Summary
With an expanded mission and authority including oversight of the swap markets, the CFTC continues to protect the American public by promoting market integrity, transparency and preventing and prosecuting fraud, manipulation and other abuse in the futures and options markets. The CFTC is looking for talented, accomplished, and energetic Trial Attorneys to join forces with our agency to help us maintain the integrity of the Commodity Exchange Act.
Clarification from the agency
This position is open to the public. Positions may be located at any of the CFTC locations: Washington, DC; New York, NY; Chicago, IL; and Kansas City, MO.
Duties
As a Trial Attorney, you may join one of two well-respected Divisions; serving on a team responsible for supporting the Act and Regulations adopted by the Commodity Futures Trading Commission (CFTC). Selections may be made in The Office of General Counsel (OGC) or The Division of Enforcement (DOE).
The Division of Enforcement is responsible for conducting investigations and enforcement activities pursuant to the provisions of the Commodity Exchange Act (Act) and the rules and regulations adopted by the Commission thereunder (Regulations). These include investigating suspected violations of said statute, rules, and regulations, conducting administrative proceedings before the Commission itself, and conducting civil actions in federal district courts including injunctive and subpoena enforcement actions.
This position is located in the Office of the General Counsel (OGC). OGC represents the Commission in the U.S. District Courts, Bankruptcy Courts, Courts of Appeals, and various administrative bodies including the Equal Employment Opportunity Commission, Merit Systems Protection Board, and Federal Service Impasses Panel. It also assists the Solicitor General in representing the Commission before the U.S. Supreme Court. OGC litigation staff represents the Commission in appeals of enforcement actions, challenges to agency actions, derivatives-industry bankruptcies, employment lawsuits, other administrative litigation, and as amicus curiae in a range of matters.
The Branch reviews draft regulations, releases, and other proposed agency actions for litigation risk, including but not limited to compliance with the Administrative Procedures Act and Commodity Exchange Act (CEA) provisions such as the requirement that the Commission consider the costs and benefits of many of its actions. The Branch advises the Commission on its adjudication function. The Commission hears appeals in administrative cases arising from its reparations program and from certain exchange or National Futures Association decisions. The Branch reviews the appeals, makes recommendations to the Commission, and drafts opinions and orders.
At the full performance level, the duties may include:
- Investigating suspected violations of the Act and Regulations by taking investigative testimony, interviewing witnesses, acquiring and reviewing documentary information, and analyzing the evidence to determine whether violations of the Act and Regulations have occurred;
- Litigating all phases of CFTC enforcement actions against defendants in U.S. District Courts including writing federal court complaints and Commission litigation recommendation memoranda; propounding and responding to written discovery; taking and defending depositions; researching, writing and arguing motions before federal district court judges; and representing the CFTC at trials and other proceedings;
- Engaging in cooperative enforcement by working in parallel with other federal and state regulatory agencies including, among others, the Department of Justice and the Securities and Exchange Commission;
- Reviews draft regulations, releases, and other proposed agency actions for litigation risk, including but not limited to compliance with the Administrative Procedures Act and Commodity Exchange Act (CEA) provisions such as the requirement that the Commission consider the costs and benefits of many of its actions; and
- Advises the Commission on its adjudication function and reviews the appeals, makes recommendations to the Commission, and drafts opinions and orders.
Conditions of Employment
- U.S. Citizenship
- Background/Security Investigation
- Males born after 12-31-1959 must be registered for Selective Service
- Required to serve a 2-year trial period
Bar Membership: Currently an active member in good standing of the bar of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico.
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.
You must answer each qualification question for the grade or grades you wish to be considered for employment.
Qualifications
To qualify at each grade level, you must have the following:
CT-11: You must have a J.D. and/or LLM equivalent Degree, bar membership and one year of relevant legal practice experience, acquired after being admitted to the bar, 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 practical writing and communication skills; assisting in the investigation process; preparing documents for review; applying legal research skills; knowledge of the Federal Rules of Civil Procedure and Federal Rules of Evidence; assisting senior attorneys in depositions; and assisting senior attorneys in preparation for and conducting trials in federal court.
CT-12: You must have a J.D. and/or LLM equivalent Degree, bar membership and two years of relevant legal practice experience, acquired after being admitted to the bar, 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; interviewing witnesses; participating in investigations; preparing document requests; reviewing documents; researching and writing legal memoranda and litigation documents; knowledge of the Federal Rules of Civil Procedure and Federal Rules of Evidence; engaging in all aspects of discovery; deposition preparation; conducting or assisting senior attorneys in depositions; and assisting senior attorneys in preparation for and conducting trials in federal court.
Selections may be made at either grade level.
Education
Education: Successful completion of a full course of study (JD) and/or LLM, or equivalent, in a school of law accredited by the American Bar Association (ABA).
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
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
Applicants who have completed part or all of their education outside of the U.S. must have their foreign education evaluated to ensure that the foreign education is comparable to education received in accredited educational institutions in the U.S. This evaluation must be provided by midnight Eastern Time on the closing date of this vacancy announcement. We will only accept the completed foreign education evaluation.
Benefits
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.
We offer a comprehensive benefits package that includes, in part, paid vacation, sick leave, ten Federal holidays, life insurance, free dental, medical benefits, Life Cycle/Wellness Fund, telework, flexible work schedules and participation in the Federal Employees Retirement System. Explore the major benefits offered to CFTC employees at http://www.cftc.gov/About/Careers/EmployeeBenefits/index.htm.
Review our benefits
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.
You will be evaluated for this job based on how well you meet the qualifications above.
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 for the initial review of qualifications. This does not certify that you are qualified for the position. A qualification analysis will be conducted by the HR Specialist 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. A complete package must include a resume, bar membership details, law school transcripts and any other applicable documents relevant to the position or listed on the vacancy announcement. Please review the "Requirements" section of the vacancy announcement to understand the list of require documents for a complete application package. Additional information may be requested later in the recruitment process. You may preview questions for this vacancy.
- Resume citing relevant experience Required
- JD and/or LLM and Bar membership details Required
- College Transcript (Law School Transcripts) Required (The date degree was awarded must be included on transcripts)
- Letter of Good Standing
- Writing sample, illustrating relevant experience (optional)
- Cover Letter (optional)
- SF-50 (if applicable)
If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from
schools accredited by accrediting institutions recognized by the U.S. Department of Education.
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
YOU MUST APPLY ONLINE.
Your complete application, including required documents, must be received by 11:59 p.m. Eastern Time (EST) on the closing date of this announcement. You must complete and submit an application by accessing the USAJOBS website at USAJOBS.GOV. To begin, click the Apply Online button within the vacancy announcement and follow the prompts to create an account using LOGIN.GOV, if you have not done so already. LOGIN.GOV will walk you through each step of the account set-up and will automatically link your USAJOBS profile to LOGIN.GOV. Once you have established an account using LOGIN.GOV, you will then go back to USAJOBS.GOV using your LOGIN.GOV user name and password to answer the questions, and submit all required documents. If you already have established an LOGIN.GOV account or want to return to your saved application go to USAJOBS.GOV using your LOGIN.GOV user name and password to apply or view your profile. If you have problems completing your on-line application, including problems submitting your supporting documents, please contact the Help Desk by e-mail at mgshelp@monster.com or phone at 1-866.656.6831. The help desk is available Monday-Friday, 7:00 a.m. to 7:00 p.m. EST.
To verify the status of your application, log into your USAJOBS account (https://my.usajobs.gov/Account/Login), all of your applications will appear on the Welcome screen. The Application Status will appear along with the date your application was last updated. For information on what each Application Status means, visit: https://www.usajobs.gov/Help/how-to/application/status/.
Next steps
Your status will also be updated on USAJOBS throughout the process. You can check your status, by accessing the USAJOBS website at http://usajobs.gov/ and clicking on "Track Your Online Application."
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