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Federal jury convicts boat owner of manslaughter and fraud

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Saturday, March 8, 2025

Federal jury convicts boat owner of manslaughter and fraud

Attorneys & Judges
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Markenzy Lapointe U.S. Attorney | U.S. Attorney for the Southern District of Florida

A federal jury in Fort Pierce has found Dustin Sean McCabe, a 49-year-old resident of Ocala, Florida, guilty on multiple charges, including seaman’s manslaughter and fraud. The charges stem from incidents involving his vessel, the Southern Comfort, as well as fraudulent activities related to pandemic relief funds.

According to evidence presented by South Florida Assistant U.S. Attorneys during the trial, McCabe purchased a 48-foot boat named Southern Comfort in March 2020. He falsely declared on Coast Guard forms that he intended to use it for recreational purposes while actually planning to operate paid scuba charters. He modified the boat accordingly by removing its main deck engine controls.

On March 28, 2020, McCabe took paying passengers on a scuba trip aboard the Southern Comfort. During this outing, significant mechanical failures occurred: one propeller activated unexpectedly, steering was lost, and the vessel ran aground. A diver narrowly escaped being sucked toward an engaged propeller.

Despite these incidents, McCabe continued operations the following day without notifying authorities or passengers of previous issues or addressing the malfunctions. On March 29, while at a dive spot with paying customers onboard again, a similar incident led to tragedy when a diver was pulled into an engaged propeller and suffered fatal injuries due to drowning exacerbated by severe wounds.

Following this fatality on March 29th and subsequent prohibition from operating his vessel thereafter at any marina location – Federal prosecutors proved how Mr.Mcabe applied for two loans under Covid-19 era Paycheck Protection Program (PPP) fraudulently claiming business activity & submitting fake documents supporting false claims which led him obtaining these financial aids illegally

McCabe now faces sentencing scheduled for June 12 before U.S District Judge Aileen M.Cannon where he could receive up-to ten years imprisonment regarding manslaughter charge; five years concerning false statements made towards government officials; twenty years wire-fraud penalty related specifically involving misappropriated loan application processes committed during aforementioned pandemic timeframe period altogether.

United States Attorney Hayden P.O’Byrne representing Southern District of Florida along with Special Agent Josh W.Packer overseeing CGIS Southeast Field Office publicly announced results recently reached within courtroom setting itself highlighting investigatory efforts conducted via CGIS Southeast Field Office alongside cooperative assistance rendered through various other law enforcement agencies involved throughout entire legal process accordingly.

The prosecution team comprises Assistant U.S Attorney Zachary A.Keller assisted notably via contributions made personally Coast Guard Special Assistant Tanner Stiehl supplemented additionally courtesy Jacob Koffsky respectively

For further information regarding this case including updates available online through United States Attorney's Office website dedicated exclusively covering matters pertaining specifically affecting residents situated regionally across Southern District Florida jurisdictional boundaries alike can be accessed digitally anytime visiting www.justice.gov/usao-sdfl alternatively interested parties may consult relevant court documentation filed electronically www.flsduscourts.gov using case number identification reference "24-cr-80103".

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