Trial Attorney

**This position is open until June 28, 2024**

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.