SENIOR LITIGATION COUNSEL

Senior Litigation Counsel

The Arizona Attorney General's Office Criminal Division / Health Care Fraud & Abuse Section (HCFA) is seeking a Senior Litigation Counsel with experience in investigating and prosecuting criminal cases. This position will assist the HCFA Section Chief with duties and responsibilities, including assisting the management of a very large Section within the Criminal Division. Under the direction of the HCFA Section Chief, this position will manage the activities of criminal prosecutors who are investigating and prosecuting complex fraud related felony cases. Due to the nature of the crimes, this position will have access to highly confidential matters such as attorney-client communications. In addition to managing the Unit, this purpose of this position is to support investigations and prosecute criminal cases. This position will manage a case load of complex fraud cases as described above, including coordinating with law enforcement agencies and, when necessary, issue grand jury subpoenas. This position will establish litigation strategy; negotiate and draft settlements; coordinate, analyze, respond to and/or initiate discovery efforts; prepare and/or respond to and argue all pretrial pleadings; handle all trial matters, including witness preparation, examine, cross-examine and argue; prepare and respond to appellate matters, as needed, including briefing and argument, and perform extensive legal research. This position will keep the Section Chief Counsel apprised of all actions which could require immediate attention. The Health Care Fraud and Abuse Section receives an annual federal grant to cover 75% of expenditures. The State of Arizona's portion is 25%. This position may be eligible for Remote Work two days a week based upon the department's business needs and continual meeting of expected performance measures.

Job Duties:

• Establish and maintain inter-agency relationships with various law enforcement personnel throughout the State of Arizona. Directs criminal investigations and prosecutions through the mentoring of AAGs and their workload and performance. Assists the Section Chief with interviews to hire employees within the HCF Section.
• Pre-Indictment. Advises and consults with LE on case development and strategies. Reviews police reports, bank records, interviews and other relevant investigative material. Issues grand jury subpoenas and reviews scope of requests. Reviews investigative affidavits and orders. Meets with victims and/or witnesses. Evaluates sufficiency of evidence to sustain criminal charges with substantial likelihood of conviction.
• Indictment. Determines criminal charges. Identifies applicable statutory allegations and/or enhancers. Composes evidence summary for charges and prepares exhibits. Drafts bond recommendations based on criminal history and applicable statutory factors. Reviews GJ procedure with LE witness and prepares witness for testimony. Reviews any material submitted by defense counsel for exculpation or mitigation, if submitted. Presents criminal cases to grand jury for consideration. Appears for returns/IAs.
• Litigation. Appears in court on all criminal matters, including regular calendar, evidentiary hearings, and trials. Prepares motions/pleadings for filing in court. Researches state/federal criminal and constitutional law. Interprets statutes and applicable law. Conducts pretrial discovery and interviews witnesses. Conducts plea negotiations. Prepares cases for trial. Discusses trial strategies and prepares sentencing memoranda.
• Miscellaneous responsibilities. Prepares or responds to special actions. Responds to post-conviction motions for restoration of rights and petitions on entry of records. Conducts law enforcement trainings. Participates in community outreach. Represents Attorney General's Office on advisory boards. Attends meetings and seminars as necessary and required.

Knowledge, Skills & Abilities (KSAs):

Knowledge

• Substantial knowledge of Arizona criminal law and procedures and court practices in Arizona.
• Substantial knowledge of criminal investigations, interview techniques, pretrial litigation and trial practice.
• Substantial experience in investigating and prosecuting criminal cases.
• Substantial experience managing criminal attorneys and law enforcement staff.
• Knowledge of management, personnel rules, legislative procedures, and budget principles.
• Knowledge of legal research methods, legal principles and their application.
• Knowledge of wiretap law and required documentation.

Skills

• Skills in directing and managing complex investigations.
• Skill in analyzing difficult and complex legal problems.
• Skills in negotiation.
• Skills in criminal trial practice.
• Skills in effective oral and written communication.
• Skills in interaction with internal personnel and external contacts including law enforcement, victims, witnesses, judges, court personnel, citizen audiences and governmental agencies.
• Skills in interpreting statutes, reported cases and legal documents.
• Excellent skills in legal research and writing.
• Skilled in interpersonal relationships.
• Computer skills.
• Skills relating to personnel management and inspiration.

Abilities

• Ability to provide mentoring and direction.
• Ability to coordinate activities with a variety of law enforcement agencies, governmental and non-governmental agencies.
• Ability to work closely with law enforcement personnel as well as witnesses.
• Ability to exercise reasoned judgment in high-pressure, time-sensitive working environment.
• Ability to be analytical.
• Ability to be creative.
• Ability to adapt to case developments and to make necessary and appropriate adjustments in strategies.
• Ability to prioritize and to manage multiple complex tasks.
• Ability to be dependable and well-organized.
• Ability to advise law enforcement on constitutional requirements in conducting criminal investigations.
• Ability to effectively communicate with law enforcement, judges, opposing counsel, victims, and witnesses.
• Ability to form and maintain collaborative working relationships with all level of staff and supervisors/ AGO leadership.
• Ability to be patient, including with co-workers, staff, victims, law enforcement, courts and community partners.
• Ability to represent the Attorney General in cooperative efforts with law enforcement agencies and community partners.
• Ability to interact with outside entities with diplomacy and tact.
• Ability to conduct legal research (particularly Westlaw).
• Ability to use various types of computers, software and equipment.

Selective Preference(s): Minimum of 10 years of legal experience.

Pre-Employment Requirements:

• Travel is required for this position. A valid Arizona Driver's License is required, along with consent to have your driving record run periodically.
• Admission to, and good standing with, the Arizona State Bar is required (include on resume the date(s) of admission in Arizona and any other states). Candidate must have an active Arizona State Bar license.
• Attorney applicants are required to submit a writing sample with their resume/application profile. The writing sample should contain an analysis of some substantive legal issue and provide insight concerning your ability to think and to explain and advocate for a particular position.