A 53-year-old man on a Caribbean cruise with his wife is facing federal charges after choking out a fellow passenger for dancing barefoot in one of the ship’s cocktail lounges, according to a criminal complaint reviewed by The Independent.
Kenneth DeGiorgio was arrested by FBI agents after the adults-only Virgin Voyages ship, Resilient Lady, docked Tuesday in San Juan, Puerto Rico. DeGiorgio is accused of grabbing the barefoot victim around his neck and threatening to “f**king kill” him, the complaint states.
It describes DeGiorgio as “a heavy-set white male,” and says his shoeless target, identified in court filings by the initials M.A., “felt as if his throat was going to be ripped out.” The incident, which allegedly began when DeGiorgio’s wife told the victim to put his shoes back on, took place in international waters, approximately 70 nautical miles west of Fort-De-France, Martinique, according to the complaint.
DiGiorgio, the CEO of a Southern California mortgage lender, according to public records, does not yet have an attorney listed on the docket. He and his wife did not respond on Wednesday to emails and voicemails seeking comment.
Messages sent to a spokesperson for billionaire Richard Branson’s Virgin Voyages went unanswered.

When Resilient Lady arrived in San Juan on April 1, the ship’s security chief contacted the FBI to report an assault, the complaint says. The attack occurred in the “On the Rocks” bar during the early morning hours of March 31, the security chief told agents.
He and one of his staffers identified DeGiorgio as the suspect upon a review of security footage, and, according to the complaint, located him and his wife Nichol in their stateroom, which was one of the “RockStar Suites.”
“As a result of the incident, the ship’s captain had ordered passenger DeGiorgio confined to [the] cabin pending arrival at the next port of call,” the complaint states.
The security chief shared the security footage with agents, who “observed a tall white male, identified as the victim, dancing,” the complaint continues, which IDs the victim by the initials “M.A.”

While on the dance floor, the complaint says the footage showed M.A. give the finger to a woman, later identified as Nichol DeGiorgio, after which “a heavy-set white male is seen on the footage standing up, walking to [M.A.], and placing his hands around [M.A.] ‘s neck.”
“The heavy-set white male was identified… as Kenneth DeGiorgio,” the complaint goes on, adding that M.A. could be seen “stumbl[ing] while under the physical control of DeGiorgio.”
Next, agents interviewed M.A., who said a stranger had approached him on the dance floor, “grabbed [him] by the neck and began to choke him,” according to the complaint. M.A. “stated that the unknown male used a lot of force and felt as if his throat was going to be ripped out,” the complaint says.
“During the assault the unknown male stated, ‘I am going to f**king kill you,’” the complaint alleges. “After the assault, a bartender on board the ship called security staff who spoke to [M.A.].”

It says agents then spoke with Nichol DeGiorgio, who explained what set off the confrontation. She “stated that during the cruise an unknown male was dancing barefoot on the dance floor and [that she] told him, ‘Look, we are all grown-ups here, can you put your shoes on?’ The male responded, ‘Shut up, you f**king bitch.’”
Nichol told the agents that “she should not have told the unknown male to put his shoes on,” and that the barefoot man “never touched her,” according to the complaint.
Finally, the FBI “attempted” to interview Kenneth DeGiorgio, the complaint states.
“After being advised of his Miranda warnings, DeGiorgio requested an attorney and refused to answer any questions,” it concludes.
DeGiorgio was arrested and charged with assault within the maritime and territorial jurisdiction of the United States. If convicted, he faces up to a year in prison.