Scuba charter operator sentenced to eight years for manslaughter and fraud

Scuba charter operator sentenced to eight years for manslaughter and fraud
Hayden O’Byrne United States Attorney for the Southern District of Florida — The Florida Bar
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A federal judge has sentenced Dustin Sean McCabe, 50, to 100 months in prison after he was convicted of seaman’s manslaughter, making false statements to the U.S. Coast Guard, and fraudulently obtaining pandemic relief funds. The sentencing follows a March 2025 jury verdict that found McCabe guilty on multiple counts related to his operation of a scuba charter vessel.

According to court records, McCabe purchased a 48-foot vessel named Southern Comfort in early March 2020 and registered it as a recreational boat with the Coast Guard. Despite this registration, he refitted the vessel for commercial use and began running paid scuba charters.

On March 28, 2020, while conducting a charter trip with paying passengers, the Southern Comfort experienced mechanical failures including unexpected propeller engagement and loss of steering. One diver narrowly avoided injury when pulled toward an active propeller during pickup. McCabe did not report these incidents or repair the vessel before operating another paid trip the following day.

During the second outing, similar mechanical issues occurred as two passengers were boarding from the water. The activated propeller pulled both into its path, resulting in one fatality. After this incident, authorities prohibited McCabe from operating the vessel.

Months later, McCabe applied for two Paycheck Protection Program loans by submitting false claims about his business operations and payroll information to obtain and secure forgiveness for these federal relief funds.

U.S. Attorney Hayden P. O’Byrne for the Southern District of Florida stated: “McCabe’s reckless conduct and disregard for safety led to tragic consequences.” Special Agent in Charge Josh W. Packer of the Coast Guard Investigative Service (CGIS) Southeast Field Office also commented on the case.

The investigation was led by CGIS 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. 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.

Further details are available through court documents at www.flsd.uscourts.gov or http://pacer.flsd.uscourts.gov under case number 24-CR-80103.



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