Exhibit 12 — USA v. McCabe (Dkt. 91.12)

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Case 9:24-cr-80103-AMC Document 91-12 Entered on FLSD Docket 03/10/2025 Page 1 of 2
GOVERNMENT EXHIBIT
CASE NO. 24-CR-80103-AMC
EXHIBIT NO. GX12
U.S. Department of Homeland Security
United States Coast Guard
Commander
United States Coast Guard
Sector Miami
100 MacArthur Caus[illegible]
Miami Beach, FL 33[illegible]
Phone: (786) 777-07[illegible]
Fax: (786) 777-0791
16710/20-0982
9 April 2020
Dustin S. McCabe.
633 SE Monet Drive
Port Saint Lucie, FL 34984
USCG CAPTAIN OF THE PORT ORDER 6937370: M/V PERSISTANCE/ O.N. 930158
On March 29, 2020 the Coast Guard conducted a casualty investigation involving your vessel, the
M/V PERSISTANCE/ O.N. 930158, in the vicinity of Riviera Beach, FL. Subsequently, after the
investigation, the M/V PERSISTANCE/ O.N. 930158 was deemed to be operating with passengers
for hire.
[redacted]
In my capacity as Captain of the Port (COTP) Miami, [redacted]
[redacted] I hereby order you to
immediately cease operations, whether as an Inspected or Uninspected Passenger Vessel, until
such time as it can be shown to the satisfaction of the Coast Guard that your vessel is being operated
in compliance with all applicable federal laws and regulations.
This order is issued pursuant to my authority as COTP Miami, as contained in Title 46, Chapter
700 – Ports and Waterways Safety (46 U.S.C. § 70001 -70054 ) and the regulations in effect
thereunder (33 CFR §160). In accordance with 46 U.S.C. § 70036, failure to comply with this
Captain of the Port Order is punishable by a civil penalty of up to $94,219 for each day the vessel
is in violation. Willful and knowing violation of this order is a class D felony, punishable by up
to six years in prison (18 USC § 3581) or fines of up to $250,000 for an individual or $500,000
for an organization (18 USC § 3571). This Captain of the Port Order is issued without prejudice
as to the initiation of civil penalty proceedings for any violations that may have previously
occurred.
Should you be aggrieved by this order, you may request reconsideration of this order to me directly.
If I do not rescind this order based on your request, you may appeal my decision to the Commander,
Seventh Coast Guard District. While any request or appeal is pending, all provisions of this order
remain in effect. All reconsideration requests or appeals must follow the procedures prescribed in
33 CFR 160.7.
Case 9:24-cr-80103-AMC Document 91-12 Entered on FLSD Docket 03/10/2025 Page 2 of 2
Subj: USCG CAPTAIN OF THE PORT ORDER 6937370: 09 April 2020
M/V PERSISTANCE/ O.N. 930158
If you have any questions or comments, you can contact the Sector Miami Command Center at
(305) 535-4313.
Sincerely,
[signature]
J. F. BURDIAN
Captain, U. S. Coast Guard
Captain of the Port, Miami
[signature] 10 April 2020 [signature]
(Signature) Owner/Master (Date) (Signature)
Coast Guard Rep
Dustin McCabe CHRISTOPHER A. MOSQUERA
(Printed Name) (Printed Name)
2


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