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SUPPLEMENTAL RECORD OF THE CASE FOR PROSECUTION 

1. This supplemental Record supplements the Record of the Case for Prosecution 

(the "original Record"), dated April 9, 2007, submitted as part of the United States' request for 

the extradition of Henry C. Rosenau from Canada. 

2. There is an additional witness who was not available at the time the original 

Record was submitted. Kip John Whelpley came voluntarily to the United States, entered a 

guilty plea to conspiracy to import and distribute marijuana, and has cooperated fully with agents 

from the Department of Homeland Security, Immigration and Customs Enforcement ("ICE"), 

since his arrival in the United States. Whelpley is expected to testify to the following: 

a. Whelpley came to United States in the spring of 2004 to assist with smuggling 

marijuana from Canada into the United States. He first looked for helicopter landing spots in 

unpopulated and rural areas south ofthe United States-Canada border. With the assistance of 

another person, he purchased a truck and canopy cover which he used to receive and transport 

shipments of marijuana in the United States. In the summer of 2004, Whelpley received 

approximately seven loads of marijuana in the United States. Each load was brought across the 

international border by helicopter from Canada. Specifically, Whelpley saw a Robinson 44 

helicopter, with a missing or taped-over tail number, which was used to smuggle the marijuana 

that summer. Whelpley identified the picture of that helicopter, tail number C-FRKM, which 

was referred to in the original Record. Each load consisted of 10 to 12 hockey bags which he 

estimated contained approximately 50 pounds each for a full load of approximately 500 to 600 

pounds of marijuana. He was paid $7,000 per load and, that summer, he made $50,000 to 

$60,000 smuggling marijuana in this fashion before the smuggling season ended. 

b. In early 2005, Whelpley resumed his role in marijuana smuggling after meeting 

Henry Rosenau in Canada. During the meeting Henry Rosenau discussed the 2004 trips, 

acknowledged he was the pilot of the helicopter, referred to above, during the 2004 trips, and 

confirmed their prior contacts by his knowledge of Whelpley's Blackberry name and their 

previous discussions. Specifically Rosenau recognized Whelpley's Blackberry moniker of 

"Gilligan" and discussed details of a smuggling trip which was cancelled because of fog. Henry 

Rosenau also told Whelpley that he maintained Whelpley's cash payments in his safe during the 

prior summer. Whelpley visited Henry Rosenau at his residence at 4767 Grandview Flats, 

Armstrong, British Columbia, Canada. 

c. In spring 2005, Whelpley returned to the United States with Henry Rosenau. 

Together, they scouted areas in Washington State for landing zones for Henry Rosenau's 

helicopter. Whelpley rented a small home in Washington State for the summer and began 

receiving loads of m;rrijuana. Henry Rosenau brought a few marijuana loads in his smaller 

helicopter, a Robinson 22, however, that smaller helicopter could carry only 200 pounds at a 

time. Henry Rosenau began flying a larger, red Bell helicopter by late spring and brought 

marijuana loads of approximately 500 pounds at a time. Whelpley estimates that he received 

twenty 500 pound marijuana loads from Henry Rosenau that summer, including one week in 

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which he received three 500 pound loads iri five days. Whelpley said that Henry Rosenau was 

the pilot of every helicopter load, either flying alone or with one other person. Whelpley was 

stopped by ICE agents on June 9, 2005 with a 500 pound marijuana load he had just received 

from Henry Rosenau. 

d. Whelpley identified the person depicted in the photograph attached as Exhibit A 

as Henry Rosenau. 

3. Referring to paragraph 7 of the original Record, Zachary and Braydon Miraback are no 

longer expected to testify. 

Seattle, Washington 

October 6, 2008 

Assistant United States Attorney 

Western District of Washington 

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