Closing Date: 22nd December, 2021
The Market Participants Division (Division) leads the Commission’s efforts in protecting market participants and their funds by ensuring the financial integrity, fitness, and fair business conduct of derivatives market registrants. The Division oversees the registration and compliance of registrants and futures industry self-regulatory organizations, including U.S. derivatives exchanges and the National Futures Association (NFA).
As an Attorney Advisor/Special Counsel in the Chief Counsel Branch, Section 2, the incumbent is responsible for rendering legal advice and executing tasks and project assignments that address highly technical policy, legal, and operational issues relevant to the Division's programs. Assignments result in the development of regulatory product, including recommendations for consideration and adoption by agency officials, such as new or amended Commission regulations, orders, and guidelines and other regulatory approaches that may affect the scope of all aspects of the Division's responsibilities. Specifically, you will:
Render written or oral legal advice on assigned projects with respect to the relevant provisions of the Act and the Commission's regulations, and other statutes, regulations, judicial decisions, and legal opinions that are pertinent. Advice addresses complex issues, and project deliverables include interpretations and application of the Act and the Commission's regulations, as well as advice regarding application of related federal and local laws and regulations such as the Bank Secrecy Act.
Conduct research or investigation of the facts as well as the laws, regulations, and legal precedents. On the basis of the research or investigation, prepares necessary legal documents, advisory opinions, drafts or comments on proposed legislation or changes in regulations or other disposition. Research or investigation may involve any of the following:
- analyzing the factual and legal issues presented to determine what further facts are needed and what legal sources are applicable;
- reviewing policies, procedures, regulations, technical manuals, and other agency publications;
- conducting comparative legal analysis of relevant domestic and foreign laws, legal opinions, policies, regulations, legal texts, and precedent cases bearing on the legal issues involved in the problem, proposal, or case;
- interviewing persons such as officials, principals, and senior staff of Intermediaries, market participants and derivatives organizations, along with their counsel, accounting and financial professionals, and other experts who provide services to them; or
- preparing memoranda or reports outlining the facts and legal issues, analyzing the factual and legal issues involved, explaining the application of legal principles and precedents, and justifying recommendations or conclusions.
Draft new or amended regulations, orders, guidelines, and other regulatory approaches applicable to Intermediaries and SROs for consideration and adoption by the Commission. Identifies and analyzes issues to be considered and develops proposals and recommendations for consideration and adoption by agency officials.
Draft no-action letters, exemption letters, interpretation letters, and general memoranda pursuant to programs under the Division's direction. Identifies and analyzes issues to be considered and develops proposals and recommendations for consideration and adoption by agency officials.
Assist in the review, evaluation, and preparation of reports submitted to the Commission on an Intermediary's or an SRO's compliance program with respect to applicable provisions of the Act and Commission regulations. Assists with the preparation of reports, planning documents, and other Commission and general administrative documents. Reviews the application and execution of the Chief Counsel Branch's program functions and activities to ensure consistency among its organizational components in the application of branch, division, and Commission administrative policy.
Review proposed legislation, changes in regulations, enforcement actions, questions of law, administrative policy, staff reports, and other Commission regulatory documents and develop independent, objective comments, critiques, and recommendations. Present the positions of the Division on regulatory issues and other matters to other divisions and offices, and where appropriate, to the Commission.
May be assigned to work as a team lead or team member on a project with other Division staff members, or with members of other Commission divisions or offices. As a team leader, the incumbent's responsibilities include providing leadership and guidance of such a team by: identifying, distributing, and balancing the workload and tasks among employees in accordance with established work flow, skill level, and/or occupational specialization; making adjustments to accomplish the workload in accordance with established priorities to ensure timely completion of assigned team tasks; and ensuring that each employee has an integral role in developing the final team product.
Represent the Division before the Commission on major matters and issues pertaining to project assignments including serving as an expert witness as required, and represents the Division at conferences, seminars, workshops, committees, meeting, and before the public. Incumbent may be required to travel to carry out these duties.
Conditions of Employment
- U.S. Citizenship
- Background/Security Investigation.
- Males born after 12-31-1959 must be registered for Selective Service.
Submission of a resume alone IS NOT a complete application. You must provide a complete Application Package to be found qualified and eligible for this position. You may be required to provide additional documentation at a later time in the recruitment process. All documentation will be required prior to finalizing a selection. You may be disqualified if you fail to submit a completed application package.
- Cover Letter including a statement of interest (optional)
- Resume (must include education, including name of undergraduate and law school, degree received and date graduated; date admitted to bar and jurisdiction; a general description of all past employment relevant to the practice of law, including dates of employment.
- Writing sample, illustrating relevant experience
- Law school transcripts (unofficial final copy with date degree was awarded; unofficial copy is accepted for application package but official copy may be required prior to firm offer letter being extended)
- Proof of active bar membership/status in good standing and eligibility to practice law in state, U.S territory, the District of Columbia, or the Commonwealth of Puerto Rico.
You must answer each qualification question for the grade or grades you wish to be considered for employment.
CT-12: Candidates with a law degree (e.g., J.D.), candidates with a L.L.M or advanced degree in economics, business, etc., OR 2 years of relevant legal experience after completion of law school. Must have bar membership.
CT-13: Candidates with a law degree (J.D. or equivalent) and bar membership and 3 years of relevant legal experience after completion of law school.
Relevant experience is defined as an attorney, law clerk, or other legal experience which was obtained subsequent to graduation from law school. At least one year of this experience must have been at a level of responsibility and difficulty equivalent to at least the GS/CT-11 level in the Federal Service.
- Demonstrated skill in research and analysis of sophisticated legal and factual issues, as well as excellent written and oral communication skills.
- General knowledge of commodities or related law and regulations, financial markets, corporate law, and general administrative law.
- Possession and application of negotiating, analytical, and interpersonal skills.
Education: Successful completion of a full course of study (JD) in a school of law accredited by the American Bar Association (ABA).
Special Instructions for Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that 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
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