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REVISED 08/28/2024
GENERAL DESCRIPTION
Applicants for this position should be prepared to pass an extensive background investigation, including a comprehensive criminal history, employment, education, financial status, reputation, and social media check. The OAGs Medicaid Fraud Control Unit works cases jointly with the FBI, HHS-OIG, and other federal law enforcement agencies. Applicants for this position will also be required to obtain a Top Secret federal security clearance in order to fully participate in DOJ Prosecutions as a Special United States Attorney (SAUSA). Since most security clearance problems arise from criminal records or unresolved bad credit issues, full criminal and credit checks will be run on all applicants prior to employment.
This posting is for an Assistant Attorney General in the Texas Medicaid Fraud Control Unit, which will be cross-designated as a SAUSA, and serve as a Trial Attorney/Prosecutor for the National Rapid Response Strike Force in the Health Care Fraud Unit of the U.S. Department of Justice, Criminal Division, Fraud Section. The National Rapid Response Strike Force was created in 2020 with a mission to investigate and prosecute fraud cases involving major health care providers that operate in multiple jurisdictions, including major regional health care providers operating in the Strike Force cities, with a focus on investigations and prosecutions of individuals and corporate health care fraud. The National Rapid Response Strike Force coordinates with the Civil Divisions Fraud Section and Consumer Protection Branch, U.S. Attorneys Offices across the country, state Medicaid Fraud Control Units, the FBI, HHS-OIG, and other agency partners in order to identify, investigate, and prosecute significant multi-jurisdictional and corporate health care fraud cases.
This position will independently direct, conduct, and monitor investigations, prepare for and conduct trials, and advise on pleadings and other court filings. Upon accepting an offer of employment, applicants must make a three-year commitment to the Strike Force. This position will be located in Houston, with a prosecution region encompassing the State of Texas.
Generally, as a Trial Attorney in the HCF Unit's National Rapid Response Strike Force, the position:
Handles the development and management of HCF prosecutions. Engages in all phases of investigation and litigation, including, but not limited to, the use of grand jury, advising federal law enforcement agents, preparing appropriate pleadings, litigating motions, and conducting trials in U.S. District Court;
Makes charging decisions and proposes dispositions with regard to assigned cases; and
In collaboration with Unit managers, develops and maintains the Sections program to foster effective national investigation and prosecution of HCF violations, including advising on strategy and legal complexities, and developing litigation priorities, policy, and legislative recommendations.
The position will be supervised by the Deputy Chief over Prosecutions in the OAG MFCU Austin headquarters, but will be supervised day-to-day by the Department of Justice. In addition to HCF Unit training, MFCU will provide Medicaid Fraud training opportunities, including national training opportunities with the National Association of Medicaid Fraud Control Units, based on availability of resources. As a condition of grant funding, this position must engage only in HCF investigation and prosecution activities with a Texas Medicaid nexus.
The OAG is a dynamic state agency with over 4,000 employees throughout the State of Texas. As the States law firm, the OAG provides exemplary legal representation in diverse areas of law. OAG employees enjoy excellent benefits (https://ers.texas.gov/Benefits-at-a-Glance) along with tremendous opportunities to do important work at a large, dynamic state agency making a positive difference in the lives of Texans. Assistant Attorneys General (AAGs) experience the challenge and honor of public service while enjoying a healthy work-life balance; hands-on legal experience; and engaging camaraderie in Austin, the scenic and lively capital of Texas.
ESSENTIAL POSITIONFUNCTIONS
Prepares and presents complex criminal cases involving federal health care laws and regulations, pursuant to U.S. Criminal Codes and Federal Code of Criminal Procedures
Prepares legal opinions, briefs, pleadings, motions, petitions, and other legal documents
Prepares all phases of criminal prosecution from investigation forward, including the preparation of cases for trial, discovery, jury and bench trial, and appellate process when necessary
Analyzes complex factual and legal issues and develops evidence through witness interviews, subpoenas, search warrants, proffers, and other legal process
Performs legal research and reports findings and conclusions
Advises investigators and management on factual and legal issues
Assists investigators and auditors in investigations
Uses personal vehicle, or agency pool vehicles when available, for business-related travel with reimbursement
Maintains relevant knowledge necessary to perform essential job functions
Attends work regularly in compliance with agreed-upon work schedule and in accordance with agency leave policy
Ensures security and confidentiality of sensitive and/or protected information
Complies with all agency policies and procedures, including those pertaining to ethics and integrity
Complies with requirements of federal grant funding for the MFCU, including performance measures and limiting work to approved health care-related investigation and prosecution
Qualifications:
MINIMUMQUALIFICATIONS
Assistant Attorney General (AAG) IV:
Education:Graduation from an accredited law school with a J.D.
Licensed as an attorney by the State of Texas
Member in good standing with the State Bar of Texas
Experience: Three years of full-time litigation experience
Knowledge of laws and legal principles and practices relevant to the Medicaid Fraud Control Unit such as the U.S. Code, Federal Code of Criminal Procedure, Code of Federal Regulations.
Skill in handling multiple tasks, prioritizing, and meeting deadlines
Skill in effective oral and written communication[Writing sample required at time of interview, if selected]
Skill in exercising sound judgment and effective decision making
Skill in legal research, writing, and analysis; in conducting investigations; in proffers and plea negotiations; in using reasoning and logic; in identifying factual and legal issues and solving complex problems; in applying applicable laws; in prioritizing workloads; in using judgment to identify courses of action; and in the use of a computer and applicable software
Ability to prepare legal documents, to conduct research, to interpret and apply laws, to summarize findings, to prepare cases and present at trial, to conduct hearings, to communicate effectively, and to train others
Ability to receive and respond positively to constructive feedback
Ability to work cooperatively with others in a professional office environment
Abilit
