South Carolina senator and former gubernatorial candidate Josh Kimbrell is facing a critical juncture in a civil fraud lawsuit that has dogged him for the past year. A motion has been filed for default judgment against him and his wife, Liliya Kimbrell, arguing the couple forfeited their right to defend the case when they failed to comply with a court-ordered discovery deadline.
Background of the Lawsuit
The lawsuit was filed in July 2025 by Kimbrell’s former business partner, Frank George Rogers, who accused Kimbrell of creating a company designed to resemble their jointly owned charter aviation business, Exodus Aircraft LLC, and using it to divert more than $2 million. The lawsuit further alleged company funds were used for personal expenses, political consulting, and other unauthorized purposes.
The civil case has also expanded beyond the original allegations, with multiple sources insisting there is an ongoing federal inquiry into Kimbrell’s activities at Exodus Aircraft, although the FBI declined to confirm or deny the existence of such an investigation.
Recent Developments
The latest motion stems from an order issued by S.C. circuit court judge Jane H. Merrill on May 5, 2026, compelling the Kimbrells to fully respond to Rogers’ discovery requests by May 18. Merrill found the defendants had engaged in efforts to “obfuscate and delay the judicial process” and warned that if they failed to comply, their answers, affirmative defenses, and counterclaims would be stricken.
According to the new motion, the Kimbrells failed to produce the required discovery by the court-imposed deadline, never submitted affidavits required by the order, and only sought additional time after the deadline had already expired. Although some records were later produced, Rogers’ attorneys characterized those materials as incomplete and non-responsive.
If the court grants Rogers’ motion, the case would shift away from determining whether the Kimbrells are liable and toward establishing damages. Plaintiffs are asking the court to schedule a hearing to determine the financial losses they contend resulted from the defendants’ alleged conduct.
Original reporting: FITSNews — read the source article.
