The Office of the General Counsel (OGC) provides legal services to the Commission, ensuring that all agency actions comply with the Commodity Exchange Act (CEA) and related regulations. OGC represents the Commission in federal courts and before administrative bodies in litigation involving enforcement appeals, challenges to Commission actions, derivatives industry bankruptcies, employment matters, and other administrative proceedings.
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This position is in the Whistleblower Office (WBO), within Legislative and Intergovernmental Affairs branch in OGC. The WBO provides monetary awards for actionable tips and ensures whistleblower confidentiality, privacy, and antiretaliation protections. The mission of the WBO is to perform intake, tracking, and recordkeeping of whistleblower submissions; oversee the review process of each whistleblower’s eligibility; administer the determination process for whistleblower award claims; communicate with whistleblowers and their representatives; and report to the Commission and Congress on the whistleblower program. The WBO is housed in the Legislative & Intergovernmental Affairs Branch which also handles matters involving statutory interpretation, FOIA appeals, domestic and international MOUs, and Section 8 matters.
The incumbent will perform a variety of legal duties in support of the WBO program, including:
- Developing and implementing strategies for the WBO's program, policies, and procedures;
- Evaluating Form TCR whistleblower tips and Form WB-APP whistleblower award applications, including documentation or other supporting information submitted with those forms;
- Communicating with whistleblowers and their representatives about the law and rules underlying the whistleblower program, including the program’s eligibility requirements and information regarding the anti-retaliatory provisions of the Dodd- Frank Act;
- Communicating with staff regarding the status of whistleblower-related matters, including the level of the whistleblower’s assistance;
- Collaborating with other authorities (e.g., the Department of Justice and other appropriate federal agencies, registered entities, registered futures associations and self-regulatory organizations, and State criminal and appropriate civil agencies) regarding the status of related actions that are based upon information submitted by whistleblowers to the Commission;
- Providing legal advice to the Commission’s Claims Review Staff and the Commission regarding whistleblower award claims and determinations; evaluating award claims and preparing written recommendations and draft determinations/opinions; making presentations to CRS and responding to Commissioner inquiries related to whistleblower award claims;
- Performing legal research and analysis for recommendations, draft determinations/opinions and with regard to presentations and Commissioner inquiries;
- Communicating with the CRS, and providing the CRS with whistleblower contribution records for its deliberations as part of , making recommendations to the CRS and the Commission about whether a whistleblower award is warranted as described in the Whistleblower Program Rules;
- Reporting to the Commission and Congress on the whistleblower program; and
- Developing briefings for public speaking engagements, and other communications materials to inform the public about the whistleblower program.
- 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.
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 the CT-14 Grade Level: Candidates with a law degree (J.D. or equivalent) and bar membership and 4 years of relevant legal experience after completion of law school.
Relevant legal experience is defined as attorneys, law clerk, or other legal experience which was obtained after graduation from a law school. Legal and non- legal experience gained in the Federal government or private sector prior to completing a law degree cannot be used to satisfy the legal experience requirement. Work while in law school does not count.
Qualifying experience may include: supporting a whistleblower program through policy development, WBO application evaluation, legal research and analysis, advising on claims, and reporting outcomes to senior leadership.
Please note: A writing sample is required at the time of application and will be used to evaluate your qualifications. Failure to submit the writing sample will rate the applicant ineligible for the position. Please submit responses to each of the following:
Writing sample demonstrating analysis of legal issues. Special instruction: If the writing product was a collaborative effort involving others and edited by others, please provide a short explanation of the process and your specific role.
Successful completion of a full course of study (J.D.) in a school of law accredited by the American Bar Association (ABA).
To be creditable, education must have been obtained in an accredited college or university. You must report only attendance and/or degrees from schools accredited by accrediting institutions that are recognized by the U.S. Department of Education. For a list of schools that meet this criterion, see www.ed.gov.
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
Relocation: Relocation expenses will not be paid.
Trial Period:
As a condition of employment for accepting this position, you may be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:
- Your performance and conduct;
- The needs and interests of the agency;
- Whether your continued employment would advance organizational goals of the agency or the Government; and
- Whether your continued employment would advance the efficiency of the Federal service. Upon completion of your probationary/trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.
This is a Bargaining Unit position located in the National Treasury Employee Union (NTEU) Chapter 337.
More than the number of positions listed may be filled through this vacancy announcement.
The overall salary range is provided for informational purposes as it represents the full range that is applicable to current employees in this occupation/grade. A new hire's direct and overall experience are critical factors in determining a salary offer, therefore, it is important that your resume fully reflects all of your work experience. Note that the upper end of each range is typically applicable only to candidates with significant years of work experience and qualifications Please review the CFTC Compensation Program website for additional information.
The law prohibits public officials from appointing, promoting, or recommending their relatives. The law prohibits requesting, making, transmitting, accepting, or considering political recommendations for employment or other personnel actions for non-political positions. This includes recommendations from Members of Congress, Congressional employees, elected state or local officials, and political party officials and any recommendation based on party affiliation.
Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.
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.
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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 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 initial review. 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 and a complete package was submitted. A complete application package is required to be considered qualified and eligible for selection. Please review the "Qualifications" and "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 Commodity Futures Trading Commission 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).
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