Kirby Van Burch Theatre

7812 Cozy Cove Branson, MO 65616  USDA #43-C-0320

USDA USDA sues Kirby VanBurch for exhibiting without a license in 2015

When the USDA inspectors returned June 30, 2011 Charlie the tiger was not on the census.  So, where is Charlie the white tiger?

Failed USDA Inspection Dated 2011 Jun 22  Click for full report.  Summary:  The inspector said that veterinary care at this facility is inadequate.  A female tiger named Princess and another named Precious were lame and had lesions on their pads. Immediate vet attention was demanded.  At this time Kirby Van Burch had 3 tigers, 2 leopards and no lion.

Failed USDA Inspection Dated 2011 May 20  Click for full report.  Summary:  Charlie the white tiger is lame on his left rear leg, thin and has a dull coat.  He has trouble getting up or walking.  He has lesions on at least three of his feet.  This same lameness was observed by USDA inspectors during annual inspections in 2006, 2007, 2008, 2009, 2010 and 5 times in 2011.  At no time in Charlie’s adult life has a vet examined his condition other than to just look at him.  For his entire life, Charlie and all of the cats at Kirby Van Burch Theatre have been kept on concrete.  At the time of this inspection Kirby Van Burch was given a Notice of Intent to Confiscate if he did not take some action and improve the cats’ diets.

Failed USDA Inspection Dated 2011 May 19  Click for full report.  Summary:  See above, for details.  This report only goes on to add that the only treatment given the tiger were a foot bath in epsom salts, which was ordered on the 13th but did not occur until the 17th (if then).

Failed USDA Inspection Dated 2011 May 6  Click for full report.  Summary:  Leopards Blackie and Bambi suffer hair loss, dull coats and limping and no evidence of any vet care to help them.  Stripey the tiger suffers obesity, dull coat and limping and was thought by USDA inspectors to not be getting a proper diet, proper vet care nor proper flooring as all of the cats are being kept on concrete.  Stripey is reported to have had cataracts since he was a cub.  Despite their poor conditions and suspected self mutilation from frustration or illness the inspector notes that the cats were still being used in the act.  At this time Kirby Van Burch had 4 tigers, 2 leopards and a lion.

Branson Entertainer Will Stand Trial For Felony Tax Evasion

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Bambi and Kirby VanBurch are facing 3 counts of felony tax evasion

A Branson entertainer charged with felony tax evasion waived his preliminary hearing yesterday (11-17-11) and has been bound over for trial.

Magician Kirby VanBurch and his ex wife Bambi are facing three counts of tax evasion for allegedly failing to pay sales, withholding and consumer use taxes from June through September of 2009, the same year the couple were divorced.

Stone County assistant prosecutor Dayrell Scrivner, who has been appointed special prosecutor in the case says, “The state has been talking with them, and with their attorneys, basically giving them an opportunity to produce some kind of explanation. They were trying to make sure it was not an oversight.”

This isn’t the first time Kirby VanBurch has been in trouble with the law. In 2005, he was placed on five years probation after pleading guilty to drunk driving and assaulting a Branson police officer .

The VanBurch’s, who could each face up to 15 years in prison if convicted, are due back in court on December 5th.

http://crimesceneinvestigations.blogspot.com/

Kirby and Bambi VanBurch charged with 3 counts of felony tax evasion

FORSYTH — Local performers Kirby VanBurch and Bambi VanBurch have been charged in Taney County court with three counts each of felony tax evasion linked to a five-month period in 2009.

The charges against the pair are unclassified felonies. If convicted of all three counts, either would face a maximum penalty of 15 years in prison, according to state statutes.

The probable cause statement filed by Missouri Department of Revenue investigators shows the VanBurches are accused of failing to pay sales, withholding and consumer use taxes from June through September, typically peak tourism months.

Court dockets in the case show that it was filed May 12, and summonses were issued May 31.

Taney County Prosecuting Attorney Jeff Merrell said he will not represent the state in the case, because of a “perceived conflict of interest” due to some work he had done while in private practice.

Instead, the case has been assigned to Dayrell Scrivner, an assistant prosecuting attorney for Stone County.

Reached for comment about the cases last week, Scrivner said the amount of money in question was “large,” but would not go into specifics.

“We’re still working on the figures,” Scrivner said. “But it is a substantial amount of money.”

When asked if the incident might have been an oversight, he said, “They’ve been charged with it being intentional. All businesses have to pay these taxes. They’ve been in business long enough to know that.”

He said he was not aware of any other times during the VanBurches’ history that they were accused of tax evasion.

Scrivner said the criminal charges were not filed earlier because Department of Revenue representatives have been trying to deal with the matter in other ways.

“The state has been talking with them, and with their attorneys, basically giving them an opportunity to produce some kind of explanation,” he said. “They were trying to make sure it was not an oversight.”

Reached by phone Monday, Bambi VanBurch directed questions to their lawyer, who had not responded to a request for comment by press time.

Court records show that the VanBurches, formerly a married couple, filed for divorce at the end of August in 2009. The dissolution of marriage was finalized the following year.

Bambi VanBurch also began a solo career in 2009, performing in Branson and touring the country. She has returned to the “Kirby VanBurch Show” this season.

Arraignments for both defendants are set for July 7 at 9 a.m. at the Taney County Judicial Center.

http://bransontrilakesnews.com/news_story/article_f9997fa4-915c-11e0-a3e1-001cc4c002e0.html#.TsbRS3OleDI

Branson Entertainers Due Back In Court Next Month, Charged With Tax Evasion

By: Monte Schisler, News Director
Posted: Thursday, June 16, 2011

USDA Charges animal exhibitor under AWA
San Antonio, TX (US)

Also known as: Illusion Management, Inc., Kirby VanBurch Magic Show

Previous Location: San Antonio, TX (US)

Read more: Animal Abuse Profile: Kirby VanBurch – San Antonio, TX | Pet-Abuse.Com Animal Cruelty Database http://www.pet-abuse.com/profiles/6442#ixzz1e5yse3Nf

Incident Date: Sunday, Aug 31, 2003
County: Bexar

Disposition: USDA Citation

Persons of Interest:
» Kirby VanBurch
» Terrell Diamond

In September 2003, the U.S. Department of Agriculture charged animal exhibitors Kirby VanBurch and Terrell Diamond, doing business as Illusion Management, Inc. and the Kirby VanBurch Magic Show in Fair Oaks and San Antonio, Texas, with violations of the Animal Welfare Act.

Chester A. Gipson, deputy administrator for animal care with USDA’s Animal and Plant Health Inspection Service, said that investigators found at least 75 separate violations of the regulations including operating without a license and failure to establish and maintain programs of adequate veterinary care.

References

• USDA – September 29, 2003

Read more: Animal Abuse: USDA Charges animal exhibitor under AWA – San Antonio, TX | Pet-Abuse.Com Animal Cruelty Database http://www.pet-abuse.com/cases/6173/TX/US/#ixzz1e5zE4lpE

Reviews of the Kirby Van Burch Theatre

I have to say not wourth my time same old thing ever year cant wait till Darren opens to see some new stuff for a change. and not have to smell the tigers bad oder when you walk threw the door. very disapointed for what it cost, not worth it. The production very poor and dancers not together at all. also it would be great if kirby could remimber his lines concedering he has been saying the same ones for years same jokes same tricks enough said.  -Kansas

Saw Kirby about 10 years ago and he was awesome. Just saw him again May 2009 and was truly disappointed. No kidding, people left the show during intermission and didn’t return. My husband and I would have but we paid around 80.00 to see it so we decided to stay. The MC tries to guilt you into buying stuffed animals for about 10 minutes before the show and during intermission. The live animals during the show are only present for a split second. If you want to really see them you have to pay $10.00 for a backstage tour after the show. Kirby seemed tired and bored, there were “technical difficulties”, etc. He also tries to be funny by saying “shut up kid” when a kid says something from the audience. Wasn’t funny to me.  – Missouri

This Kirby and Bambi show was recommended by Branson tourism.com. The billboards and advertisement make you think it will be a wonderful show..but..first they announced that Bambi would not be there. Second they spend 30 minutes selling you items like $50 stuffed tigers and $20 stuffed tigers which you can get autographed by Kirby after the show…but..then after the show they tell you Kirby had prior arrangements which they forgot so you cannot get them autographed. As for the real white tiger..don’t blink because it is only on the stage for a few seconds. He did do some magic tricks which my grandaughter enjoyed..but I will not go to this show nor will I recommend it to anyone. – Oklahoma

Don’t make the same mistake we did. This show is awful. The magic was like something out of a book. Kirby sucks like the vacuum he gets his name from. Bambi hops around like a deer in the Forrest. The show was completely based on making money and everything was overpriced. Our first impression was not good when we walked into the musty smelling stuffy theatre. The show is not based around the animals and don’t get your hopes up about the inflatable helicopter at the end of the show. The choreography was off. Kirby doesn’t interact with the audience and when he does speak he sounds like Michael Jackson. We were truly amazed… at how horrible it was. Please take our word for it, you’re better off spending your money saving wildlife rather than supporting the maltreated animals in glass cages. – Kansas City