Patient stunned by Granger eye doctor's indictment

By John Paul (jpaul@wsbt.com)

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Gabriele Eye Institute

Philip J. Gabriele and his wife Marcella, who operate Gabriele Eye Institute, have been indicted on health care fraud, wire fraud and criminal conspiracy charges. (WSBT photo)

By WSBT News1

Story Created: Jun 12, 2009 at 4:51 PM EST

Story Updated: Jun 12, 2009 at 5:36 PM EST

MISHAWAKA — Patients say they're surprised by charges of fraud against Dr. Phillip Gabriele and his wife. A federal grand jury handed up an indictment after investigators seized evidence from their home and the Gabriele Eye Institute offices two years ago.

The couple's attorney says the allegations are without merit and Dr. Gabriele has always made medical decisions based solely on the best interest of his patients; but a federal grand jury tells a different story.

The federal grand jury believes evidence collected from Gabriele Eye Institute two years ago was enough to build a case of fraud, among other charges, against Dr. Gabriele and his wife.

Patients like Ellie Cealka call Dr. Gabriele and his wife Marcella extremely professional.

On the 19-page indictment, different words were used.

Tops on the list: fraud.

"I would have never thought this of him," said Cealka.

The US Attorney's office handed down the charges Friday morning, two years after federal agents raided the couple's home and three medical offices in South Bend, Elkhart and Mishawaka.

In the indictment, five counts of fraud were among the charges for:

-Falsely and fraudulently diagnosing cataracts in patients, even in instances when patients had no sign of the eye disorder
-Performing unnecessary cataract surgeries
-Fraudulent billing Medicare, Indiana Medicaid and other health benefit programs

The Gabrieles were also charged with one count each of:

-Wire fraud.
-Making False Statements
-Billing Misrepresentations
-Concealing Overpayments
-Conspiracy

Cealka, a patient for more than 12 years, was speechless.

"That's hard for me to be speechless," Cealka said. "I'm not that way very often."

Doors to the Mishawaka office were locked. No signs were on the door alerting patients and employees, but the couple is expected to turn themselves in Monday morning.

Dr. Gabriele and his wife released a statement: "We are deeply saddened and dismayed by the government's decision to proceed with an indictment. We will continue to focus our energies on doing what we love — working tirelessly to provide top-quality medical care for the people of Michiana."

Cealka recalls her last visit with the doctor.

"I said thanks Phil," she said. "I'll see you in four months."

The couple is scheduled to appear in federal court Monday.

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