Trial Attorney

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. 

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 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; 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 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; 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 all grade levels.

Responsibilities:

The DOE conducts investigations and enforcement activities pursuant to the Act and Regulations. These include investigating suspected violations of the Act and Regulations and conducting civil actions in federal district courts, including 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.

Salary : $148,873