‘A Coordinated Scheme’: State Senator’s Legal Exposure Expands
- SCCLR Newsletter
- Dec 15, 2025
- 5 min read
By: Jenn Wood
New motion claims bank enabled Josh Kimbrell’s alleged scheme to defraud his business partner…
South Carolina state senator Josh Kimbrell is facing yet another legal setback as his former business partner moved earlier this month to dramatically expand the civil-fraud lawsuit already threatening his political career.
Last Monday (December 8, 2025), attorneys for Greenville, S.C. businessman Frank George Rogers filed a motion to amend his original complaint against Kimbrell, his wife and another alleged co-conspirator in the hopes of adding Pinnacle Bank and two of its executives as defendants. The proposed amended complaint (.pdf) accused the bank and its officers of aiding and abetting fraud, civil conspiracy, gross negligence and of violating the South Carolina Unfair Trade Practices Act (SCUTPA) — a statute that allows for the expansion of damages.
If granted, the amended complaint would transform the lawsuit into a much broader, multi-defendant action implicating a regional financial institution and its leadership in what Rogers alleges was a coordinated diversion of more than $2 million from Exodus Aircraft LLC, the company he co-owned with Kimbrell.
Kimbrell and his wife, Liliya Kimbrell, are already staring down the prospect of contempt sanctions for allegedly deleting evidence, contacting investors in defiance of a court order, and misrepresenting their knowledge of facts in connection with the original lawsuit.
The legal drama has come at the worst possible time for Kimbrell, who is currently one of five announced “Republicans” campaigning for governor of the Palmetto State.
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A DRAMATIC EXPANSION
Last week’s filing marked the most significant development in this civil case since Rogers first sued Kimbrell in July — claiming the senator and his wife siphoned company funds into a parallel entity, Exodus Airways LLC, while working with a banker to reroute payments, conceal transfers, and drain operational accounts.
Rogers’ attorneys are asking the court to add Pinnacle Bank and two of its employees — executive Richard Lackey and bank officer Jere Davis (both of whom were allegedly linked to Kimbrell’s financial transactions) — as defendants in the case.
Rogers alleges these individuals either enabled or failed to prevent repeated diversions from Exodus Aircraft, despite obvious red flags in Kimbrell’s banking activity. The complaint further accuses Pinnacle of disregarding internal controls and compliance obligations that would have identified — and halted — the allegedly fraudulent transfers.
Adding a financial institution to the case significantly widens the scope of discovery, the potential damages available, and the external scrutiny the matter is likely to draw. It also suggests Rogers’ legal team uncovered new documents or testimony indicating institutional involvement in what has — until now — been framed as a private dispute between former business partners.
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In October, Rogers filed a blistering contempt memorandum accusing the senator and his wife of ignoring a temporary restraining order and preliminary injunction, deleting thousands of emails — including Liliya’s entire mailbox — after acknowledging the lawsuit.
He also accused the couple of refusing to surrender corporate records, and continuing to communicate with investors in direct violation of court orders. The filing also cited an October 13, 2025 email (.pdf) in which Kimbrell attacked Rogers’ management and alleged “sub-par maintenance practices,” language plaintiffs described as intentionally damaging to Exodus Aircraft’s reputation.
These allegations came on the heels of a summer filled with revelations about Kimbrell’s alleged financial maneuvers – including claims he diverted company funds to pay personal expenses, political consultants, and a separate entity he jointly controlled with his wife.
Kimbrell is also a defendant in a separate Spartanburg County loan-default lawsuit involving the same aviation venture — a case that raised early questions about the company’s finances and record-keeping.
That dispute escalated this week, too: an amended complaint (.pdf) filed on December 11, 2025 now alleges that Kimbrell, Rogers, and Exodus Aircraft owe $260,912.84 in unpaid principal and interest on a 2022 balloon loan — a debt Kimbrell personally guaranteed, according to financial statements attached to the filing.
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POLITICAL FALLOUT: A CAMPAIGN RUNNING ON FUMES
Politically, Kimbrell is struggling to remain viable in the 2026 governor’s race.
According to his third-quarter campaign finance report, he raised only $18,500 during the months of July, August and September – and has raised only $24,900 total for the election cycle. After expenses, he reported less than $7,000 cash on hand — a figure dwarfed by every other gubernatorial campaign.
Despite these headwinds, Kimbrell continues to frame the Greenville complaint as “lawfare” – insisting his political enemies are weaponizing the courts to derail his candidacy. But the addition of a bank and two executives as defendants — and the introduction of claims for expanded damages — complicates his pushback.
Rather than shrinking, the case against him is expanding…
As for Kimbrell’s response, he maintained his former business partner was out to get him – and that the lawsuit was a political hit against him.
“Frank is a liar,” he said. “This is politically motivated.”
Kimbrell claimed Rogers “has been sued by seven people” in connection with the Exodus drama.
“I didn’t do anything wrong,” Kimbrell insisted. “My wife didn’t do anything wrong. My family has suffered enormously. He’s (Frank) going to hell for Christmas.”
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HEARING SCHEDULED THIS WEEK…
Apivotal moment in this contentious case is scheduled for later this week. According to the Greenville County circuit court roster, a packed slate of five motions tied to the Kimbrell case will be heard this Friday (December 19, 2025) at 9:30 a.m. EST before S.C. circuit court judge Vernon Dunbar.
At this hearing, Dunbar will weigh a series of motions that cut to the core of the dispute — including whether Josh and Liliya Kimbrell violated court orders through evidence destruction, investor contact, and other alleged interference with Exodus Aircraft. The court will also consider competing requests that could shape the scope of discovery, including defense efforts to limit what they must produce and the plaintiffs’ attempt to block subpoenas issued to multiple financial institutions.
The docket also includes the plaintiffs’ request to amend their complaint — a filing that, if granted, would significantly broaden the case by bringing additional defendants into the fold.
The outcome of the hearing will be a turning point that will determine whether the Kimbrells face contempt sanctions, whether the lawsuit broadens to include new defendants, and how aggressively the court will allow the parties to pursue discovery.
With the senator’s gubernatorial campaign floundering, his legal exposure widening, and a courtroom roster stacked with high-stakes motions, the December 19 hearing could fundamentally reshape both the future of Exodus Aircraft and the political trajectory of a sitting state senator heading into the 2026 primary.
