A federal court in Miami has sentenced Dustin Sean McCabe, 50, to 100 months in prison following his conviction for seaman’s manslaughter, making false statements to the U.S. Coast Guard, and fraudulently obtaining Covid-19 relief funds.
U.S. District Judge Aileen M. Cannon handed down a sentence above the advisory guidelines, citing what she described as “McCabe’s reckless conduct and the horrific circumstances and nature of the victim’s death.”
In March 2020, McCabe purchased a 48-foot vessel named Southern Comfort and submitted forms to the Coast Guard falsely stating it would be used only for recreational purposes. He later refitted the boat himself for commercial use to run paid scuba charters.
On March 28, 2020, during a charter trip with paying passengers aboard Southern Comfort, several mechanical failures occurred: one propeller unexpectedly engaged while in neutral during diver pickup—almost causing injury—and there was loss of steering before the vessel ran aground. Despite these incidents, McCabe operated another paid scuba trip the next day without reporting any issues to authorities or warning new passengers.
During this second outing, as a victim and her spouse were boarding from the water, the same propeller malfunction pulled them into its path, resulting in her death. After this fatality, McCabe was barred from operating Southern Comfort.
Months later, McCabe applied for two Paycheck Protection Program loans intended for businesses affected by the pandemic. Prosecutors said he falsely claimed his scuba charter business remained operational and submitted fraudulent payroll records and tax documents to obtain loan approval and forgiveness.
The case was investigated by the Coast Guard Investigative Service Southeast Field Office with support from U.S. Coast Guard Marine Safety Detachment Lake Worth and Florida Fish and Wildlife Conservation Commission Office of Law Enforcement.
U.S. Attorney Hayden P. O’Byrne for the Southern District of Florida announced the sentencing alongside Special Agent in Charge Josh W. Packer of CGIS Southeast Field Office.
Assistant U.S. Attorney Zachary A. Keller, U.S. Coast Guard Special Assistant U.S. Attorney Tanner Stiehl, and Assistant U.S. Attorney Jacob Koffsky prosecuted the case.
Court documents related to this matter are available on www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 24-CR-80103.