A Boston man has been arraigned in federal court for allegedly flying a drone near the finish line at the Boston Marathon in April 2024. The drone flight prompted law enforcement and bomb technicians to seize the drone mid-air, land it and evaluate its threat to the public.Â
Allan Nip, 30, was charged with unlawfully flying a drone in restricted National Defense Airspace. A deferred prosecution agreement filed along with the charging document reflects that the defendant has agreed to pay a $5,000 criminal fine and to forfeit his drone, valued at approximately $4,000. The United States also filed a civil forfeiture complaint in connection with this matter to forfeit the drone and its related controller.
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According to court filings, Nip was flying his drone within a few blocks of the Boston Marathon finish line approximately 20 minutes before the professional men in the wheelchair division were finishing the race The drone was detected by federal law enforcement monitoring the airspace near the finish line, was intercepted mid-flight, and was landed in a secure location in Back Bay.
Once the drone was taken down and evaluated by bomb technicians, law enforcement responded to Nip’s apartment on West Springfield Street in Boston, where he allegedly admitted to flying the drone that morning.
The controller on Nip’s drone, as with most drone controllers, allegedly provided warnings that day that he was flying in a restricted zone. In addition, the Federal Aviation Administration had sent out notices warning anyone seeking to fly any type of aircraft (including drones) not to fly near the start or finish lines of the Boston Marathon on race day without a special permit. Those special permits are not granted for amateur drone operators.
The charge of operating a drone in restricted National Defense Airspace carries a maximum penalty of one year in prison, one year of supervised release and a $100,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes, which govern the determination of a sentence in a criminal case.
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