Ocala Man Charged with Seaman’s Manslaughter and Paycheck Protection Program Fraud

MIAMI -Dustin Sean McCabe, 49, of Ocala, Fla., had his initial appearance yesterday on an indictment charging him with one count of seaman's manslaughter, one count of making false statements, and three counts of wire fraud.

As alleged in the indictment, McCabe purchased a 48-foot vessel named the Southern Comfort in March 2020 and falsely claimed to the U.S. Coast Guard that he had purchased it for recreational purposes when, in truth and in fact, he purchased it to conduct paid scuba charters. In furtherance of those charters, McCabe refitted the Southern Comfort in ways that included removing the vessel's main deck engine controls. He then operated the vessel as a passenger vessel by conducting paid scuba divers on March 28 and March 29, 2020, without authorization. The indictment further alleges that on March 29, 2020, McCabe's negligent operation of the Southern Comfort caused someone's death, which led to his formal suspension from being able to provide paid services with the vessel.

The indictment further alleges that after McCabe lost the ability to operate his vessel for pay, he then used the business he operated under, Florida Scuba Charters, Inc., to engage in Paycheck Protection Program (PPP) fraud by applying for two loans that he fraudulently obtained and/or had forgiven.

McCabe was arrested by the Coast Guard's Investigative Service (CGIS) Special Agents.

If convicted of seaman's manslaughter, McCabe faces a maximum penalty of 10 years in prison. If convicted of making false statements and wire fraud, McCabe faces a maximum penalty of five years and 20 years, respectively. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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 made the announcement.

CGIS Southeast Field Office investigated the case, with assistance from U.S. Coast Guard Marine Safety Detachment Lake Worth and the Florida Fish and Wildlife Conservation Commission Office of Law Enforcement.

Assistant U.S. Attorney Zachary A. Keller and Coast Guard Special Assistant U.S. Attorney Tanner Stiehl are prosecuting this case.

An indictment contains mere allegations, and a defendant is presumed innocent unless and until proven guilty in a court of law.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.govunder case number 24-CR-80103.

###