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According to court documents, the dispute centers on a proposed solar farm venture in Texas referred to as Project Exodus. The plaintiffs allege that the funds provided to 4 13 Solutions were intended specifically for the acquisition of the project, but were instead diverted to a third party, Wilson Holdings, to settle unrelated debts. The legal filing characterizes the transaction as being similar to a Ponzi scheme, noting that the payment to Wilson Holdings was contractually contingent upon securing long-term financing from the Department of Energy, which the lawsuit claims never occurred.
Details of the Alleged Misappropriation
The relationship between Kituwah and 4 13 Solutions began in early 2023, with the parties forming a joint entity called Jabez 4 10 to pursue the solar farm development. The goal was to secure federal funding available to Native American tribes, with the project expected to be operational by the end of 2024. Throughout the summer of 2023, the lawsuit alleges that Smith and 4 13 Solutions CEO David Mosley provided regular updates regarding loan applications and alternative financing strategies.
The complaint further alleges that in July 2023, Mosley requested a bridge loan to facilitate the purchase of Project Exodus. Shortly thereafter, funds were directed to Wilson Holdings. While Mosley reportedly provided documentation in August 2023 suggesting that two energy companies had committed to financing the project at a $396 million valuation and purchasing its power, the lawsuit claims these offers were either fabricated, misrepresented, or subsequently withdrawn. Kituwah asserts that it attempted to resolve the matter throughout 2025, but received no response from 4 13 Solutions, ultimately resulting in the current litigation.
Legal Standing and Defendants
The lawsuit names several defendants, including Emmitt Smith, David Mosley, 4 13 Solutions, Wilson Holdings, and its owner, Darrel Wilson. Additionally, the joint venture entity Jabez 4 10 is listed as a defendant. According to the court filing, Darrel Wilson informed Kituwah’s legal representatives that he was unaware of the specific circumstances triggering the $2.5 million payment to his company and acknowledged that permanent financing for the project had not been secured.
As of the latest reports, representatives for Kituwah, LLC have declined to provide further comment on the ongoing legal proceedings. Similarly, messages directed to 4 13 Solutions and its primary officers, including Smith, have not been returned. The case remains active in the Delaware Court of Chancery as the plaintiffs seek redress for the alleged financial misconduct.
