Florida Scuba Charter Owner Gets Over 8 Years in Prison for Seaman’s Manslaughter and COVID-19 Loan Fraud

According to an announcement from the U.S. Attorney’s Office for the Southern District of Florida, the owner and captain of a Florida scuba charter vessel has been sentenced to more than eight years in federal prison for seaman’s manslaughter, lying to the U.S. Coast Guard, and defrauding COVID-19 relief programs.

Dustin Sean McCabe, 50, received a 100-month prison sentence from U.S. District Judge Aileen M. Cannon, well above federal sentencing guidelines, due to what the court described as “reckless conduct” and the “horrific circumstances” of the fatal incident.

A Fatal Dive Trip

In March 2020, McCabe purchased a 48-foot boat, naming it Southern Comfort, and falsely registered it with the Coast Guard as a recreational vessel. He then refitted it himself for commercial use, operating paid scuba charters without disclosing its true purpose.

On March 28, 2020, mechanical failures plagued a paid scuba trip, including a propeller unexpectedly engaging in neutral, steering loss, and the vessel running aground. One diver narrowly avoided injury when a spinning propeller pulled them toward it.

Despite these serious safety hazards, McCabe ran another paid scuba trip the next day without repairs, without alerting passengers to the prior day’s issues, and without reporting the incidents to the Coast Guard. During this second trip, the same propeller malfunction occurred as divers were boarding from the water, pulling a woman and her spouse into the propeller and killing her.

Fraudulent Pandemic Relief

Following the fatality, McCabe was prohibited from operating Southern Comfort. Months later, he applied for and obtained two Paycheck Protection Program (PPP) loans, falsely claiming his scuba business was still active. Prosecutors say he submitted fake payroll records and tax documents to receive the loans and later secure loan forgiveness.

Investigation and Prosecution

The case was investigated by the Coast Guard Investigative Service (CGIS) Southeast Field Office, with assistance from U.S. Coast Guard Marine Safety Detachment Lake Worth and the Florida Fish and Wildlife Conservation Commission.

McCabe’s prosecution was handled by 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.

Court records are available at www.flsd.uscourts.gov and pacer.flsd.uscourts.gov under case number 24-CR-80103.