The Division of Enforcement is seeking applicants to fill the position of Chief Litigation Counsel. The successful candidate will be assigned to the Office of Chief Litigation Counsel, Division of Enforcement, U.S. Securities and Exchange Commission. This position requires a one year Senior Officer (SO) trial period. The full performance level of this position is SO-2.
Summary
The Division of Enforcement is seeking applicants to fill the position of Chief Litigation Counsel. The successful candidate will be assigned to the Office of Chief Litigation Counsel, Division of Enforcement, U.S. Securities and Exchange Commission. This position requires a one year Senior Officer (SO) trial period. The full performance level of this position is SO-2.
The Division of Enforcement investigates possible violations of securities laws, recommends Commission action when appropriate, either in federal court or before an administrative law judge, and negotiates settlements. The successful candidate will work with the Division's Deputy Chief Litigation Counsel and Chief of the Office of Bankruptcy, Collections, Distributions and Receiverships, and other supervisory personnel in the direct supervision of the Home Office Trial Unit located in the SEC's Headquarters in Washington, DC. The incumbent will conduct, supervise, coordinate and evaluate for quality control the United States district court litigation and administrative proceedings conducted by the Home Office as well as the Division's eleven regional offices.
This responsibility includes reviewing and supervising pre-trial matters, including depositions and discovery, as well as supervision of the conduct of the actual trial. The incumbent oversees the Commission's nationwide litigation program, ensuring that the Commission is well represented in district courts and in administrative proceedings, and that consistent positions are taken and quality representation is consistently provided on a prompt and efficient basis. The incumbent also oversee the process through which the SEC returns money to harmed investors - through distributions and the work of court-appointed receivers - and collects outstanding monetary judgments both in district court and bankruptcy proceedings. The incumbent also works closely with the Division Director and Deputy Director, as well as other members of the senior leadership to ensure effective coordination of litigation and litigation-related issues Division-wide, as well as with other Divisions within the Commission structure.
Typical Duties Include:
Supervising and directing the Division of Enforcement's litigation program conducted by attorneys who are under the direct supervision of the Chief Litigation Counsel.
Supervising and coordinating all cases in litigation in Headquarters and regional offices of the Commission, to include the activities of all trial attorneys nationwide.
Supervising bankruptcy, receivership, collections and distributions aspects of investigations and of cases in the United States district court litigation and administrative proceedings conducted by the Headquarters office and the regional offices.
Establishing and monitoring standards of quality control for the preparation of legal papers and documents used in administrative and court proceedings.
Working closely with the Division Director, Deputy Director and other senior personnel on matters in investigation that may or may not result in actual litigation.
Supervising and managing a staff comprised of attorneys and clerical support to ensure that manpower and resources are being utilized in the most effective manner. Counseling employees on administrative and technical matters. Assigning work based on program priorities and subordinates' capability. Evaluating employee performance, resolves employee complaints, and effects disciplinary measures as required. Recommending promotions and reassignments.
Supervising the Division's collections efforts in federal district courts nationwide.
Participating actively with and giving advice to appellate attorneys in the Office of General Counsel in the preparation of briefs to be filed in U.S. Circuit Courts of Appeal resulting from the appeal of enforcement cases decided in the U.S. District Courts.
Developing appropriate training programs which have as their objectives the improvement of pre-trial preparation, the raising of the quality of moving papers filed in administrative and court proceedings and the development of trial skills and techniques on the part of trial attorneys.
Participating as a panelist on behalf of the division and the Commission in collaborative law enforcement programs, bar association presentations, industry conferences and meetings, and law school conferences held by similar groups and associations.
As a member of the top managerial group of the Division, actively participating in meetings involving all aspects of the Division's responsibilities. Making known his/her own views and opinions as to proposed courses of action and, upon assignments by the Director, accepts responsibility for special phases or projects.
Advising the Director and Deputy Director and/or the Commission regarding enforcement strategy for important and sensitive cases. Giving similar advice and guidance to Regional Directors and Regional Trial Counsel and trial attorneys.
You must be an active member of the bar in good standing.
CITIZENSHIP: This position is open to US Citizens.
Application procedures are specific to this vacancy announcement. Please read all the instructions carefully. Failure to follow the instructions may result in you not being considered for this position.
Supplementary vacancies may be filled in addition to the number stated in this announcement.
This position has promotion potential to the SO-02.
TRIAL PERIOD: This appointment may require completion of a two year supervisory/managerial trial period.
SECURITY CLEARANCE: Entrance on duty is contingent upon completion of a pre-employment security investigation. Favorable results on a Background Investigation may be a condition of employment or selection to another position.
DRUG TESTING: This position may be subjected to drug testing requirements.
PERMANENT CHANGE OF STATION (PCS): Moving/Relocation expenses are not authorized.
DIRECT DEPOSIT: All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choosing.
This position is not in the collective bargaining unit.
For consideration at the SO-2 level, you must currently hold a SO-2 position within the SEC.
Due to COVID-19, the SEC is currently in an optional telework posture. This position is eligible to request telework in accordance with the SEC 's telework policy.
All SEC employees (whether teleworking or working onsite) who are not approved for a reasonable accommodation must be fully vaccinated against COVID-19.
For information about where to obtain a vaccine at no cost to you, please visit Vaccines.gov.
Qualifications
All qualification requirements must be met by the closing date of this announcement.
Qualifying experience may be obtained in the private or public sector. Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community, student, social). Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience. Qualifying education must have been obtained from an accredited college or university recognized by the U.S. Department of Education.
BASIC REQUIREMENT: All applicants must possess the following
J.D. or LL.B. degree --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.
MINIMUM QUALIFICATION REQUIREMENT: In addition to meeting the basic requirement, applicants must also meet the minimum qualification requirement.
SO-01: Applicant must have four year(s) of post J.D. work experience as a practicing attorney, three years of which includes the following:
Applying knowledge and experience in interpreting Federal securities laws, and conducting securities investigations, and enforcement activities under the Federal Securities Acts relating to the anti-fraud, anti-manipulative, and other provisions of the Acts.
Education
FOREIGN EDUCATION: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show 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
Official Transcripts will be required at the time of appointment to verify educational eligibility.
Additional information
SEC COMPENSATION PROGRAM: The overall salary range listed above is provided for informational purposes as it represents the full range that is applicable to current employees in this occupation/grade; however, a selectee's initial pay is always set below the maximum rate of the range. Please click here for additional information.
SECURITIES AND EXCHANGE COMMISSION (SEC) VACCINATION REQUIREMENT: In accordance with Executive Order 14043 (Requiring Coronavirus Disease 2019 Vaccination for Federal Employees) and to protect the health and safety of the federal workforce, all SEC employees (whether teleworking or working onsite) must be fully vaccinated against COVID-19. If selected for this position, you will be asked to attest to your current vaccination status and provide a copy of the documentation to support your vaccination status. Additionally, if selected, you may request an exemption from the mandatory vaccination due to a qualifying disability or medical condition, or a sincerely held religious belief, practice or observance. If you have additional questions pertaining to the SEC's vaccination policy, email askHR at askHR@sec.gov.
Reasonable Accommodation: If you are an applicant who needs a reasonable accommodation for disability to participate in the application process at the SEC, submit the form for Reasonable Accommodation for Participation in Job Application Process here. Please be sure to submit your request at least 5 business days in advance of the date you need the requested accommodation.
Equal Employment Opportunity (EEO) Information for SEC Job Applicants: Federal EEO laws protect all applicants from discrimination on the following bases: race, color, sex (not limited to conduct which is sexual in nature, includes pregnancy, gender identity, sexual orientation, transgender status), age (40 and over), religion, national origin, disability, genetic information, retaliation for participating in the EEO process or opposing discrimination. Applicants who believe they have been discriminated against on any EEO basis can seek recourse through the SEC's administrative complaints process. To be timely, an individual must enter the EEO process within 45 days from when they know (or should have known) of the alleged discrimination. Click here for additional information.
TTY/ASCII: Video Relay Service users are welcome to contact the appropriate SEC office or employee via the contact information listed above. If you do not otherwise have access to a Video Phone or Video Relay service, you may send us an email or use the Federal Video Relay Service via the internet. For more information about using the Federal Relay Service and to create a new account, please see: https://www.federalrelay.us/
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.
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.
How you will be evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
Your resume and supporting documentation will be used to determine whether you meet the job qualifications listed on this announcement. If you are basically qualified for this job, your resume and supporting documentation will be compared to your responses on the Occupational Questionnaire. All applicants found to be minimally qualified will be required to provide narrative responses (500 words or less per question) regarding the executive (core) and technical qualifications. After the announcement closing date, an HR specialist will determine if you meet the minimum qualifications described in the Qualifications Section. If you do, you will receive an email asking you to respond to the core and technical qualifications listed below. You must provide your responses within the established deadline.
You will be rated on the following Competencies:
Core Qualifications:
Management Experience: Experience designing and implementing strategies which maximize employee potential and foster high ethical standards in meeting the organization's vision, mission, and goals.
Leading Change/Achieving Results: Experience developing and implementing an organizational vision which integrates key national and program goals, priorities, values, and other factors of that organization. Examples should include experience implementing change in his/her organization, exercising leadership and motivating managers to incorporate vision and strategic planning into the process.
Building Coalitions/Communications: Experience explaining, advocating, and expressing facts and ideas (both orally and in writing) in a convincing manner. Experience working with the press, political appointees, Congress, and other high-level organizations and staff on various types of important national issues. Experience includes working in groups and teams conducting briefings with outside groups and gaining cooperation from others to obtain information and accomplish goals.
Technical Qualifications:
Describe your knowledge and understanding of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940.
Describe your ability to analyze complex problems and devise innovative solutions which may have precedent-setting impact
Describe your skill in conducting complex litigation
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.
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 must provide a complete Application Package, which includes:
Required: Your responses to the Occupational Questionnaire.
Required: Your complete and comprehensive resume that includes a complete history of your work experience and the applicable employment dates with months and years. To determine if you qualify for this position, OHR will review your work history that is relevant to the specific position for which you applied. If you are an external candidate selected for this position, OHR will review your complete work history to establish your starting salary.Note: Your resume must directly address the definition of specialized experience listed in the qualification section of this announcement and must NOT contain pictures.
Required, if applicable: Veteran's documentation (DD-214, member 4 copy or other documentation containing dates of service and character of discharge.)
If you are relying on your education to meet qualification requirements:
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.
To apply for this position, you must complete the online application and submit the documentation specified in the Required Documents section below.
A complete application package must be submitted by 11:59 PM (EST) on the closing date of the announcement to receive consideration.
To begin, click Apply to access the online application. You will need to be logged into your USAJOBS account to apply. If you do not have a USAJOBS account, you will need to create one before beginning the application.
Follow the prompts to select your résumé and/or other supporting documents to be included with your application package. You will have the opportunity to upload additional documents to include in your application before it is submitted. Your uploaded documents may take several hours to clear the virus scan process.
After acknowledging you have reviewed your application package, complete the Include Personal Information section as you deem appropriate and click to continue with the application process.
You will be taken to the online application which you must complete in order to apply for the position. Complete the online application, verify the required documentation is included with your application package, and submit the application.
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/.
If you are unable to apply online or need to fax a document you do not have in electronic form, view the following link for information regarding an Alternate Application.
Division of Enforcement
100 F Street NE
Washington, DC 20549
US
Next steps
You will be notified of your application status through USAJOBS at four points during the hiring process, as applicable. You can check the status of your application by accessing the USAJOBS website at http://usajobs.gov/ and clicking on "Track Your Online Application."
By submitting your application, you are certifying the accuracy of the information contained in your application. If you make a false statement in any part of your application, you may not be hired, you may be terminated after you begin work, or you may be fined or jailed. After making a tentative job offer, we will conduct a suitability/security background investigation. You will be required to submit official documentation before appointment. The agency will then verify the information provided on your application (i.e., degree, Veterans' Preference, certification of disability, etc.).
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
You must provide a complete Application Package, which includes:
Required: Your responses to the Occupational Questionnaire.
Required: Your complete and comprehensive resume that includes a complete history of your work experience and the applicable employment dates with months and years. To determine if you qualify for this position, OHR will review your work history that is relevant to the specific position for which you applied. If you are an external candidate selected for this position, OHR will review your complete work history to establish your starting salary.Note: Your resume must directly address the definition of specialized experience listed in the qualification section of this announcement and must NOT contain pictures.
Required, if applicable: Veteran's documentation (DD-214, member 4 copy or other documentation containing dates of service and character of discharge.)
If you are relying on your education to meet qualification requirements:
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.
To apply for this position, you must complete the online application and submit the documentation specified in the Required Documents section below.
A complete application package must be submitted by 11:59 PM (EST) on the closing date of the announcement to receive consideration.
To begin, click Apply to access the online application. You will need to be logged into your USAJOBS account to apply. If you do not have a USAJOBS account, you will need to create one before beginning the application.
Follow the prompts to select your résumé and/or other supporting documents to be included with your application package. You will have the opportunity to upload additional documents to include in your application before it is submitted. Your uploaded documents may take several hours to clear the virus scan process.
After acknowledging you have reviewed your application package, complete the Include Personal Information section as you deem appropriate and click to continue with the application process.
You will be taken to the online application which you must complete in order to apply for the position. Complete the online application, verify the required documentation is included with your application package, and submit the application.
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/.
If you are unable to apply online or need to fax a document you do not have in electronic form, view the following link for information regarding an Alternate Application.
Division of Enforcement
100 F Street NE
Washington, DC 20549
US
Next steps
You will be notified of your application status through USAJOBS at four points during the hiring process, as applicable. You can check the status of your application by accessing the USAJOBS website at http://usajobs.gov/ and clicking on "Track Your Online Application."
By submitting your application, you are certifying the accuracy of the information contained in your application. If you make a false statement in any part of your application, you may not be hired, you may be terminated after you begin work, or you may be fined or jailed. After making a tentative job offer, we will conduct a suitability/security background investigation. You will be required to submit official documentation before appointment. The agency will then verify the information provided on your application (i.e., degree, Veterans' Preference, certification of disability, etc.).
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.