Emmitt Smith accused of defrauding Native American investor

NFL Hall of Fame running back Emmitt Smith and his business partner, David Mosley, are facing a lawsuit in Delaware’s Chancery Court alleging they defrauded a Native American investor. Kituwah LLC, the economic development arm of the Eastern Band of Cherokee Indians, claims it was induced to provide a $2.5 million loan in 2023 for a Texas-based solar energy venture known as Project Exodus.

The lawsuit alleges that Smith, Mosley, and their real estate firm, 4 13 Solutions Inc., used the funds to improperly repay a different company, Wilson Holdings, rather than for the intended solar project. The complaint describes the alleged diversion of funds as being “essentially, like a Ponzi scheme.”

Kituwah LLC asserts it has “not recovered a penny” since the loan became past due in February 2024. The suit cites fraudulent inducement, breach of fiduciary duty, and breach of contract, seeking the return of the $2.5 million plus interest, legal fees, and additional damages.