MIAMI – The grim specter of a seaman’s death met its judicial nemesis as Dustin Sean McCabe, 50, owner and captain of the scuba charter vessel Southern Comfort, was sentenced to over eight years in prison following a federal jury conviction. McCabe was found guilty in March 2025 of seaman’s manslaughter as both the vessel’s owner and captain, lying to the U.S. Coast Guard, and fraudulently obtaining Covid-19 pandemic relief funds.
U.S. District Judge Aileen M. Cannon sentenced McCabe to 100 months—a term exceeding the advisory Sentencing Guidelines—due to his reckless conduct and the harrowing circumstances surrounding the victim’s death. The judge cited McCabe’s actions as a factor in the excessive sentence.
In March 2020, McCabe acquired a 48-foot vessel, falsely declaring it for recreational purposes on Coast Guard forms, while he planned to operate it commercially. His misdeeds took a tragic turn when mechanical malfunctions aboard Southern Comfort during a scuba trip led to a close call with serious injury and ultimately, the death of a passenger.
Despite the vessel’s dangerous issues, McCabe failed to report them or warn passengers on a subsequent trip that resulted in the death of a diver. His callous disregard for safety led to his prohibition from operating Southern Comfort.
Months after the incident, McCabe sought Paycheck Protection Program (PPP) loans under fraudulent pretenses, falsely claiming his business was operational and providing falsified payroll information and tax documents. The U.S. Attorney for the Southern District of Florida, Hayden P. O’Byrne, and Special Agent in Charge Josh W. Packer of the Coast Guard Investigative Service (CGIS) Southeast Field Office revealed McCabe’s punishment.
Assistant U.S. Attorneys Zachary A. Keller, Tanner Stiehl, and Jacob Koffsky prosecuted the case, which can be found on the District Court for the Southern District of Florida website at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov under case number 24-CR-80103.
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Key Facts
- State: Florida
- Agency: DOJ USAO
- Category: Public Corruption|Organized Crime|White Collar Crime
- Source: Official Source ↗
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