OAG - Medicaid Fraud Control Unit | Assistant Attorney General IV - V | 26-0231

GENERAL DESCRIPTION

The Texas Office of the Attorney General’s Medicaid Fraud Control Unit (MFCU) is seeking an experienced prosecuting attorney to serve as an Assistant Attorney General, who will be cross-designated as a Special Assistant United States Attorney (SAUSA) and detailed to the U.S. Attorney’s Office for the Southern District of Texas (SDTX), Criminal Division, Fraud Section, in Houston.

Although employed by the State of Texas, the attorney will function operationally as a federal prosecutor, performing the same duties and exercising the same prosecutorial authority as an Assistant United States Attorney in SDTX. This position exists to augment federal prosecutorial capacity in MFCU-developed prosecutions.

Applicants for this position must be able to successfully complete an extensive state background investigation, including criminal history, employment, education, financial, reputation, and social media reviews. This position also requires obtaining a Top Secret federal security clearance to fully participate in federal prosecutions as a Special Assistant United States Attorney (SAUSA).

The attorney will handle criminal health care fraud prosecutions and will:

• Independently direct, conduct, and monitor criminal investigations;
• Use grand jury processes; advise federal law enforcement agents; prepare indictments, informations, and other pleadings; litigate motions; and conduct trials in U.S. District Court;
• Make charging recommendations and propose case dispositions for assigned matters;
• Develop and manage a docket of health care fraud prosecutions, including complex and corporate cases; and
• Coordinate closely with federal, state, and local partners involved in health care fraud enforcement.

Cases handled in this position must include a Texas Medicaid nexus, as required by grant funding conditions. This requirement does not limit cases to Texas-only conduct and does not preclude prosecutions involving other federal health care programs (e.g., Medicare, TRICARE) or multi-jurisdictional matters, provided that Medicaid fraud is part of the case.

Day-to-day supervision will be provided by the U.S. Attorney’s Office for the Southern District of Texas, Criminal Division, Fraud Section, while administrative supervision and employment matters remain with the Texas Office of the Attorney General, with the attorney reporting to the MFCU’s Deputy Chief of Prosecution. The attorney will be fully integrated into SDTX and managed in the same manner as other federal prosecutors, including the assignment of cases and litigation responsibilities. This position is physically located in Houston, Texas, with office space provided at both SDTX and the Houston MFCU office.

Upon appointment, the attorney must commit to a minimum three-year term prosecuting health care fraud cases in this role. This commitment is intended to ensure continuity and effectiveness in complex prosecutions.

The attorney will receive DOJ criminal prosecution training, Medicaid fraud–specific training, and opportunities to attend national training programs, subject to resource availability.

This role offers a unique opportunity to serve as a federal prosecutor handling significant criminal health care fraud cases, with full AUSA- equivalent responsibilities, without requiring a direct federal hire. Attorneys interested in trial work, complex investigations, and meaningful collaboration across enforcement agencies will find this position especially compelling.

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 (https://ers.texas.gov/Benefits-at-a-Glance) 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 in Austin, the scenic and lively capital of Texas.

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