Assistant Attorney General IV-V Medicaid Fraud Control Unit

PLEASE NOTE THIS APPLICATION IS EXPRESSING INTEREST IN THIS ROLE AND NOT A FORMAL APPLICATION*

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 OAG’s 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 Division’s Fraud Section and Consumer Protection Branch, U.S. Attorney’s 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 Section’s 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 State’s 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 POSITION FUNCTIONS

• 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

MINIMUM QUALIFICATIONS

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
• Ability to provide excellent customer service
• Ability to work in person at assigned OAG work location or US Attorney’s Office, perform all assigned tasks at designated workspace within designated work location, and perform in-person work with coworkers (e.g., collaborating, training, mentoring) as required by current in-person/telework policy
• Ability to arrange for personal transportation for business-related travel
• Ability to work more than 40 hours as needed and in compliance with the FLSA
• Ability to lift and relocate 30 lbs.
• Ability to travel (including overnight travel) up to 50%

Assistant Attorney General (AAG) V: All the above qualifications for an AAG IV, PLUS:

• Experience: One additional year full-time litigation experience

PREFERRED QUALIFICATIONS

• Experience as a criminal prosecutor
• Experience with civil or criminal health care fraud matters
• Knowledge of white collar crime litigation
• Experience in supporting, litigating, and supervising federal or state criminal cases
• Experience in U.S. District Court
• Experience with the federal judiciary