Hayden O’Byrne, United States Attorney for the Southern District of Florida | Law Net
A federal jury in Fort Pierce has found Dustin Sean McCabe, a 49-year-old resident of Ocala, Florida, guilty of seaman’s manslaughter and fraud charges. The verdict relates to incidents involving the vessel Southern Comfort, which McCabe owned and captained.
According to evidence presented by South Florida Assistant U.S. Attorneys, McCabe purchased the 48-foot boat in early March 2020 and falsely reported on Coast Guard forms that it would be used for recreational purposes. In reality, he intended to operate paid scuba charters and modified the boat accordingly.
On March 28, 2020, during a scuba trip with paying passengers aboard the Southern Comfort, mechanical failures occurred. These included unexpected activation of one propeller while in neutral and loss of steering control. One diver narrowly escaped injury when sucked toward an engaged propeller.
Despite these issues, McCabe conducted another dive trip on March 29 without notifying the Coast Guard or addressing the mechanical problems. During this outing, a similar incident resulted in tragedy when a diver was fatally injured by the propeller.
Following this incident, McCabe was barred from operating the vessel but proceeded to apply for loans under the Paycheck Protection Program (PPP). Prosecutors demonstrated that he submitted fraudulent information to obtain these Covid-19 relief funds.
Sentencing is set for June 12 before U.S. District Judge Aileen M. Cannon. McCabe could face up to ten years for seaman’s manslaughter, five years for false statements, and twenty years for wire fraud.
The announcement was made by United States Attorney Hayden P. O’Byrne for the Southern District of Florida and Special Agent in Charge Josh W. Packer of the Coast Guard Investigative Service Southeast Field Office.
The case was investigated by CGIS Southeast Field Office with assistance from U.S. Coast Guard Marine Safety Unit Lake Worth and Florida Fish and Wildlife Conservation Commission Office of Law Enforcement. It is being prosecuted by Assistant U.S. Attorney Zachary A. Keller along with Coast Guard Special Assistant U.S. Attorney Tanner Stiehl and Assistant U.S. Attorney Jacob Koffsky.
Further details can be accessed via the United States Attorney’s Office website or through court documents available online under case number 24-cr-80103.
