Federal jury convicts Florida man, Dustin Sean McCabe, of manslaughter and fraud after deadly boating accident and deceptive COVID relief claims that exposed reckless conduct and financial exploitation

Fort Pierce, Florida – A federal jury has found Dustin Sean McCabe, 49, of Ocala, Florida, guilty of seaman’s manslaughter, lying to the U.S. Coast Guard, and committing COVID-19 relief fraud, following a chilling case involving reckless conduct at sea and financial deception.

The trial, held in Fort Pierce, revealed a shocking pattern of negligence and dishonesty that led to the tragic death of a diver and fraudulent misuse of federal relief funds. Prosecutors painted a picture of a man who cut corners for profit, disregarded basic safety rules, and then exploited a national crisis for personal gain.

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A dangerous business disguised as recreation

According to evidence presented in court, McCabe purchased a 48-foot vessel, which he named Southern Comfort, in early March 2020. He falsely claimed on Coast Guard documents that the boat was for personal, recreational use. But in reality, McCabe had every intention of using it for commercial scuba diving charters—despite lacking the proper certifications and inspections required for such operations.

To prepare Southern Comfort for paying customers, McCabe made several modifications, including removing the main deck engine controls—a decision that would later prove catastrophic. Despite these unauthorized changes, he launched his illicit business within weeks of buying the boat.

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A fatal voyage: The tragedy of March 29, 2020

On March 28, 2020, McCabe took paying divers out on the water. What should have been an exhilarating underwater experience quickly turned into a nightmare. The vessel suffered severe mechanical failures, including steering loss, an unexpected propeller activation, and even running aground. One diver narrowly escaped serious injury when the boat’s port-side propeller inexplicably engaged while in neutral, pulling the swimmer dangerously close to the spinning blades.

Despite these alarming incidents, McCabe neither reported the mechanical issues to the Coast Guard nor warned future passengers. Instead, the very next day—March 29, 2020—he took another group of paying divers out.

This time, disaster struck. As a female diver and her spouse attempted to board the boat, the same port-side propeller engaged unexpectedly, pulling the woman into the spinning blades. The impact left her severely mangled, with her leg twisted into the shaft and deep wounds across her body. Though her injuries alone were not immediately fatal, a medical examiner testified that the pain and trauma contributed to her drowning.

After the horrific accident, McCabe disappeared from the marina. He was barred from operating the vessel, but his attempts to profit off of misfortune were far from over.

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Fraudulent relief claims amid a national crisis

Not long after the fatal incident, as the COVID-19 pandemic spread across the country, McCabe turned to another scheme—defrauding the federal government.

Although Southern Comfort was no longer in operation, McCabe applied for two Paycheck Protection Program (PPP) loans, falsely claiming that his business was still running. To secure the funds—and later have the loans forgiven—he submitted fraudulent payroll documents and fake tax records, painting a false picture of an active and struggling operation.

Federal investigators, including the Coast Guard Investigative Service and the Florida Fish and Wildlife Conservation Commission, uncovered McCabe’s deception. What started as an illegal diving business had escalated into a multi-layered case of fraud, recklessness, and ultimately, a tragic loss of life.

Sentencing and legal consequences

With the jury’s guilty verdict, McCabe now faces serious prison time. His sentencing is scheduled for June 12, 2025, at 10 a.m., before U.S. District Judge Aileen M. Cannon.

The potential penalties are steep:

• Seaman’s manslaughter: Up to 10 years in prison.
• Making false statements: Up to 5 years in prison.
• Wire fraud related to COVID-19 relief: Up to 20 years in prison.

The case was prosecuted by Assistant U.S. Attorney Zachary A. Keller, Coast Guard Special Assistant U.S. Attorney Tanner Stiehl, and Assistant U.S. Attorney Jacob Koffsky.

A cautionary tale of negligence and greed

McCabe’s conviction is a sobering reminder of the dangers of unregulated maritime operations and the consequences of defrauding federal relief programs. His reckless decision-making cost a woman her life and betrayed the trust of both his passengers and the government. As he awaits sentencing, the case stands as a stark warning against cutting corners—whether in business, safety, or ethics.

For more information on this case, visit the U.S. Attorney’s Office for the Southern District of Florida website at www.justice.gov/usao-sdfl.