Trial Attorney

About the role

*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.

What you will do

• 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

• 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.

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 ***

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: ***

How you will be evaluated

This job is being filled under a Schedule A hiring authority 5 C.F.R. § 213.3102 and is excepted from the competitive civil service. You will be evaluated and deemed either eligible or ineligible based on the relevance and quality of your experience and education, bar membership, and desired qualifications described above.

These positions are not covered by the usual civil service hiring procedures. There is no numerical rating system through which to apply veterans' preference; however, CFTC considers veterans' preference eligibility as a positive factor in hiring.

Applicants eligible for veterans' preference are encouraged to include that information in their cover letter or resume, and to attach supporting documentation (e.g., the DD Form-214 or other substantiating documents) to their submissions. All eligible applicants will be further evaluated by subject-matter experts.

Your resume will be referred to the selecting official if you have submitted a complete application package to include resume, bar membership details, and any applicable transcripts. This does not mean you are considered qualified for the position.

A qualification analysis will be conducted to ensure the selectee meets all requirements, including education and minimum qualifications listed on the vacancy announcement. A complete application package is required to be considered qualified and eligible for selection.

Please review the "Requirements" section of the vacancy announcement to understand the list of required documents for a complete application package. Additional information may be requested later in the recruitment process.

Veterans' Preference: There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the CFTC considers veterans' preference eligibility as a positive factor in attorney hiring.

Applicants eligible for veterans' preference must indicate their preference in response to the appropriate question in their assessment questionnaire (it is also recommended that information is included in their cover letter or resume) and they must submit supporting documentation (e.g., DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) which verifies their eligibility for preference.

Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, *** for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s).

Applicants should note that SF 15 requires supporting documentation associated with service-connected disabilities or receipt of non-service-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

You may preview questions for this vacancy.

Documents you must provide

• Resume showing all relevant and related experience (two pages max).
• If selected, your resume will be used to determine your initial pay setting decision; JD/Transcripts (unofficial copy is accepted for application package, but an official copy with date degree was awarded is required prior to a firm offer letter being extended); Bar membership details; Certificate of Good Standing Writing sample demonstrating analysis of complex legal issues (optional)

What to expect next

For information on what each Application Status means, visit: *** Please notify us if your contact information changes after the closing date of the announcement.

Also, note that if you provide an email address that is inaccurate or if your mailbox is full or blocked (e.g., spam-blocker), you may not receive important communication that could affect your consideration for this position.

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.