Boston Man Charged with Violating National Defense Airspace

Press Release

Defendant allegedly flew drone near the Boston Marathon finish line

BOSTON - A Boston man was arraigned today 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.

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.

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.

Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation Boston Division; Colleen D'Alessandro, Regional Administrator for the Federal Aviation Administration in New England; and Boston Police Commissioner Michael Cox made the announcement. Assistant U.S. Attorney John T. McNeil of the National Security Unit is prosecuting the case. Assistant U.S. Attorney Carol E. Head, Chief of the Asset Recovery Unit is prosecuting the civil forfeiture case.

The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.

Updated September 23, 2024