two experts were dismissed from the fraud case against Andy Sanborn after a judge concluded that the state engaged in gross negligence upon investigating the matter
One of the lawsuits against Andy Sanborn, the owner of Concord Casino and former New Hampshire senator, recently hit a snag.
Gross Negligence Halts Theft Lawsuit
The former senator has been subjected to separate lawsuits, one alleging fraud and the other one claiming theft. However, the New Hampshire Attorney General’s (NHAG) office lawsuit alleging theft had reportedly halted due to “gross negligence.”
As announced by New Hampshire Public Radio, Judge John Kissinger with the Merrimack County Superior Court, recently concluded that the state failed to protect the privacy of legal documents between Sanborn and his attorneys. In addition, the suspect’s defense was also not permitted to identify which documents contained sensitive data, effectively breaching his attorney-client privilege.
“The Court finds that the NHAG exhibited gross negligence at several points throughout its execution of the warrant and subsequent taint review of the seized material that rises to the level of prosecutorial misconduct. Plainly, the following conduct demonstrates a complete lack of respect for the Petitioners’ attorney-client privilege and work product protections,“
reads the order signed by Judge John Kissinger on January 14, 2025
The “gross negligence” described by the Judge resulted in the dismissal of Assistant Attorney General David Lovejoy, along with the removal of Don Swanson, a forensic financial expert, from the theft case. Moreover, the gross negligence that Judge Kissinger concluded was present during the investigation resulted in the dismissal of the state’s fraud case against the Concord Casino owner. Still, it’s important to note that this doesn’t mean that the charges against Sanborn were removed. Judge Kissinger also disagreed to grant the attorney’s fees, as requested by Sanborn.
“The Court will schedule a status conference to address what, if anything, remains to be dealt with in this case that cannot be litigated in the related criminal matter,“
Judge Kissinger concluded
The Legal Battle Continues
While the fraud case against the Concord Casino owner hit a snag, this is not what happened to the second lawsuit against him. A separate criminal theft case lawsuit filed by the state against Sanborn and Win Win Win, a company he owns, was greenlighted to proceed by Judge Kissinger.
Ahead of the latest development of the ongoing legal battle in New Hampshire, lawmakers called for a review of the license revocation of Concord Casino. Sanborn’s casino license was revoked late last year after a judge’s decision permitting the New Hampshire Lottery Commission to strip the license. This put the former senator’s efforts to sell the casino on hold.
But lawmakers argued that selling Concord Casino is in the public’s interest and filed a request with the state’s Supreme Court, asking it to review the matter. It is currently unclear whether or not the Supreme Court would agree to review the license revocation case and if it does, what would be the outcome.
