The New Hampshire Supreme Court recently issued a ruling that affects Win Win Win, LLC, which operates the Concord Casino. The court upheld the New Hampshire Lottery and Gaming Commission's (Commission) decision to deny the casino's request for an extension to sell its operations and to approve a prospective buyer's gaming licenses. This ruling is significant as it impacts the future of charitable gaming in New Hampshire and the operations of the Concord Casino.

The case, known as Appeal of Win Win Win, LLC (docket number 2024-0722), was argued on February 10, 2026, and the opinion was issued on October 28, 2026. The court's decision comes after a series of audits and investigations into the casino's financial practices and the suitability of its management.

Background

Win Win Win, LLC, doing business as Concord Casino, is a charitable gaming facility that received its operational licenses in 2018. The casino's troubles began in 2021 when the Commission conducted an audit that revealed several issues with the casino's financial documentation. A subsequent audit in 2022 raised concerns about the casino's application for an Economic Injury Disaster Loan (EID loan) from the Small Business Administration.

In 2023, the Commission and the New Hampshire Attorney General's office conducted a suitability review of the casino and its owner, Anthony M. Sanborn. The review concluded that both the casino and Sanborn were unsuitable to be associated with charitable gaming due to credible evidence suggesting they unlawfully obtained the EID loan and misused its proceeds. This led to an administrative action against the casino, which resulted in a forced-sale order requiring WWW to sell to a Commission-approved buyer within six months or face revocation of its licenses.

The casino found a potential buyer and entered into a purchase agreement contingent upon obtaining the necessary gaming licenses. As the deadline approached, the Commission had not completed its review of the buyer's applications. The casino requested an extension of the deadline, which the Commission denied, although it stayed the revocation of WWW's licenses pending further review.

The Ruling

The Supreme Court of New Hampshire affirmed the Commission's decisions regarding both the denial of the license applications and the request for an extension of time to comply with the forced-sale order. The court ruled that the petitioners, Win Win Win, LLC and Sanborn, had standing to appeal the Commission's order because they suffered a direct financial injury from the denial of the licenses.

The court stated, "The Commission and the AG jointly determined that the buyer and WWW were unsuitable to be associated with charitable gaming for two reasons." This determination was based on Sanborn's continued involvement with WWW and the buyer's failure to demonstrate financial capacity.

The court noted that the Commission had valid grounds for denying the licenses, specifically that the buyer did not have the financial means to fulfill the purchase agreement and that Sanborn's ongoing connection to the casino raised concerns about their suitability. The court emphasized that the Commission's findings were lawful and reasonable based on the evidence presented.

Impact

This ruling has significant implications for the future of Win Win Win, LLC and the Concord Casino. By upholding the Commission's decisions, the court effectively prevents the casino from continuing its operations under the current management and ownership structure. The ruling reinforces the Commission's authority to regulate gaming operations and ensure that those involved meet the necessary standards for suitability.

The decision also highlights the importance of financial integrity and compliance within the gaming industry. It serves as a warning to other gaming operators about the consequences of financial mismanagement and the need for transparency in their operations. The ruling may set a precedent for how similar cases are handled in the future, particularly regarding the suitability of operators and their financial practices.

What's Next

Following this ruling, Win Win Win, LLC may seek to appeal the decision to a higher court, although details regarding any potential appeal were not available in the court filing. The casino may also explore other options for restructuring its operations or finding new buyers who can meet the Commission's requirements for licensing.