Hart nephew convicted of gambling in Mass 15 years ago

Two brothers who managed the Lakes Region Greyhound Park for years — both nephews of track owner Allan Hart — were convicted of illegal gambling in Massachusetts in September 1998, a magazine reports.

State law prohibits racetracks from knowingly hiring anyone convicted of state or federal gambling charges in the previous 10 years. The Hart family took over the track in 1991, Richard Hart became general manager in 1992 and Kenneth Hart became operations manager in early 1998.

Court records show Richard pleaded guilty in Suffolk County Superior Court in Boston to taking part in a sports betting conspiracy, the New Hampshire Business Review reported Friday. He was fined $3,000 and placed on probation for six months.

Kenneth was convicted of the same charge on the same date. He was fined $1,000 and given one year of probation.

Allan Hart, reached at the track Saturday, declined to reply when asked whether he knew about his nephews' gambling convictions, saying he had not read the article.

Rick Newman, a spokesman and lobbyist for the track, told The Union Leader on Friday he did not know whether the convictions amounted to charges "relative to gambling" under state law.

He also said a state Pari-Mutuel Commission rule is more lenient. The rule says no racetrack employee can be licensed for two years after any conviction on a misdemeanor involving "violation of the gaming laws."

Richard Hart, 45, of Londonderry, remained as the track's general manager until he was indicted last month on money laundering and other charges involving a $200 million offshore gambling conspiracy with links to organized crime. The track's assistant general manager, Jonathan Broome, also was indicted.

Allan Hart has not been charged, but has admitted to helping set up International Players Association LLC, the company that federal prosecutors say laundered the money. Hart has said the company is legal and is not connected to the track.

The state attorney general's office is investigating the track and track officials.

Kenneth Hart left the track in 2002 and sued International Players Association in an unrelated case. He testified that his mother, Joan Hart, a co-owner of the track with his uncle and Massachusetts resident Vincent DiCesare, was "just a legal figurehead" for the ownership interests of himself, Richard and a third brother, Robert.

Robert, of Everett, Mass., also sued International Players Association and also has a gambling-related conviction. He was convicted of usury in Massachusetts in 1991. A judge wrote the charge stemmed from "activities of a highly organized and disciplined gaming and loan-sharking operation."

Kenneth said in sworn testimony in the 2002 lawsuit that when the family and DiCesare formed the New Hampshire Gaming Association, the partnership that runs the Belmont dog track, "because of underlying circumstances with me, Bob and Rick, at the request of Al Hart and Vincent DiCesare, we would put Joan as the owner of record." He later said he was referring to the brothers' criminal records.

Kenneth and Richard Hart tried unsuccessfully in 1990 and 1995 to seal their Massachusetts convictions. Richard wrote that the records "reflect a point in my life from which I have graduated," adding that he had "capitalized on this event as a learning experience from which positive results have come."

On Jan. 18, Kenneth finally obtained a sealing order, but the Suffolk County clerk did not have a record of it and allowed a New Hampshire Business Review reporter to examine the file, the magazine reported.

"It was a minor infraction that has been sealed and under the law it is treated as if it does not exist," said Mark Derby, a Concord attorney who represents Kenneth and Robert. He said neither of his clients would comment.

State police are supposed to conduct random background checks on track employees. Pari-Mutuel Commission Executive Director Paul Kelly said a check was done on Richard Hart after a new law took effect Jan. 1, but nothing was found. However, Kelly said he thought the check was only done in New Hampshire.

Gambling opponents said the Pari-Mutuel Commission's failure to find out about the Hart brothers' convictions shows it is ineffective.

It "inspires no confidence that the regulators are going to be an independent watchdog of the industry," said Jim Rubens, executive committee chair for the Granite State Coalition Against Expanded Gambling.