Dustin Sean McCabe, Seaman’s Manslaughter, Florida 2025

MIAMI – Dustin Sean McCabe, 50, the owner and captain of a scuba charter vessel, has been sentenced to 100 months in prison, more than eight years, for his role in the seaman’s manslaughter of a paying passenger and for lying to the U.S. Coast Guard and fraudulently obtaining Covid-19 pandemic relief funds.

On March 28, 2020, McCabe took paying passengers on a scuba trip aboard the Southern Comfort, a 48-foot vessel he had recently purchased and refitted for commercial use. However, the vessel experienced significant mechanical malfunctions, including a propeller unexpectedly engaging, loss of steering, and the vessel running aground. Despite these incidents, McCabe operated another paid scuba trip the very next day without reporting the prior day’s incidents to the Coast Guard or warning passengers of the dangers.

During the second trip, the same propeller malfunction occurred as the victim and her spouse were boarding from the water. The propeller pulled the victim and her spouse into it, killing her. Following the fatality, McCabe was prohibited from operating the Southern Comfort.

Months later, McCabe applied for two Paycheck Protection Program (PPP) loans, a federal relief program designed to help small businesses survive the economic impact of the pandemic. To secure the loans and later their forgiveness, McCabe falsely claimed that his scuba charter business was still operational and submitted fraudulent payroll information and tax documents.

U.S. District Judge Aileen M. Cannon sentenced McCabe above the advisory Sentencing Guidelines, citing his reckless conduct and the horrific circumstances and nature of the victim’s death. The case was investigated by the Coast Guard Investigative Service (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.

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. Related court documents and information can 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.gov under case number 24-CR-80103.

The sentencing of McCabe serves as a reminder of the importance of prioritizing safety and accountability in the maritime industry. The U.S. Coast Guard and its partners will continue to work tirelessly to protect the lives and livelihoods of those who rely on the waters.

Related Federal Cases