- Kituwah LLC, a tribally owned development agency, alleges Emmitt Smith and business partner David Mosley diverted a $2.5 million loan away from a promised Texas solar farm investment.
- The lawsuit, filed in Delaware, claims the funds instead paid Wilson Holdings of North America, a separate entity tied to Smith’s and Mosley’s other business ventures.
- Kituwah says its loan matured in February 2024 without repayment and that no progress was ever made acquiring rights to the solar project, Project Exodus.
Pro Football Hall of Famer Emmitt Smith is facing a lawsuit alleging he and his commercial real estate company misused a $2.5 million investment meant for a Texas solar farm, according to Bisnow. Kituwah LLC, a tribally owned Native American economic development agency, filed the suit in Delaware on Monday against Smith, his firm 4 13 Solutions Inc., business partner David Mosley, and Darrel Wilson of Wilson Holdings of North America.
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How It Started
Kituwah says Smith and Mosley persuaded the agency to form a joint venture with 4 13 Solutions. The agency also agreed to loan the company $2.5 million toward an interest in Project Exodus, a planned Texas solar farm.
The pair allegedly told Kituwah that developer Genesis Consolidated Industries had already started securing land for the project. They said the developer needed more capital. They also claimed other investors were “clamoring” to finance the deal.
Kituwah investigated the claims and detailed its findings in the complaint. The agency concluded that 4 13 Solutions used the representations as part of a broader scheme. Smith and Mosley allegedly intended to cheat Kituwah out of its $2.5 million rather than make a legitimate investment that later underperformed.
The Details
The lawsuit claims 4 13 Solutions also promised to secure a Department of Energy loan for permanent financing. The company allegedly said the solar farm would operate and generate millions in income by the end of 2024.
Instead, Kituwah alleges that Smith and Mosley redirected the loan to Wilson Holdings of North America. The pair had partnered with the entity on other ventures.
By the end of 2024, Kituwah says it found no evidence that 4 13 Solutions had secured rights to the project. The loan also remained unpaid when it matured on Feb. 1, 2024.
Kituwah’s complaint says the promissory note remains unpaid years after maturity. The agency has not recovered any of its $2.5 million loan. That outcome highlights how long the dispute has continued before reaching litigation.
Kituwah now seeks recovery through the courts. The agency says it made repeated attempts to resolve the matter directly with Smith and Mosley, but those efforts failed.
Zooming Out
The suit adds Smith to a growing list of high-profile figures facing CRE-related litigation. Similar cases include the JCPenney lease dispute, which turned a real estate deal into a multimillion-dollar legal fight.
The case also comes amid greater scrutiny of solar assets changing hands across the industrial and energy sectors. Investors continue to reassess renewable project valuations.
Celebrity-backed real estate and energy ventures face greater legal scrutiny across the industry. More athletes and entertainers now invest in development deals. They often rely on partners and operators to manage those projects. However, the athletes themselves may not independently vet those partners’ track records.
Why It Matters
Smith is the NFL’s all-time leading rusher and a three-time Super Bowl champion with the Dallas Cowboys. He founded 4 13 Solutions in 2020 as part of a broader push into real estate after retirement.
If proven, the allegations could complicate Smith’s relationships with future investors. They also highlight risks for tribal and institutional lenders. Those lenders may face added exposure when they back athlete-affiliated development ventures without independently verifying land and financing claims.
What’s Next
4 13 Solutions did not respond to a request for comment. The case will now move through Delaware’s court system. Kituwah is seeking to recover its unpaid loan.
The outcome could influence how tribal economic development agencies structure future joint ventures with celebrity-backed real estate firms.
Watch for potential claims against Genesis Consolidated Industries or Wilson Holdings of North America. Their roles could receive more scrutiny as the litigation moves forward. Smith’s other real estate ventures could also face greater attention from prospective investors.
Discovery could provide more details about how the $2.5 million was spent. For now, the two sides continue to dispute those details.
