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.

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:  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.

How you will be evaluated

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.