Denis J. McInerney
Mr. McInerney is counsel in Davis Polk’s Litigation Department, its White Collar Criminal Defense and Investigations Group and the firm’s Global Enforcement and Investigations Group. His practice focuses on grand jury, regulatory, cross-border and internal investigations, as well as complex criminal and civil litigation.
He returned to the firm after serving as Chief of the Fraud Section (2010 to 2013) and then Deputy Assistant Attorney General of the Criminal Division of the U.S. Department of Justice (2013 to 2014). In those positions, Mr. McInerney was responsible for supervising approximately 100 prosecutors in the Fraud Section, which has responsibility for all Foreign Corrupt Practices Act (FCPA) investigations conducted by DOJ, as well as a wide range of other complex white collar criminal investigations and prosecutions throughout the country, including corporate, securities, financial, healthcare and procurement fraud cases. Among other matters, Mr. McInerney played a leadership role in DOJ’s investigations into the alleged manipulation of LIBOR and the foreign exchange market by various financial institutions around the world, and the preparation of A Resource Guide to the Foreign Corrupt Practices Act, which was published by DOJ and the SEC in 2012. Earlier in his career, Mr. McInerney was an Assistant U.S. Attorney in the Southern District of New York (1989 to 1994), ultimately serving as a Deputy Chief of the Criminal Division (1993 to 1994). In 1994, he served as an Associate Independent Counsel in the Whitewater Investigation with Independent Counsel Robert B. Fiske Jr.
Mr. McInerney has conducted more than a dozen jury trials as a DOJ and Whitewater prosecutor, criminal defense attorney and civil plaintiff’s attorney. His trial experience at Davis Polk includes his representation of Arthur Andersen on obstruction of justice charges in the U.S. District Court for the Southern District of Texas, and his representation of the former chairman and CEO of an investment bank on insider trading charges in the U.S. District Court for the Southern District of New York. During his time at the firm, Mr. McInerney has represented a number of large financial, industrial, retail, gaming and other institutions, such as CVS Caremark Corporation, Siemens AG and the New York Racing Association, as well as the former chairman and CEO of Computer Associates and other individuals in connection with a wide variety of federal and state criminal, regulatory and civil matters.
Mr. McInerney is recognized for his work by leading industry publications, including:
- Chambers USA – White Collar Crime and Government Investigations
- Benchmark Litigation – “Star”: National and New York
- Legal 500 U.S. – Corporate Investigations and White-Collar Criminal Defense
- Who's Who Legal – Business Crime Defence
- Contributing author to “A Practitioner’s Guide to U.K. Money Laundering Law and Regulation,” published by City & Financial Publishing; co-authored chapter on “The Extra-Territorial Effect of U.S. Anti-Money Laundering Law,” which provides a practical perspective on the implications of U.S. anti-money laundering laws and regulations outside of the United States
- Member, The American Law Institute
- President of the Board, Sanctuary for Families
Counsel, Davis Polk, 2020-Present
Partner, Davis Polk, 1997-2010; 2014-2019
- Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice, 2013-2014
- Chief of the Fraud Section, Criminal Division, U.S. Department of Justice, 2010-2013
- Associate Independent Counsel, Whitewater Investigation, 1994
- Deputy Chief, Criminal Division, U.S. Attorney’s Office, Southern District of New York, 1993-1994
- Assistant U.S. Attorney, Criminal Division, U.S. Attorney’s Office, Southern District of New York, 1989-1994
- Associate, Davis Polk, 1986-1989; 1994-1997
- Law Clerk, Hon. Kevin Thomas Duffy, U.S. District Court, S.D. New York, 1984-1986