Trial Attorney

Summary

*Updates have been made to the Qualifications Section of JOA* The CFTC's Division of Enforcement (DOE) is responsible for enforcing the Commodity Exchange Act (Act) and Commission Regulations (Regulations). As such, DOE investigates and litigates suspected violations of the Act and Regulations, including fraud, manipulation, and other abuses concerning derivatives and commodities.

Duties

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This position supports the work of DOE's Complex Fraud and Retail Fraud & General Enforcement Task Forces. The Task Forces are responsible for conducting investigations and enforcement activities pursuant to the Act and Regulations. This includes investigating suspected violations, as well as carrying out civil actions in federal district courts such as injunctive proceedings, hearings, and trials.

If selected, you will join a well-respected team, serving as a trial attorney, responsible for investigating suspected violations of and enforcing the Act and Regulations.

At the full performance level, the duties include:

The incumbent plans, organizes, and participates in or directs investigations of suspected violations of the Act and Regulations. Such investigations may include issuing document requests, taking testimony under oath, and gathering and analyzing documents and trading records.

The incumbent supervises or independently interviews witnesses during the investigation. The incumbent supervises or independently assembles, correlates, studies, and analyzes the data obtained and prepares reports of facts developed, including detailed exhibits, schedules, and other documents. The incumbent also briefs DOE management as to factual findings, legal analyses, and recommendations on how to proceed.

The incumbent participates in the prosecution of civil actions in federal district courts on behalf of the CFTC. This includes drafting complaints, motions, and other briefing; taking depositions; propounding and responding to discovery requests; and representing the CFTC in hearings and trials.

The incumbent participates in the administrative resolution of enforcement matters. This includes drafting proposed administrative orders for the CFTC's consideration, as well as drafting corresponding offers and CFTC memoranda recommending specific resolutions.

Serves as the lead or junior attorney in cases, coordinating and supervising the work activities of other assigned staff in conducting investigations and preparing for and conducting trials before federal district courts.

Participates in and assists in formal training activities of DOE staff within its various offices.

As directed by the assigned supervisor, the incumbent conducts liaison activities with the Department of Justice/U.S. Attorney's Offices and other law enforcement and regulatory authorities, such as the Federal Bureau of Investigation, U.S. Postal Inspection Service, the Securities and Exchange Commission, and State Attorneys General, among others, regarding enforcement activities, including the investigation and prosecution of fraud cases.

Recommends to the assigned supervisor, when appropriate, that evidence obtained during an investigation indicating that criminal violations of the federal commodity laws have occurred, be referred to the Department of Justice.

Matters or other projects assigned to the incumbent for investigation and litigation involve complex legal or factual issues (or both). Such difficulties most frequently arise from the factual and legal complexity of the matter under investigation/litigation. Matters are frequently of such a nature that their outcome will have a significant effect on the commodity derivatives industry or a major segment thereof. Because of the importance of the matters assigned, the incumbent can be expected to face capable and qualified legal counsel throughout the duration of the open matter.

Requirements

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Conditions of employment

• U.S. Citizenship
• Favorable Background/Security Investigation
• Males born after 12-31-1959 must be registered for Selective Service.
• May be subject to a two-year trial period.
• Must be an active member of the bar in good standing.

Applicants are responsible for citing minimum qualifications such as JD and/or LLM equivalent and Bar membership information (institution name, state for bar, and dates) on their respective resumes. Failure to supply details will result in an incomplete application. Please provide proof of bar membership.

Qualifications

BASIC REQUIREMENT: All applicants must possess the following:

• J.D.; and
• Active membership of the bar in good standing in any state, territory of the United States, the District of Columbia, or the commonwealth of Puerto Rico. (Note: proof of bar membership will be required before entry on duty)

AND

To qualify at each grade level, you must have the following:

CT-13: You must have a J.D. and/or LLM equivalent Degree, bar membership and three years of relevant legal practice experience, acquired after obtaining a juris doctorate degree, commensurate with the duties and responsibilities of a legal position. Relevant experience is defined as an attorney, law clerk, or other legal experience which was obtained subsequent to graduation from law school.

Qualifying experience may include: demonstrating excellent writing and critical thinking skills; participating in investigations; interviewing witnesses; researching and writing legal memoranda and litigation documents; knowledge of the Federal Rules of Civil Procedure and Federal Rules of Evidence; developing case strategy; engaging in all aspects of discovery, including depositions; and assisting attorneys in preparation for and participating in trials.

CT-14: You must have a J.D. and/or LLM equivalent Degree, bar membership and four years of relevant of legal practice experience, acquired after obtaining a juris doctorate degree, commensurate with the duties and responsibilities of a legal position. Relevant experience is defined as an attorney, law clerk, or other legal experience which was obtained subsequent to graduation from law school.

Qualifying experience may include: demonstrating excellent writing and critical thinking skills; leading investigations; taking primary responsibility in interviewing witnesses; researching and writing legal memoranda and litigation documents; substantial knowledge of the Federal Rules of Civil Procedure and Federal Rules of Evidence; developing case strategy; engaging in and having primary responsibility for all aspects of discovery, including depositions; having primary responsibility in preparing for and conducting trials; briefing senior managers or clients on factual developments and legal theories of ongoing investigations and litigations.

Selections may be made at either grade levels.

All requirements must be met at the time of application.

Education

Successful completion of a full course of study (J.D.) in a school of law accredited by the American Bar Association (ABA).

To be creditable, education must have been obtained in an accredited college or university. You must report only attendance and/or degrees from schools accredited by accrediting institutions that are recognized by the U.S. Department of Education. For a list of schools that meet this criterion, see www.ed.gov.

SPECIAL INSTRUCTIONS FOR FOREIGN EDUCATION: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: http://www.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html

Additional information

Relocation: Relocation expenses will not be paid.

Trial Period: As a condition of employment for accepting this position, you may be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:

• Your performance and conduct;
• The needs and interests of the agency;
• Whether your continued employment would advance organizational goals of the agency or the Government; and
• Whether your continued employment would advance the efficiency of the Federal service. Upon completion of your probationary/trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

This is a Bargaining Unit position located in the National Treasury Employee Union (NTEU) Chapter 337.

More than the number of positions listed may be filled through this vacancy announcement.

The overall salary range is provided for informational purposes as it represents the full range that is applicable to current employees in this occupation/grade. A new hire's direct and overall experience are critical factors in determining a salary offer, therefore, it is important that your resume fully reflects all of your work experience. Note that the upper end of each range is typically applicable only to candidates with significant years of work experience and qualifications Please review the CFTC Compensation Program website for additional information.

The law prohibits public officials from appointing, promoting, or recommending their relatives. The law prohibits requesting, making, transmitting, accepting, or considering political recommendations for employment or other personnel actions for non-political positions. This includes recommendations from Members of Congress, Congressional employees, elected state or local officials, and political party officials and any recommendation based on party affiliation.

Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.

Benefits

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A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.

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Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.