OCALA, Fla. — An Ocala man has been indicted in federal court, accused of operating an illegal scuba charter business that led to one person’s death, then using that business to make fraudulent Paycheck Protection Program claims.
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49-year-old Dustin Sean McCabe made an initial appearance in court Thursday stemming from an indictment charging him with one count of seaman’s manslaughter, one count of making false statements, and three counts of wire fraud.
According to court records filed in the Southern District of Florida, McCabe bought a 48-foot boat in March 2020 that he named the “Southern Comfort” and made false claims to the U.S. Coast Guard that he had purchased it for recreational purposes when, in fact, he used it to conduct paid scuba charters.
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McCabe’s indictment goes on to say he refitted the boat by removing the vessel’s main deck engine controls, then proceeded to conduct paid scuba dives on March 28 and March 29 without authorization.
According to the indictment, McCabe’s “misconduct, negligence, and inattention to his duties” aboard the Southern Comfort during a March 29 charter caused one person’s death, leading to his formal suspension from providing any paid services with the boat.
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After McCabe lost the ability to operate his boat for profit, the indictment says he then used the business he was operating, Florida Scuba Charters, Inc., to engage in PPP fraud by applying for two loans that he fraudulently obtained or had forgiven.
McCabe was later arrested by Special Agents from the Coast Guard’s Investigative Service.
He faces up to 10 years in prison if convicted on the seaman’s manslaughter charge, up to five years for the charge of making false statements, and a maximum of 20 years for the wire fraud charges.
In response to McCabe’s case, Coast Guard officials warn that it’s important to check a captain’s credentials before chartering their boat, including whether they have the required safety equipment, are enrolled in a drug and alcohol program, and whether they’ve been approved by the United States Coast Guard.
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