On Aug. 31, Kituwah LLC filed a civil lawsuit seeking $2.5 million in damages and other costs.

Based on court documents, Kituwah LLC said Smith’s company, 4 13 Solutions along with its CEO David Mosley committed fraudulent inducement and breach of fiduciary duty by promising to use a loan from Kituwah to obtain interest in a solar farm project in Texas. 

“Ultimately, the project could not be completed,” Smith’s statement to The News read in part. “That outcome was a loss for everyone involved. It was an unsuccessful business venture. To be clear, I strongly reject any suggestion that I knowingly deceived Kituwah or engaged in misconduct.

“We entered this venture in good faith, believed in the opportunity and worked to make it successful. I understand that Kituwah is disappointed with the outcome. We are disappointed, too. But an unsuccessful business venture is not fraud. I intend to defend myself and my company against these allegations vigorously.”

The lawsuit says Smith, the chairman of 4 13 Solutions, and Mosley used the money to pay a third company, Wilson Holdings, as repayment for a previous loan. Kituwah claims Wilson Holdings was supposed to be repaid only after the solar farm project between Austin and San Antonio, called Project Exodus, secured permanent financing.

Kituwah, a tribal economic development entity, invests on behalf of the Eastern Band of Cherokee Indians. According to court documents, the company entered into business partnerships with Smith and Mosley in September 2023.

“At the time, there was significant federal support for the development and financing of clean-energy projects, including federal loan guarantees and tax incentives designed to encourage investment in renewable energy,” Smith’s statement said. “We believed in the project and worked to develop a viable business. Like the other parties involved, we understood that its success depended on securing the financing and approvals necessary to move the project forward. The environment surrounding renewable energy financing subsequently changed significantly. Government policy, incentives and the availability of financing shifted, creating substantial challenges for projects like ours.”

The civil lawsuit was posted on Courthouse News and filed in the Delaware Court of Chancery.