DALLAS — Former Dallas Cowboys running back Emmitt Smith and several business partners diverted a $2.5 million loan intended for a Texas solar farm, according to a lawsuit filed Monday in Delaware Chancery Court.
The plaintiff is Kituwah LLC, the investment and economic development arm of the Eastern Band of Cherokee Indians. The suit also names Smith’s longtime business partner, David Mosley; their real estate and energy company, 4 13 Solutions Inc.; and Wilson Holdings, an earlier investor in 4 13 Solutions deals.
The Project Exodus Loan
4 13 Solutions approached Kituwah in early 2023 about a joint venture to develop Project Exodus, a utility-scale solar and battery storage project planned for Caldwell County, between Austin and San Antonio, according to the complaint, which Courthouse News Service reported Monday.
The two sides formed a limited liability company, Jabez 4 10, in which Kituwah holds the largest stake. Kituwah funded it in September 2023 with a $2.5 million loan at 12% annual interest, due Feb. 1, 2024.
Kituwah was told the Energy Department would provide permanent financing, share ownership and control, and that the solar farm would be running by the end of 2024 with first-year income of nearly $14 million, the suit says. The company obtained no federal loan or private alternative.
The money was supposed to go to Genesis Consolidated Industries, a Dallas renewable energy architecture firm, in exchange for rights to the land-purchase agreement and ownership of Project Exodus, the complaint says. Those interests were never transferred, according to Kituwah.
The suit says the $2.5 million instead went to Wilson Holdings to cover an earlier investment. A side agreement called the Wilson Side Letter entitled Wilson Holdings to that payment only after Jabez obtained permanent financing.
“Instead of using the loan proceeds to acquire Project Exodus as promised, 4 13 Solutions used the $2.5 million to pay Wilson Holdings,” the complaint says. “Essentially, like a Ponzi scheme.”
Smith and Mosley would “come up with a different excuse” after each request for repayment before cutting off contact, the suit says. Kituwah says it has “not recovered a penny” more than two years past the due date.
Interest of nearly $600,000 has accrued, putting the balance at about $3.1 million as of Aug. 31. Kituwah offered last year to waive the interest if the loan was repaid by Aug. 31, 2025, and says the offer was ignored.
The suit lists six causes of action, including fraudulent inducement, breach of fiduciary duty, and breach of contract. Kituwah seeks at least $2.5 million plus interest, costs, expenses, legal fees, and damages to be determined at trial.
Representatives for 4 13 Solutions could not be reached, and a Kituwah spokesman did not respond to a request for comment, Front Office Sports reported. Wilson Holdings and Genesis Consolidated Industries did not return requests for comment.
The Traders Domain FX Lawsuit
Smith and co-plaintiff Mark Page sued in Dallas County Court over at least $500,000 invested in Traders Domain FX, a foreign currency trading platform, The Dallas Morning News reported in September 2025. The suit names Southlake businessman Johnny Wimbrey, Ares Global LLC, Secap Holdings LLC, Austin resident Frederick Safranko, and Katy resident Tin Quoc Tran.
They say the money was wired to accounts they could not access and that daily statements showing millions in earnings were false. The Commodity Futures Trading Commission put Traders Domain on its RED List in 2022, a designation for firms operating without required registration.
Wimbrey has denied the allegations and has sought to countersue, saying Smith misrepresented his authority to act on Wimbrey’s behalf.
Emmitt Smith’s Dallas Cowboys Career
Dallas drafted Smith 17th overall in 1990. He spent 13 of his 15 seasons with the Cowboys and retired in 2005 as the NFL’s career rushing leader with 4,409 attempts for 18,355 yards and 164 touchdowns. He caught 515 passes for 3,224 yards and 11 scores.
Smith won three Super Bowls in Dallas and was the Super Bowl XXVIII Most Valuable Player. He was the Associated Press MVP in 1993, made eight Pro Bowls, and was a four-time first-team All-Pro. He played two seasons in Arizona and was inducted into the Pro Football Hall of Fame in 2010.
