Counsel II - Enforcement and Investigations Unit

The Counsel II provides legal support services to the Division of Banks' enforcement unit and field examination staff in the many complex and specialized areas of law either administered or enforced by the agency.  These areas include all facets of state and federal banking law including mortgage lender, broker, and loan originator regulations; corporate law; administrative law; Community Reinvestment Act, regulation and compliance; equal credit opportunity act requirements; commercial law, including uniform commercial code; real estate law; and securities laws.  The Counsel II is responsible for drafting formal enforcement orders, as well as acting as prosecuting counsel at hearings for the purpose of revoking licenses and banning individuals from working in the industry.  S/he may also be responsible for preparing and drafting regulatory approvals; reviewing applications submitted by regulated financial entities; researching and drafting formal and informal legal opinions, court documents, and administrative hearing findings and decisions, and for responding to legal inquiries.  This position also will assist personnel in the Consumer Assistance Unit with legal issues and consumer inquiries.

Responsibilities

• Work with and provide support to field staff and Consumer Assistance Unit staff regarding legal research and interpretation on findings from examinations and consumer complaints. 
• Provide legal support services to the Division of Banks' enforcement unit and field examination staff for all facets of state and federal banking law including mortgage lender, broker, and loan originator regulations.  
• Draft regulatory enforcement orders and consent agreements, working closely with the Non-Depository Institution Supervision and Depository Institution Supervision sections of the Division.
• Interface with attorneys representing licensed entities in the enforcement process and related follow up communications.
• Respond to requests for legal advice and information from regulated entities, industry representatives, attorneys, and consumers regarding statutes, regulations, and interpretations to regulated financial institutions and licensees.
• Ensure that accurate legal information reflecting the position of the Division is conveyed and correctly interpreted within the industry.
• Interface with various state and federal regulators, including the CFPB, FDIC, HUD, Federal Reserve Bank, CFPB, Office of the Comptroller of the Currency, and National Credit Union Administration to review regulatory enforcement action and other legal matters.
• Participate in administrative/adjudicatory hearings relative to the issuance, suspension, or revocation of licenses to the over 3,500 regulated licensees and more than 4,000 licensed loan originators under the jurisdiction of the Division.  Act as various roles at administrative/adjudicatory hearings, including prosecuting

Requirements/Skills Needed

• MINIMUM ENTRANCE REQUIREMENTS:  Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and (A) at least three years of full-time, or equivalent part-time, professional experience in the practice of law.

• Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.

   

• Three or more years of experience practicing law, including administrative law and litigation.
• Extensive and thorough knowledge of Massachusetts and Federal Banking Law, structure of state and federal banking institutions and licensed entities, and legislative processes. Familiar with principles of Administrative Law, Commercial Law, financial analysis, and principles of bank and licensee operations and management.
• Ability to research and develop solutions for problem areas encountered; perform thorough analysis of complex legal issues and identify proposed solutions to same; and exercise discretion and sound judgment.
• Ability to successfully interact with people at high levels of authority outside the agency, maintaining effective relationships despite conflict situations.
• Ability to clearly articulate the Division's position on particular legal issues.
• Ability to write concisely, to express thoughts clearly, and to develop ideas in logical sequence. Ability to give written and oral instructions in a precise, understandable manner.
• Ability to anticipate and analyze difficult situations and take corrective action to prevent problems from occurring.
• Ability to exercise discretion in safeguarding information through compliance with rules of disclosure.

How to Apply

Apply online at https://massanf.taleo.net/careersection/ex/jobdetail.ftl?job=240000FP