Clarification from the agency

Applications accepted from all US Citizens.

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.

Conditions of employment

• U.S. Citizenship
• Favorable Background/Security Investigation
• Males born after 12-31-1959 must be registered for Selective Service.
• May be subject to a two-year trial period.
• Must be an active member of the bar in good standing.

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. Please provide proof of bar membership.

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.

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 if you have submitted a complete application package to include resume, bar membership details, and any applicable transcripts. This does not mean you are considered qualified for the position. A qualification analysis will be conducted 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. Please review the "Requirements" section of the vacancy announcement to understand the list of required documents for a complete application package. Additional information may be requested later in the recruitment process.

Veterans' Preference: There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the CFTC 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).