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by JENN WOOD
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South Carolina state senator — and longshot 2026 gubernatorial candidate Josh Kimbrell — is once again on the defensive in Greenville County court. Just weeks after losing managerial control of his former company, Exodus Aircraft, via a blistering preliminary injunction, Kimbrell and his wife are now facing a petition accusing them of brazenly violating that order and destroying evidence.
According to a rule to show cause motion (.pdf) filed on August 21, 2025, Frank George Rogers — Kimbrell’s former business partner — accused the couple of engaging in a “pattern of willful, continuous, and unabated violations” of both a temporary restraining order issued on July 11, 2025 and a more expansive preliminary injunction issued eleven days later.
Rogers’ initial lawsuit against Kimbrell and his wife, Liliya Kimbrell, accused the couple of conspiring with a banker to steal more than $2 million from the company they jointly owned.
The latest court filing accused Kimbrell of attempting to dissolve Exodus Aircraft in Delaware, secretly forming an “investor council” to bypass Rogers’ authority and sending resignation-style emails to regulators, customers and fuel suppliers — communications plaintiffs claim stranded aircraft, disrupted negotiations with clients and triggered heightened FAA scrutiny.
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More damaging still, both Kimbrells were accused of systematically deleting thousands of emails and business records in blatant violation of a court order (.pdf) requiring all evidence to be preserved. Liliya Kimbrell allegedly purged over 2,000 emails on July 12, 2025 – the day after the initial restraining order was entered.
Plaintiffs contend the couple “flagrantly” concealed or destroyed evidence that may never be recovered.
“Defendants’ conduct shows a stunning disregard for this court’s orders,” Rogers’ attorneys wrote, asking the judge to impose maximum sanctions, grant a spoliation inference, and force the Kimbrells to pay forensic costs and attorney’s fees.
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RELATED | NEW LAWSUIT ADDS TO JOSH KIMBRELL’S LEGAL WOES
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PLAINTIFFS FIRE BACK AT COUNTERCLAIMS
The contempt petition wasn’t the only salvo filed over the past week. On August 25, 2025, Rogers submitted a reply to the Kimbrells’ counterclaims (.pdf) — which had accused the second-term state senator of breaching fiduciary duties, conversion and defamation.
Rogers denied each allegation, asserting his statements about Kimbrell’s alleged misconduct were true, privileged and made on matters of public concern. His filing doubled down on earlier accusations that Kimbrell created a sham entity — Exodus Airways LLC — to siphon more than $1.15 million from Exodus Aircraft between October 2024 and May 2025.
The reply fleshed out details of the alleged diversion scheme, including:
- Altered contracts and payment instructions funneled through JetInsight software;
- Checks and wire transfers rerouted to “Sham Exodus”;
- At least $155,000 transferred into Liliya’s personal accounts and credit cards;
- More than $300,000 used to pay Josh’s own credit card bills; and
- Roughly $235,000 routed to Platform Strategies, a Lexington, S.C.-based political firm run by his campaign manager.
The filing also accuses Pinnacle Bank loan officer Blake Whitaker of enabling the scheme by opening and servicing the sham account, and cites attempts by Kimbrell to use doctored financials from “Sham Exodus” to secure personal loans at three different banks.
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RELATED | COURT ORDER PUTS S.C. SENATOR ON DEFENSIVE
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POLITICAL FALLOUT
These dueling filings come as Kimbrell’s campaign for governor of South Carolina continues to falter. The 40-year-old former radio host is polling in the low single digits and his fundraising is virtually nonexistent.
Kimbrell has also been dragged into a scandal involving fellow state senator Matt Leber, one of several “Republican” lawmakers who carried water for the Palmetto State’s über-liberal trial lawyer lobby during the recently concluded legislative session.
Kimbrell has dismissed the allegations against him as politically motivated “lawfare,” framing himself as a victim of greed and vendettas.
In a podcast earlier this month, he described the Greenville lawsuit as “insane” and “completely factually inaccurate.” He has also told media outlets the consent order was a mere formality, not an admission of wrongdoing.
As our founding editor Will Folks has previously pointed out, Kimbrell has consistently sought to paint the lawsuit against him as evidence of the “Columbia swamp” coming after him. However, as Folks has frequently noted, Kimbrell is very much a part of that swamp. While he positions himself as a conservative, Kimbrell’s recent left-of-center votes – and his subservience to the Palmetto State’s toxic trial lawyer lobby – have “exposed a mile-wide status quo streak.”
With one lawsuit pending in Spartanburg County over a defaulted $250,000 loan — and Rogers now pushing for contempt sanctions in the Greenville case — Kimbrell’s legal woes are mounting just as voters begin to tune into the 2026 primary.
Count on FITSNews to bring readers the latest updates as these cases — and their political ramifications — unfold.
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KIMBRELL FILING…
(S.C. Thirteenth Judicial Circuit)
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ABOUT THE AUTHOR …
As a private investigator turned journalist, Jenn Wood brings a unique skill set to FITSNews as its research director. Known for her meticulous sourcing and victim-centered approach, she helps shape the newsroom’s most complex investigative stories while producing the FITSFiles and Cheer Incorporated podcasts. Jenn lives in South Carolina with her family, where her work continues to spotlight truth, accountability, and justice.
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