Assistant Attorney General- False Claims

Details

Section:
Consumer Protection
Position Number:
LAA-9909-01/23
Salary Range:
$7,100.00 - $9,000.00 Monthly
Apply By:
Tuesday, February 28, 2023, 11:59 pm
FLSA:
Exempt
Work Unit:
Consumer Protection
Job Location:
1300 Broadway, Denver, CO 80203
Release Date:
Tuesday, January 17, 2023
Employment Type:
Full-Time
Position Type:
Non-Classified

Find a rewarding career making a difference: Join the Office of the Attorney General!

The Office of the Attorney General is seeking an experienced attorney to lead a new team within the Colorado Department of Law to implement and enforce the newly enacted Colorado False Claims Act. This is an exciting opportunity to represent the Attorney General conducting and leading investigations, bringing or intervening in civil cases to hold fraudulent actors responsible and recovering critical funds meant to further the business and interests of the State. This is a great role for an attorney with a passion for public service and pursuing and holding fraudulent actors accountable to ensure that Colorado’s funds are spent on promises delivered, not on misrepresentations made or false pretenses.

Applications will be reviewed and interviews will be conducted on a rolling basis. Interested parties are encouraged to apply as soon as possible. 

WHAT YOU WILL DO

In collaboration with Department of Law teammates, private litigants or realtors, the State Auditor, and other state and/or federal agencies, this AAG will enforce the following laws:

  • the Colorado False Claims Act (C.R.S. § 24-31-1201 et seq)
  • the Colorado Medicaid False Claims Act (C.R.S. § 25.5-4-303.5, 304–310)
  • C.R.S. § 24-31-113 (public integrity, pattern and practice), 307 (2 and 3)

This successful candidate will perform the following duties, among others, to enforce the False Claims Act:

  • Design, implement, monitor, and manage a process to (a) intake general claims or complaints via a hotline and/or online complaint submission platform, (b) receive reports from the State Auditor for referral of potential claims, and (c) receive service of process from private parties bringing actions under the FCA
  • Work with investigators in the Department of Law to evaluate complaints and claims.
  • Draft civil investigative demands, issue subpoenas, and otherwise pursue the lawful collection of evidence to determine the validity and likelihood of proving claims
  • Make timely determinations of whether to intervene, or file motions to dismiss, in private cases served on the Department of Law
  • Manage and meet all statute of limitations and court deadlines in litigation
  • Understand and assure privileges preventing production or public disclosure of the decision-making processes are preserved
  • Evaluate the evidence to determine whether action is warranted, and if so, whether and on what terms to settle or resolve the claim pre-judgement including through assurance of discontinuance, stipulation of payment, or consent order
  • Bring actions to enforce agreed upon assurances, consent decrees, stipulations and the like
  • As appropriate, make determinations and submit reasoning to a Court for reduced damages and/or penalties for cooperating witnesses or entities under the FCA
  • Evaluate and make recommendations on the rule making authority granted to the Attorney General pursuant to the FCA
  • Work with other members of the Department of Law and other State agencies to create awareness of the FCA and to assist in developing contractual terms to enable FCA enforcement for non-performance
  • Establish and execute a process to track funds received and disbursed pursuant to the FCA
  • Prepare and submit, in collaboration with others in Department of Law, the annual False Claims Act Report
  • This attorney will conduct and supervise investigations, analyze facts and legal issues, and draft compliance letters, guidance documents, subpoenas and cease and desist letters; represent the Attorney General in legal actions enforcing the False Claims Act in litigation, including by preparing pleadings, motions, and briefs; plan and conduct written and deposition discovery; handle court hearings and conferences; first- and second-chair all aspects of trials; negotiate settlements; and handle post-trial matters, including appeals and enforcement and collection.

The Department of Law may fill additional Assistant Attorney General positions from this recruitment.

Salary note: Although a salary range is listed, salary will be set commensurate with the successful candidate’s qualifications and in compliance with the Equal Pay for Equal Work Act.

WHAT WE ARE LOOKING FOR

At a minimum, applicants must:

  • Admitted to the Colorado bar and licensed to practice law and admitted in all state and federal courts in the State of Colorado, OR be clearly eligible to waive into the Colorado Bar and be in good standing at the time of application. Candidates eligible to waive into the Colorado Bar will be required to submit proof of their completed application before the first day of employment.

The ideal candidate will also have many of the following attributes and experiences:

  • Significant litigation experience, including with investigations, discovery, and depositions; and courtroom experience (trial or oral argument), and understanding of the Rules of Evidence and Civil Procedure and Rules of Professional Conduct.
  • Experience with the federal or other state’s False Claims Act and/or knowledge of the Colorado False Claims Act.
  • Demonstrated ability to manage multiple matters and deadlines, jump-start investigations, analyze evidence and exercise excellent judgement to make recommendations and determinations whether to bring or intervene in actions under the Colorado False Claims Act;  and, where intervention or action is warranted, identify issues, create case strategies and management that lead to either the settlement or prosecution of claims.
  • Strong skills in oral and written advocacy, negotiation and dispute resolution, and communication.
  • Ability to think strategically, while managing the tactical.
  • Experience working collaboratively with a variety of stakeholders.
  • Demonstrated desire to serve the public and a commitment to diversity, equity, and inclusion.

Candidates demonstrating expertise in false claims laws and practice at the time of application may be considered for appointment as a Senior Specialist Assistant Attorney General (AAG). In order to be appointed as Senior Specialist AAG, candidates must demonstrate a minimum of five years of experience with federal or other state’s False Claims Act and/or knowledge of the Colorado False Claims Act.  Salary range for Senior Specialist AAG is $8,035-11,730/month, commensurate with the successful candidate’s qualifications.

The Office of the Attorney General offers challenging, interesting, and meaningful work. We are an equal opportunity employer and believe that a diverse work force adds quality and perspective to the services we provide to the public. Candidates with diverse qualities and backgrounds are encouraged to apply.

 Conditions of Employment:
  • Applicants must pass a thorough background investigation prior to appointment.
  • Candidates eligible to waive into the Colorado Bar will be required to submit proof of their completed application and application for Practice Pending Admission before the first day of employment. For more information about admission to the Colorado bar please review information on the Colorado Supreme Court Office of Attorney Regulation Counsel website.

View the full job announcement for more information and to apply online.

This position is non-classified and is not subject to appeal rights. 
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