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.

Requirements

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: Candidates with a law degree (J.D. or LL.B or equivalent) and bar membership and either Superior Academic Achievement or 1 year of relevant legal experience after completion of law school. The following educational activities may be substituted for the year of required experience at this level: top third or above of law school graduating class; significant achievement on law review; moot court participation; relevant law school course work; law clerk experience with a major law firm, federal judge, U.S. Attorney's or Federal Public Defender's Office, or Federal agency; or superior legal writing ability as evidenced by current legal publications or the equivalent.

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.

Additional information

***This section has been updated***

All employees are required to follow the Agency's telework policy. If selected, you will be required to report to your assigned duty station to complete all onboarding procedures.

Relocation: Relocation expenses will not be paid.

Trial Period: You may be subject to a two-year trial period, if applicable.

This position may be under the Bargaining Unit located in the National Treasury Employee Union (NTEU) Chapter 337.

This vacancy may be used to fill additional positions.

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.

Veterans' Preference: There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Commodity Futures Trading Commission 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, http://www.opm.gov/forms/pdf_fill/sf15.pdf 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).