Denis McInerny to speak on Corporate Criminal Liability in the U.S.
Corporate Criminal Liability in the U.S.: The Evolution of the Department of Justice’s Approach to Imposing Criminal Liability on Corporations
December 11, 2014
Hong Kong

Davis Polk invites you to an informative lunch seminar on December 11. This seminar is an opportunity for in-house lawyers and related business professionals to be apprised of key issues and developments for corporate criminal liability in the United States and the ramifications for their businesses.

The last 10 years have seen a seismic shift in the way the U.S. Department of Justice (DOJ) investigates and resolves criminal cases involving business organizations. The days of prosecutors choosing from a binary menu of “indict or decline” are long gone, as are the days when corporate penalties exceeding US$100 million were virtually unheard of.

Today, DOJ routinely uses the “middle ground” alternatives of Deferred Prosecution Agreements or Non-Prosecution Agreements in place of what previously would have been outright declinations, and regularly enters into US$100 million plus corporate dispositions – at times even US$1 billion plus.

How and why did we get here, and where are we headed?

Denis McInerney, a New York-based Davis Polk litigation partner, will lead the presentation in discussing the evolution of DOJ’s approach and its implications for multinational companies. Mr. McInerney has recently rejoined Davis Polk from DOJ where he was Chief of the Fraud Section and Deputy Assistant Attorney General of the Criminal Division.

While at DOJ from 2010 through 2014, he supervised approximately 100 prosecutors in the Fraud Section, which has responsibility for DOJ’s LIBOR and FX investigations, all Foreign Corrupt Practices Act (FCPA) investigations, and a wide range of other complex white collar criminal investigations and prosecutions throughout the United States. His perspective is informed not only by his recent tenure in DOJ and his time in the early 1990s as a Whitewater prosecutor and Assistant U.S. Attorney and Deputy Chief of the Criminal Division of the U.S. Attorney’s Office in the Southern District of New York, but also by the 15 years he spent at Davis Polk (from 1994 through 2009) as a white collar criminal defense lawyer representing mostly large institutions, including, for example, as co-trial counsel for Arthur Andersen in its obstruction of justice trial in Houston, Texas, in 2002.

Mr. McInerney will be joined by Hong Kong-based enforcement and litigation partner James Wadham. Mr. Wadham’s practice focuses on advising financial institutions and corporates on risk avoidance, investigations and litigation.