Job Description

Revised 10/27/2023

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 United States Attorney's Office (USAO) - Southern District and work with the FBI, HHS-OIG, and other agency partners in order to identify, investigate, and prosecute significant health care fraud (HCF) 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 MFCU/USAO.

This 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 management, develops and maintains the 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 of Prosecution in the OAG MFCU Austin headquarters, but will be supervised day-to-day by the USAO. 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. Case-related travel will be facilitated by the USAO. 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 ( 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.

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 25%

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

TO APPLY

To apply for a job with the OAG, electronic applications can be submitted through either CAPPS Recruit or Work in Texas. A State of Texas application must be completed to be considered, and paper applications are not accepted. Your application for this position may subject you to a criminal background check pursuant to the Texas Government Code. Military Crosswalk information can be accessed at:

THE OAG IS AN EQUAL OPPORTUNITY EMPLOYER