Mr. McInerney is a member of 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 recently 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, health care 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.