Updated on 09/16/2011 9:40AM

Three to surrender in pick six case

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NEW YORK - The three men targeted in the Breeders' Cup pick six betting investigation will surrender to the United States attorney's office on Tuesday, a lawyer for one of the suspects said Monday. The three, who are former fraternity brothers at Drexel University, are expected to face felony fraud and conspiracy charges.

Daniel Conti, the attorney for one of the suspects, the former Autotote employee Chris Harn, said on Monday morning that the three would be arraigned in New York on Tuesday. "We really don't know what charges we will face at this point," Conti said. "We'll find out tomorrow."

The surrender comes four days after the U.S. attorney for the Southern District of New York, James B. Comey, took over the investigation.

Harn, 29, is suspected of altering pick six tickets placed by Derrick Davis, 29,of Baltimore, and Glen DaSilva, 29, of Manhattan. Davis placed the only winning Breeders' Cup pick six bet, worth $3.1 million, on Oct. 26. Earlier in October, DaSilva cashed a pick four bet and pick six for total winnings of $117,000.

The Daily News reported in its Monday edition that DaSilva planned to surrender as well and that he would not plead guilty.

"They made bets," his attorney, Ed Hayes, was quoted as saying. "They won. These are very risky bets. They have very high payouts. Can the government show the bets they placed are different than the bets they won? I don't think so."

Neither Hayes nor Steve A. Allen, the attorney for Davis, returned phone calls on Monday morning.