Indictment with Forfeiture Allegations as to Dustin Sean McCabe (1) count(s) 1, 2, 3-5 — USA v. McCabe (Dkt. 3, S.D. Fla.)

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U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 3 · 2024-08-22 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
24-80103-CR-CANNON/MCCABE
CASE NO. ________ _ 
18 u.s.c. § 1115 
18 U.S.C. § 1001(a)(2) 
18 u.s.c. § 1343 
18 U.S.C. § 982(a)(2)(A) 
UNITED STATES OF AMERICA 
v. 
DUSTIN SEAN McCABE, 
Defendant. 
-------------
INDICTMENT 
The Grand Jw-y charges that: 
GENERAL ALLEGATIONS 
At all times material to this Indictment: 
1.
Florida Scuba Charters, Inc. ("Florida Scuba Charters") was a Florida corporation
with its listed principal address in St. Lucie County, in the Southern District of Florida 
2.
The defendant, DUSTIN SEAN McCABE, was a resident of Palm Beach and St.
Lucie Counties and owned and operated Florida Scuba Charters. 
3. 
The MN SOUTHERN COMFORT, Identification Number XYU7748FH788, 
Registration Number DO930158, was a 1988 48-foot Ocean Yachts Cruiser purchased by 
DUSTIN SEAN McCABE on or about March 10, 2020. The MN SOUTHERN COMFORT was 
a recreational vessel only approved by the United States Coast Guard ("USCG") for recreational 
use: 
Case 9:24-cr-80103-AMC   Document 3   Entered on FLSD Docket 08/23/2024   Page 1 of 12
MP
Aug 22, 2024
Miami

The CARES Act and Paycheck Protection Program 
The· United-States .Small Business-Administration-E'.'.SBAŽ)-was--an executive ·-- ·---· 
branch agency of the United States government that provided support to entrepreneurs and small 
businesses. The mission of the SBA was to maintain and strengthen the nation's economy by 
enabling the establishment and viability of small businesses and by assisting in the economic 
recovery ofcommunities·after disasters. 
5.
As part of this effort, the SBA enabled and provided for loans through banks, credit
unions, and other lenders. These loans had government-backed guarantees. 
6.
The Coronavirus Aid, Relief, and Economic Security ("CARES") Act was a federal
law enacted in or around March 2020 and designed to provide emergency financial assistance to 
the millions of business owners who were suffering from the economic effects caused by the 
COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of 
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forgivable loans to small businesses for job retention and certain other expenses, through a 
program referred to as the PPP. 
7.
In order to obtain a PPP loan, a qualifying business submitted a PPP loan
application, which was signed by an authorized representative of the business. The PPP loan 
application required the business (through its authorized representative) to acknowledge the 
program rules and make certain affirmative certifications in order to be eligible to obtain the PPP 
loan. In the PPP loan application (SBA Form 2483), the small business (through its authorized 
representative) was required to provide, among other things, its: (a) average monthly payroll 
expenses; and (b) number of employees. These figures were used to calculate the amount of money 
the small business was eligible to receive under the PPP. In addition, businesses applying for a 
PPP loan were required to provide documentation confirming their payroll expenses. 
8.
A PPP loan application was processed by a participating lender. If a PPP loan
applicatton was approvtrd,tl:re participating lerrderfundedthe PPP loan using itsown monies› -----­
While it was the participating lender that issued the PPP loan, the loan was 100% guaranteed by 
the SBA. Data from the application, including information about the borrower, the total amount of 
the loan, and the listed number of employees, was transmitted by the lender to the SBA in the 
course of processmg the foan. ---
9.
PPP loan proceeds _were required to be used by the business on certain permissible
expenses-payroll costs, interest on mortgages, rent, and utilities. The PPP allowed the interest 
and principal on the PPP loan to be entirely forgiven if the business spent the loan proceeds on 
these expense items within a designated period of time and used a defined portion of the PPP loan 
proceeds on payroll expenses. In order to obtain PPP loan forgiveness, a qualifying business 
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submitted a PPP loan forgiveness application, which was signed by an authorized representative 
of the business. 
Relevant Banks and Processors 
10.
Bank Processor 1 was a financial institution headquartered in Salt Lake City, Utah,
that offered PPP loans through the Internet. Bank Processor 1 was also an approved SBA lender 
of PPP loans. A small business could apply for a PPP loan through an online portal operated by 
Bank Processor 1. Bank Processor 1 would receive and review the loan application. If the loan 
application was approved, Bank Processor 1 or a partner would disburse the PPP loan funds. 
11.
Bank Processor 2 was a financial institution headquartered in Fort Lee, New Jersey,
that offered PPP loans through the Internet. Bank Processor 2 was also an approved SBA lender 
of PPP loans. A small business could apply for a PPP loan through an online portal operated by 
Bank Processor 2. Bank Processor 2 would receive and review the loan application. If the loan 
application was-approved,Bank Processor 2-or a partnerw011kl aisburse the PPP loanfundsƒ • 
12.
Credit Union 1 was a credit union headquartered in Knoxville, Tennessee, and was
federally insured by the National Credit Union Administration. 
COUNTl 
Seaman's Manslaughter 
(ts·u.s.c: §- 111sr 
1.
The General Allegations section of this Indictment is re-alleged and incorporated
by reference as though fully set forth herein. 
2.
On or about March 29, 2020, in Palm Beach County, in the Southern District of
Florida, and elsewhere, while aboard a vessel subject to the jurisdiction of the United States, the 
defendant, 
DUSTIN SEAN McCABE, 
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being then and there the captain, engineer, and other person employed on a vessel, that is, the M/V 
SOUTHERN COMFORT, by his misconduct, negligence, and inattention to his duties on said 
vessel, and, being then and there the owner and charterer of a vessel, that is, M/V SOUTHERN 
COMFORT, by his fraud, neglect, connivance, misconduct, and violation of law on said vessel, 
caused the life of M.C.G.F. to be destroyed, in violation of Title 18, United States Code, Section 
1115. 
COUNT2 
False Statement Within the Jurisdiction of an Agency of the United States 
(18 U.S.C. § 100 1 (a)(2)) 
On or about March 5, 2020, in Palm Beach County, in the Southern District of Florida, and 
elsewhere, in a matter within the jurisdiction of the United States Department of Homeland 
Security, United States Coast Guard, an agency of the executive branch of the United States 
Government, the defendant, 
did knowing_ly and willfully make a false, fictitious, and fraudulent statement and representation 
as to a material fact, in that the defendant represented to an employee of the Department of 
Homeland Security, the United States Coast Guard, that he would be using his vessel, that is, the 
- - -MN SOUTHERN-COMFORT,-onlyTor recreational-purposes; -wheii-ii
ftrutli -anclTiCfact, as Th£ - - --
defendant then and there well knew, he did not intend to use, and did not use, the vessel solely for 
recreational purposes, in violation of Title 18, United States Code, Section 1001(a)(2). 
COUNTS3-5 
Wire Fraud 
(18 u.s.c. § 1343) 
1.
The General Allegations section of this Indictment is re-alleged and incorporated
by reference as though fully set forth herein. 
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2.
On or about the dates specified below, in Palm Beach and St. Lucie Counties, in
the Southern District of Florida, and elsewhere, the defendant, 
DUSTIN SEAN McCABE, 
did knowingly, and with intent to defraud, devise, and intend to devise, a scheme and artifice to 
defraud, and to obtain money and property by means of materially false and fraudulent pretenses, 
representations, and promises, knowing that the pretenses, representations, and promises were 
false and fraudulent when made, and, for the purpose of executing the scheme and artifice, did 
knowingly transmit and cause to be transmitted, by means of wire communication in interstate 
commerce, certain writings, signs, signals, pictures, and sounds, in violation of Title 18, United 
States Code, Section 1343. 
PURPOSE OF THE SCHEME AND ARTIFICE 
3.
It was the purpose of the scheme and artifice for the defendant to unlawfully enrich
nimselfby, -amongotlrerthing-s: (a)-sumruttin:gan1l-causing-thesubmis-sionof-false -a:nd-fraudulent 
applications for loans made available through the SBA to provide relief for the economic effects 
caused by the COVID-19 pandemic, including PPP loans; (b) diverting fraud proceeds for the 
defendant's personal use and to further the scheme and artifice; and ( c) making false and fraudulent 
statements on PPP loan forgiveness-applications hflfave tlie oefenant'iPPP-loaris Torgiven. 
MANNER AND MEANS OF THE SCHEME AND ARTIFICE 
The manner and means by which the defendant sought to accomplish the purposes of the 
scheme and artifice included, among other things, the following: 
4.
In and around March 2020, DUSTIN SEAN McCABE caused the M/V
SOUTHERN COMFORT to be modified so that his business Florida Scuba Charters could use the 
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vessel for paid scuba charters, with those modifications including removing the main deck engine 
controls so that the vessel could only be controlled from the bridge. 
5.
On or about March 28, 2020, DUSTIN SEAN McCABE, acting as the owner and
captain of the M/V SOUTHERN COMFORT, used the vessel as a commercial passenger vessel, 
without authorization by the USCG, to provide commercial scuba charter services to paying 
customers. 
6.
On or about March 29, 2020, DUSTIN SEAN McCABE again used the M/V
SOUTHERN COMFORT as a commercial passenger vessel without authorization by the USCG 
to provide commercial scuba charter services. 
7.
On or about April 9, 2020, the USCG formally suspended DUSTIN SEAN
McCABE from operating the M/V SOUTHERN COMFORT as a passenger vessel. McCABE • 
ceased operating Florida Scuba Charters after that date and was no longer able to earn income from 
operatmg··unauthorized-scuoachatters ustrrgtlre·MtV-sOtJTHERN-eOMFORT .--- • 
8.
DespÉte his ceasing to operate the M/V SOUTHERN COMFORT as a passenger
vessel, DUSTIN SEAN McCABE nevertheless submitted and caused the submission of false and 
fraudulent PPP loan applications to Bank Processor 1 and Bank Processor 2 for Florida Scuba 
• • ---·-  Tharters;··via-iiilerstate"wiie coiiiiiiiinicafioiisÊlliiough tlie oriline portals.for botnBarikP:rocessor 
1 and Bank Processor 2. 
9.
DUSTIN SEAN McCABE submitted and caused the submission of false and
fraudulent documentation in support of the PPP loan applications, including a falsified Internal 
Revenue Service Form 1120, and falsely and fraudulently misrepresented information about 
Florida Scuba Charters, including its number of employees, amount of monthly payroll, and 
whether it had spent previously obtained PPP funds on authorized expenses. 
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10.
DUSTIN SEAN McCABE submitted and caused the submission of false and
fraudulent PPP loan forgiveness applications that misrepresented Florida Scuba Charters' number 
of employees retained and the amount of PPP funds that Florida Scuba Charters had expended on 
payroll expenses. 
11.
As a result of the false and :fraudulent PPP loan applications and loan forgiveness
applications submitted as part of this scheme, Bank Processor 1 approved and then later forgave a 
PPP loan for Florida Scuba Charters and disbursed the loan proceeds in the amount of $18,750 to 
Florida Scuba Charters' Credit Union 1 account, via interstate wire transmission. 
12.
As a result of the false and :fraudulent PPÍ loan applications and loan forgiveness
applications submitted as part of this scheme, Bank Processor 2 approved and then later forgave a 
PPP loan for Florida Scuba Charters and disbursed the loan proceeds in the amount of $20,350 to 
Florida Scuba Charters' Credit Union 1 account, via interstate wire transmission. 
13.-··-n USTIN--SE:A:N-Mcc:ABK"used-meproce·eci-s fronrtnefraua.· sclreme· to· enrich-·- ·­
himself and to further the scheme and artifice. 
USE OF THE WIRES 
14.
On or about the dates below, as to each count below, DUSTIN SEAN McCABE
for tlie purpose ofiixecu1iii1fthe aforesaid sclieme and arti:ficeto deffaud;-and to obtaiiimoiieyand 
property by means of materially false and :fraudulent pretenses, representations, and promises, did 
knowingly transmit and cause to be transmitted in interstate and foreign commerce, by means of 
wire communication, certain writings, signs, signals, pictures, and sounds, as described below: 
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I __ ., 
COUNT 
3 
4 
5 
-
 -· 
-
APPROXIMATE 
DATE 
February 2, 2021 
·---
May 14, 2021 
August 9, 2021 
DESCRIPTION OF WIRE 
Electronic submission of a false and fraudulent PPP loan 
application on behalf of Florida Scuba Charters, sent 
from the Southern District of Florida to Bank Processor 
2, resulting in a PPP loan in the approximate amount of 
$20,385 deposited into Florida Scuba Charter's Credit 
Union 1 account. 
Elecfro-nic submission of aialse and fraudulent PPP loan 
forgiveness application on behalf of Florida Scuba 
Charters, sent from the Southern District of Florida to 
Bank Processor 1, resulting in PPP loan forgiveness in 
the approximate amount of$18,750. 
Electronic submission of a false and fraudulent PPP loan 
forgiveness application on behalf of Florida Scuba 
Charters, sent from the Southern District of Florida to 
Bank Processor 2, resulting in PPP loan forgiveness in 
the approximate amount of$20,385. 
In violation of Title 18, United States Code, Section 1343. 
FORFEITURE ALLEGATIONS 
1.
The allegations of this Indictment are hereby re-alleged and by this reference fully
incorporated herein for the purpose of alleging forfeiture to the United States of America of certain 
property in which the defendant, DUSTIN SEAN McCABE, has an interest. 
2.
Upon conviction of a violation of Title 18, United States Code, Section 1343, as
i 
alleged in this Indictment, the defendant shall forfeit to the United States any property constituting, 
or derived from, proceeds obtained, directly or indirectly, as the result of such offense, pursuant to 
Title 18, United States Code, Section 982(a)(2)(A). 
All pursuant to Title 18, United States Code, Section 982(a)(2)(A) and the procedures set 
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forth at Title 21, United States Code, Section 853, as incorporated by Title 18, United States Code, 
Section 982(b )(1). 
M 
YLAPOINTE 
UNITED STA TES ATTORNEY 
YA.KELLER 
STANT UNITED STATES ATTORNEY 
TA 
RSTIEHL 
SPECIAL ASSISTANT UNITED STATES ATTORNEY 
Case 9:24-cr-80103-AMC   Document 3   Entered on FLSD Docket 08/23/2024   Page 10 of 12

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
UNITED STATES OF AMERICA 
v. 
DUSTIN SEAN MCCABE, 
Defendant. 
Court Division (select one) 
D Miami 
D Key West 
□TTL
m:IWPB 
I do hereby certify that: 
I 
□FTP
CASE NO.: 24-80103-CR-CANNON/MCCABE
CERTIFICATE OF TRIAL ATTORNEY 
Superseding Case Information: 
NewDefendant(s) (Yes or No) __ 
Number of New Defendants 
Total number of new counts 
l.
I have carefully considered .the allegations of the indictment, the number of defendants, the number of probable
witnesses and the legal complexities of the lndictment/Infonnation attached hereto.
2.
I am aware that the information supplied on this statement will be relied upon by the Judges of this Court in setting
their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act, Title 28 U.S.C. §3161.
3.
Interpreter: (Yes or No) No_
List language and/or dialect: -------
4.
This case will take _6_ days for the parties to try.
5.
Please check appropriate category and type of offense listed below:
(Check only one) 
(Check only one) 
I 
D O to 5 days 
D Petty 
II fEI 6 to 10 days 
□ Minor
III D 11 to 20 days 
D Misdemeanor 
IV C121 to 60 days 
IE! Felony 
V 
D 61 days and over 
6.
Has this case been previously filed in this District Court? (Yes or No) No
Ifyes,Judge ___________ Case No. ______________ _
7.
Has a complaint been filed in this matter? (Yes or No) No
If yes, Magistrate Case No. _________ _
8.
Does this case relate to a previously filed matter in this District Court? (Yes or No) No
If yes, Judge----------,-...,..- Case No. 
9.
Defendant(s) in federal custody as of NI A
---------------
10.
Defendant(s) in state custody as of N/ A--------------------
11.
Rule 20 from the ____ District of ________ _
12.
Is this a potential death penalty case? (Yes or No) No_
13.
Does this case originate from a matter pending in the Northern Region of the U.S. Attorney's Office
prior to August 8, 2014 (Mag. Judge Shaniek Maynard? (Yes or No) No_
14.
Does this case originate from a matter pending in the Central Region of the U.S. Attorney's Office prior
to October 3, 2019 (Mag. Judge Jared Strauss? (Yes or No) No_
15.
Did this matter involve the participation of or consultation with Magistrate Judge Eduardo I. Sanchez
during his tenure at the U.S. Attorney's Office, which concluded on January 22, 2023? No
16.
Did this matter involve the participation of or consultation with now Magistrate Judge Marta Fulgueira
Elfenbein during her tenure at the U.S. Attorney's Office 
eluded on March 5, 2024? No_
By: 
Assistant United States Attorney 
Court ID No. 
A5502767 
Case 9:24-cr-80103-AMC   Document 3   Entered on FLSD Docket 08/23/2024   Page 11 of 12

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
PENAL TY SHEET
Defendant's Name: ---=Dc.....;U=S=--T=--=IN
JS=E=A=N=....,....:::M=-=
C-=
C=-AB
==E=---------------­
Case No: -------------------------------
Count#: 1 
Seaman's Manslaughter 
Title 18, United States Code, Section 1115 
*Max.Term of Imprisonment: 10 years
* Mandatory Min. Term of Imprisonment (if applicable): NI A 
* Max. Supervised Release: 3 years
* Max. Fine: $250,000
Count#: 2 
False Statement Within the Jurisdiction of an Agency of the United States 
Title 18, United States Code, Section 1001(a)(2) 
*Max.Term of Imprisonment: 5 years
* Mandatory Min. Term of Imprisonment (if applicable): NI A 
* Max. Supervised Release: 3 years
* Max. Fine: $250,000
Counts #: 3-5 
Wire Fraud 
Title 18, United States Code, Section 1343 
*Max.Term of Imprisonment: 20 years
* Mandatory Min. Term of Imprisonment (if applicable): NI A 
* Max. Supervised Release: 3 years
* Max. Fine: $250,000
*Refers only to possible term of incarceration, supervised release, and tines. It does not include
restitution, special assessments, parole terms, or forfeitures that may be applicable. 
Case 9:24-cr-80103-AMC   Document 3   Entered on FLSD Docket 08/23/2024   Page 12 of 12

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