Job DescriptionGENERAL DESCRIPTIONApplicants must pass an extensive MFCU/OAG background investigation before hire, including criminalhistory, employment, education, credit and financial history, reputation, and social media review. MFCU will conduct initial interviews and submit a candidate to USAOEDTX for approval to proceed before initiating the background investigation. After a candidate successfully completes the MFCU background investigation, the candidate will be eligible to proceed to hire. The federal background investigation, security screening, credentialing, and authorization required by USAOEDTX or DOJ to serve as a Special Assistant United States Attorney (SAUSA) will occur after hire. The position ultimately requires the employee to obtain and maintain a Top Secret federal security clearance.
This posting is for an Assistant Attorney General in the Texas Medicaid Fraud Control Unit (MFCU) who is intended to be appointed or crossdesignated as a SAUSA and detailed to the United States Attorney's Office for the Eastern District of Texas (USAOEDTX), Plano, TX office, to serve as a federal health care fraud trial attorney/prosecutor. In practical terms, the position will function as a federal health care fraud prosecutor and perform substantially similar litigation duties to AUSAs handling assigned health care fraud matters, subject to USAOEDTX supervision and MFCU grant requirements. The position will support the investigation and prosecution of health care fraud matters in the Eastern District of Texas involving fraud against the Texas Medicaid Program and federal health care programs, including provider fraud schemes, kickbacks, false claims, and related criminal matters. All assigned matters must possess a Texas Medicaid nexus.
This position will direct, conduct, and monitor investigations; advise investigators; prepare pleadings and court filings; litigate motions; negotiate dispositions; and prepare for and conduct trials. Matters may originate from MFCU, USAOEDTX, HHSOIG, the FBI, or other federal investigative partners, provided they possess a Texas Medicaid nexus. Upon accepting an offer, applicants must be willing and able to commit to a threeyear USAOEDTX SAUSA assignment. This position will be detailed to the USAOEDTX Plano office, with the DFW MFCU regional office in Grand Prairie serving as the reporting MFCU office. Duties may include caserelated travel to other locations within the Eastern District of Texas as operational and litigation needs require.
Generally, as a SAUSA assigned to USAOEDTX, the position:
Handles the development and management of health care fraud prosecutions, including grand jury practice, advising federal agents, drafting pleadings, litigating motions, conducting hearings, negotiating case resolutions, and trying criminal cases to verdict in U.S. District Court;
Evaluates evidence, recommends charging decisions, and proposes dispositions in assigned cases; and
Coordinates with USAOEDTX supervisory personnel, federal agents, and state/federal investigative partners on case strategy, legal issues, litigation priorities, and efficient prosecution of matters with a Texas Medicaid nexus.
The position will be supervised by the Deputy Chief of Prosecutions in MFCU's Austin headquarters for OAG employment and nonfederal issues. While performing SAUSA duties, the position will be supervised daytoday by USAOEDTX on litigation matters and federal prosecutorial work. The position is responsible for keeping MFCU investigative partners informed of significant case developments and court activity necessary for MFCU coordination and reporting. In addition to required USAOEDTX or DOJ training, MFCU will provide health care fraud training opportunities, including MFCU's annual statewide training conference and national training opportunities, based on scheduling and resource availability.
As a condition of MFCU's federal grant funding, this position must engage only in health care fraud investigation and prosecution activities with a Texas Medicaid nexus.
ESSENTIAL POSITION FUNCTIONS- Prepares and prosecutes complex criminal cases involving federal health care laws and regulations, pursuant to U.S. Criminal Codes and Federal Code of Criminal Procedures
- Prepares legal pleadings, motions, petitions, and other legal documents
- Prepares all phases of criminal prosecution from investigation forward, including the preparation of cases for trial, grand jury, discovery, jury and bench trial, and appellate process when necessary
- Analyzes complex factual and legal issues and develops evidence through witness interviews, subpoenas, search warrants, proffers, and other legal process
- Performs legal research and reports findings and conclusions
- Advises investigators and management on factual and legal issues
- Assists investigators and auditors in investigations
- Uses personal vehicle, or agency pool vehicles when available, for businessrelated travel with reimbursement
- Maintains relevant knowledge necessary to perform essential job functions
- Attends work regularly in compliance with agreedupon work schedule and in accordance with agency leave policy
- Ensures security and confidentiality of sensitive and/or protected information
- Complies with all agency policies and procedures, including those pertaining to ethics and integrity
- Complies with requirements of federal grant funding for the MFCU, including performance measures and limiting work to approved health carerelated investigation and prosecution
MINIMUM QUALIFICATIONSAssistant Attorney General (AAG) IV:
- Education: Graduation from an accredited law school with a J.D.
- Licensed as an attorney by the State of Texas
- Member in good standing with the State Bar of Texas
- Experience: Three years of fulltime litigation experience
- Knowledge of laws, legal principles, and practices relevant to federal criminal practice, including the U.S. Code, Federal Code of Criminal Procedure, Federal Rules of Evidence, and Code of Federal Regulations.
- Skill in handling multiple tasks, prioritizing, and meeting deadlines
- Skill in effective oral and written communication [Writing sample required at time of interview, if selected]
- Skill in exercising sound judgment and effective decision making
- Skill in legal research, writing, and analysis; in conducting investigations; in proffers and plea negotiations; in using reasoning and logic; in identifying factual and legal issues and solving complex problems; in applying applicable laws; in prioritizing workloads; in using judgment to identify courses of action; and in the use of a computer and applicable software
- Ability to prepare legal documents, to conduct research, to interpret and apply laws, to summarize findings, to prepare cases and present at trial, to conduct hearings, to communicate effectively, and to train others
- Ability to receive and respond positively to constructive feedback
- Ability to work cooperatively with others in a professional office environment
- Ability to provide excellent customer service
- Ability to work in person at assigned OAG work location or US Attorney's Office, perform all assigned tasks at designated workspace within designated work location, and perform inperson work with coworkers (e.g., collaborating, training, mentoring) as required by current inperson/telework policy
- Ability to arrange for personal transportation for businessrelated travel
- Ability to work more than 40 hours as needed and in compliance with the FLSA
- Ability to lift and relocate 30 lbs.
- Ability to travel (including overnight travel) up to 20%
Assistant Attorney General (AAG) V: All the above qualifications for an AAG V, PLUS:
- Experience: One additional year fulltime litigation experience
PREFERRED QUALIFICATIONS- Extensive experience as a criminal prosecutor
- Experience with civil or criminal health care fraud matters
- Experience in white collar crime litigation
- Experience litigating federal or state criminal cases
- Experience in U.S. District Court
- Experience with the federal judiciary
TO APPLY To apply for a job with the OAG, electronic applications can be submitted through CAPPS Recruit. A State of Texas application must be completed to be considered, and paper applications are not accepted. Your application for this position may subject you to a criminal background check pursuant to the Texas Government Code. Military Crosswalk information can be accessed at
https://hr.sao.texas.gov/Compensation/MilitaryCrosswalk/MOSC_Legal.pdf
