Summary
The Market Participants 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 intermediaries, such as swap dealers, major swap participants, futures commission merchants, introducing brokers, commodity pool operators, commodity trading advisors, floor brokers, and retail foreign exchange dealers (“Market Participants”).
Duties
Renders written or oral legal advice on assigned projects with respect to the relevant provisions of the Commodity Exchange Act (“Act”) and the Commission's regulations, and other statutes, regulations, judicial decisions, and legal opinions that are pertinent. Advice addresses complex issues, including issues associated with the regulation of the derivatives markets and CFTC-registered market intermediaries, 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. Conducts research or investigation of the facts as well as the laws, regulations, and legal precedents primarily associated with the derivatives and securities markets. 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: a) analyzing the factual and legal issues presented to determine what further facts are needed and what legal sources are applicable; b) reviewing policies, procedures, regulations, technical manuals, and other agency publications, including domestic and foreign financial market regulators; c) studying industry and trade practices, policies, procedures, and operations of other Government agencies or of the States or local bodies or business, technical, and professional publications and other authoritative sources of information required in the technical interpretation of factual issues; d) conducting research 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; e) interviewing persons such as officials, principals, and senior staff of Market Participants and CFTC-registered derivatives exchanges and clearing organizations (“SROs”), along with their counsel, accounting and financial professionals, and other experts who provide services to them; or f) 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. Drafts new or amended regulations, orders, guidelines, and other regulatory approaches applicable to the derivatives markets, Market Participants and SROs for consideration and adoption by the Commission. Such regulatory approaches are designed to enhance the integrity of the derivatives markets by addressing business conduct standards, sales practices, recordkeeping, capital, and financial reporting requirements for intermediaries Identifies and analyzes issues to be considered and develops proposals and recommendations for consideration and adoption by agency officials. Drafts 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. Assists in the review, evaluation, and preparation of reports submitted to the Commission on a Market Participant'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 Branch's program functions and activities to ensure consistency among its organizational components in the application of branch, division, and Commission administrative policy. Reviews proposed legislation, changes in regulations, enforcement actions, questions of law, administrative policy, staff reports, and other Commission regulatory documents and develops independent, objective comments, critiques, and recommendations. Presents the positions of the Division on regulatory issues and other matters to other divisions and offices, and where appropriate, to the Commission.
Requirements
Resume showing all relevant and related experience (2 pages max); JD Transcripts; Most recent performance evaluation (strongly recommended); Veterans' preference documentation, if applicable.
Education
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
How you will be evaluated
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 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). You may preview questions for this vacancy.