Responsibilities
- Review, revise, and prepare investigation reports that will be discussed with the BCC. Present those findings, settlement offers and other important material to the BCC.
- Negotiation of settlement with subject(s) or with outside counsel to ensure that the action is appropriate based on the conduct, disciplinary history and egregiousness of the matter.
- Conduct research of similar case actions to support the monetary penalty or suspension being proposed by the department.
- Prepare settlement agreements for the subject(s) involved in the case matter, as well as prepare a disciplinary action notice that will be publicly posted on the Exchange’s website.
- Typically, cases that are referred for disciplinary actions and presented to the BCC are resolved through settlement, but if a settlement cannot be reached, assist the Enforcement Counsel in presentation of the matter at a contested hearing.
- If a contested hearing occurs, prepare the Notice of Charges before the Hearing Panel and prepare the matter in a manner that effectively & efficiently depicts Market Regulation’s case.
- Additionally, conduct cross-examination of respondent’s witnesses, introducing and objecting to documentary evidence, and presentation of effective opening and closing arguments.
- Provide constructive guidance on the Exchange’s rulebook and guidance on the various rules that may be prosecuted for a case matter. Propose Exchange rule revisions if needed.
- Assist in ensuring the Market Regulation department meets its core principles, specifically surrounding conflicts of interest and governance. Assist in the creation and monitoring of policies and procedures to ensure compliance with evolving regulations.
- Be present on recorded subject or witness statements related to market regulation inquiries. In those statements, the candidate should be prepared to ask questions related to the activity and provide guidance on the Exchange’s disciplinary process.
- Maintain case files in an orderly and timely manner. Document in memos certain information that could be audited internally or by external regulators.
- Timely update case logs and disciplinary actions within the Exchange’s web-based tracking system.
- Serve as point of contact for other Market Regulation Staff and market participants concerning Rule formation, interpretation and enforcement.
Knowledge and Experience
- Education, must have a Juris Doctorate
- 5 or more years of litigation or relevant work experience in regulatory or investigative matters
- Knowledge of futures industry preferred
- Strong written and verbal communication skills
- Self-starter who can prioritize and meet deadlines
- Comfortable working in a fast paced, high stress environment
- Ability to communicate with market participants, federal regulators and executive management
- Fluent in MS Office Word, MS Excel
