Dustin Sean McCabe, 49, of Ocala, Florida, appeared in court yesterday for an initial hearing on a multi-count indictment. The indictment charges McCabe with one count of seaman’s manslaughter, one count of making false statements, and three counts of wire fraud.
According to the indictment, McCabe purchased a 48-foot vessel named the Southern Comfort in March 2020. He allegedly misled the U.S. Coast Guard by claiming the vessel was for recreational use, when in fact it was intended for paid scuba charters. McCabe purportedly modified the vessel, including the removal of the main deck engine controls, and operated it for paid scuba charters on March 28 and 29, 2020, without proper authorization. The indictment alleges that McCabe’s negligent operation led to a death on March 29, 2020, resulting in his suspension from providing paid services.
Additionally, the indictment accuses McCabe of engaging in Paycheck Protection Program (PPP) fraud through his business, Florida Scuba Charters, Inc. He is alleged to have fraudulently obtained and/or had forgiven two PPP loans.
McCabe was arrested by Coast Guard Investigative Service (CGIS) Special Agents.
If convicted, McCabe faces up to 10 years in prison for seaman’s manslaughter, up to five years for making false statements, and up to 20 years for wire fraud. A federal district court judge will determine any sentence based on the U.S. Sentencing Guidelines and other statutory factors.
The case was announced by U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Matthew J. Margelot of the CGIS Southeast Field Office.
The investigation was conducted by the CGIS Southeast Field Office, with assistance from the U.S. Coast Guard Marine Safety Detachment Lake Worth and the Florida Fish and Wildlife Conservation Commission Office of Law Enforcement. The prosecution is being handled by Assistant U.S. Attorney Zachary A. Keller and Coast Guard Special Assistant U.S. Attorney Tanner Stiehl.