Apply on Employer Site

Texas Comptroller of Public Accounts · 4 weeks ago

Comptroller - Assistant Chief Counsel for Litigation and Anti-Fraud Coordination

Austin, TX

Full-time

Hybrid

Senior Level

6+ years exp

The Texas Comptroller of Public Accounts is dedicated to serving the citizens of Texas through its various financial responsibilities. The Assistant Chief Counsel for Litigation and Anti-Fraud Coordination will perform advanced legal work related to the Education Savings Account program, including directing legal activities, managing investigations, and providing legal advice on litigation risks.

AccountingGovernmentNon Profit

Work & Life Balance

No H1B

Responsibilities

Serve as Liaison to the Office of the Attorney General (OAG) and Other Agencies on General Litigation Matters affecting the Education Savings Account program

Develop and implement strategies and communications to investigate, deter, defend, prosecute and recover monies concerning fraud, theft, waste or abuse activities, including assisting in improving internal controls and provide related training to staff

Testify in court, as needed, to present findings and evidence in administrative or court proceedings relating to their investigation of fraud, waste, theft or abuse

Prepares reports and memorandums concerning fraud, theft, waste or abuse and, presents findings and communicate with stakeholders

Performs legal research and analyzes complex factual and legal issues and develops evidence through witness interviews, depositions, electronic discovery, and other investigatory processes

Collaborates with appropriate staff to develop the agency’s legal interpretation and position and help guide the litigation strategy of the OAG. Facilitates collaboration among and across the litigation team, including the Attorney General, client division representatives, and experts for each case

Assists in the preparation of legal opinions, briefs, pleadings, motions, petitions, and other legal documents relating to the issues being contested

Educates and prepares agency witnesses to provide testimony in investigations, depositions and contested matters before administrative bodies and trials before federal, state, and other courts

Ensures security and confidentiality of sensitive or protected information

Assists in Coordinating Anti-fraud program and activities

Helps advise on internal controls to identify and combat fraud related to the Education Savings Account program

Supports agency and division actions related to litigation risks, litigation, and anti-fraud activities concerning Education Savings Account vendors and independent contractors

Performs in-depth investigations into the factual and legal basis of matters affecting the Education Savings Account program

Coordinates the identification, preservation, collection, processing, review, analysis, and production of the agency’s physical and electronic data, information, documents, and artifacts for purposes of civil and criminal proceedings, investigations, and audits

Works with the Comptroller’s Criminal Investigation Division, and federal, state and local law enforcement agencies to deter, identify, combat and prosecute fraud activities

Creates and executes the eDiscovery and general discovery plans in support of agency’s prosecution or defense in contested administrative matters, trials, appeals. Works with agency staff as appropriate

Determines if agency electronic data, information, documents, and artifacts, including metadata, can be produced in an investigation, contested matter, or litigation under applicable state and federal law or regulatory restrictions

Implements quality control standards to validate and certify that discovery performed adheres to all applicable legal standards and an established discovery framework, which includes the preservation of metadata and the appropriate use of technology assisted review guidelines when applicable

Authenticates the identity and origins of persons, data, information, documents, materials, artifacts, and supporting metadata or other methods of authentication

Maintains the chain of custody by producing the chronological documentation or paper trail showing the collection or seizure, custody, control, transfer, analysis, and disposition of evidence, whether physical or electronic in nature, in order to create a defensible audit trail

Creates evidence logs for agency data, information, and documents that are used by the OAG

Asserts the application of data privacy and protection laws, rules of evidence and civil procedure upon specifically identified data, information, and documents, when appropriate, that are used by the OAG

Creates privilege logs identifying responsive or relevant documents that are being withheld from production on a claim that they contain attorney-client communication, attorney work-product, deliberative process privileges, or any other applicable privilege, that are used by the OAG

Places litigation holds to preserve information in the hands of agency personnel or other stakeholders for non-tax matters and helps the agency avoid premature deletion or destruction of data or documents that are subject to litigation hold

Works with the division legal assistant and other agency staff to receive and review lawsuits served upon the agency, legal documents and correspondence sent by certified mail, legal documents and correspondence sent by regular mail, and legal documents and correspondence sent by email (approximately 20 suits and documents per day on average). Requests OAG representation for suits and distributes documents to the appropriate staff and agencies for action as needed

As requested, and in consultation with appropriate divisions, drafts and reviews agency policies, rules, and legislation, on topics such as privacy rights, discovery, and standards for collection and authenticating evidence

Initiates and manages outside counsel and expert contracts as needed relating to lawsuits or matters that are non-tax, non-finance related matters. Assists in identifying expert witnesses and developing contract specifications. Upon execution of contract, serves as section contract manager and attends training as needed

Assists the Education Savings Account program to research and develop the underlying facts, evidence, and law and develop strategies to support the fair and reasonable settlement of disputes through administrative processes or alternative means prior to or during litigation

Monitors and preserves agency physical and electronic data, information, documents, and artifacts, including metadata, by imposing a risk or regulatory hold when appropriate to preserve such data, information, documents, and artifacts beyond its immediate business value in order to reduce risk of loss or for litigation purposes

Provides appropriate legal advice to management, identifying risks and potential solutions, while maintaining effective working relationships

Performs other related duties as assigned, including presentations to groups and associations interested in agency matters, government law, and litigation, such as State Bar committees. Works on special projects to develop appropriate solutions to meet the legal needs of internal business operations. Assists the Chief Counsel and General Counsel in overseeing the work of the division Legal and Executive Assistant

Qualification

Litigation experienceLegal researchE-discoveryAnti-fraud coordinationLicensed attorneyAdministrative lawDrafting legal documentsSupervising legal staffCollaborationCommunication skills

Required

Bachelor's degree from an accredited college or university

Graduation from an accredited law school with a LL.B. or J.D. degree

Six (6) years of litigation experience

Three (3) years working in or with federal, state, or local government, or administrative law

Licensed as an attorney by the State of Texas

Must be in good standing with the State Bar of Texas and eligible to practice law in Texas by start date

Preferred

Providing legal support to one or more Comptroller divisions

Leading investigations, discovery, and e-discovery

Supervising legal assistants or paralegals

Drafting administrative rules and/or legislation

Drafting complex legal agreements and contracts

Benefits

Strong benefits package for you and your family

Insurance

Retirement plans

Flexible work schedule

Company

Texas Comptroller of Public Accounts

Glassdoor3.4

The Texas Comptroller of Public Accounts manages funds for the world’s 8th largest economy, processes millions of paper and electronic tax returns each year and continually searches for innovative solutions to streamline operations at one of Texas’ largest state agencies.

Founded in 1835

Austin, Texas, USA

1001-5000 employees