Former Dallas Cowboys running back Emmitt Smith and his business partner, David Mosley, are being sued by Kituwah LLC, a Native American investment firm, over allegations that they misused a $2.5 million loan intended to fund a wind farm project in Texas called Project Exodus. The lawsuit, filed in Delaware, claims that a company linked to Smith and Mosley, called 4 13 Solutions, used the funds to repay a previous investor instead of advancing the wind farm project. Kituwah, which seeks to invest in opportunities for the Eastern Band of Cherokee Indians, says it provided the loan in September 2023 with the expectation of repayment within months. The company now claims the loan has accumulated about $600,000 in interest and is seeking a jury to determine how much money it is owed. According to the lawsuit, Smith and Mosley allegedly misled Kituwah by claiming they were working to secure a U.S. Department of Energy loan, which would have triggered repayment. However, the lawsuit states that Smith and Mosley knew the funds were being used improperly and instead told Kituwah that 4 13 Solutions had used the money to acquire Project Exodus. They claimed the acquisition had been delayed due to various issues. Kituwah alleges that Smith and his partners never met the necessary requirements to secure government funding and frequently made excuses for why the project was not progressing. The company also says it found no evidence that the wind farm project even existed just a month before the December 2024 deadline for it to be completed. The lawsuit further claims that Smith and his partners had represented the wind farm as being worth $396 million and expected to generate nearly $14 million in net income during its first year of operation. Kituwah says it has seen no proof that the project was ever developed or even planned beyond the initial discussions. The lawsuit also mentions that Darrel Wilson of Wilson Holdings of North America LLC received a $2.5 million payment from Smith’s company but claimed he did not know why the payment was made. Kituwah’s attorneys described the situation as “essentially like a ponzi scheme,” suggesting that funds were being moved without proper disclosure or justification. A message sent to 4 13 Solutions for comment was not immediately returned, and there was no information provided on an attorney for Smith or his company in the court filing. The case highlights concerns about the proper use of investment funds and the responsibilities of business leaders to their investors, particularly in projects that are expected to benefit specific communities like the Eastern Band of Cherokee Indians.