[blindlaw] Criminal Division, Fraud unit opening

Tue Aug 7 02:49:24 UTC 2012

Dan,

How have you found practicing criminal law while blind?
Forgive the direct question but its an area I would be interested in
learning more about.

Ger

On 8/7/12, Daniel McBride <dlmlaw at sbcglobal.net> wrote:
> Mr. Thomas:
>
> I was licensed to practice law in Texas in 1983.  95% of my 29 years
> practicing has been in criminal law; 3 years as a state prosecutor and the
> remainder as a defense attorney.
>
> For many years, minorities were systematically discriminated against in the
> jury selection process.  It was common practice for prosecutors to utilize
> their preemptory challenges to first strike minorities, then unfavorable
> whites with any remaining strikes.
>
> In 1986, the Supreme Court, in Batson v. Kentucky, ruled that prosecutors
> could not systematically eliminate minority jurors simply because they were
> black, hispanic or oriental, etc.  The Supremes said that the state must
> have an articulable, rational reason, other than merely being a minority,
> before using a preemptory challenge on minority jurors.
>
> Batson did not stop the practice of the state systematically utilizing
> preemptory challenges to strike minorities from jury panels; it merely
> altered the hoops a prosecutor must jump through to do so.  It remains a
> routine practice otherwise.  Today, prosecutors are trained to develop jury
> questionairres and voir dire questions so as to allow them to discriminate
> against minority jurors while being able to articulate a rational basis for
> doing so.
>
> Ultimately, Batson changed nothing about the process other than how the
> process was engaged.
>
> In my years in the legal community, I see it the same in the practice of
> hiring and the issue of disabilities.  For years, the system discriminated
> against handicaps.  The creation of the EEOC, and the passage of the
> Americans With Disabilities Act has done little to change this problem.
> Hiring agencies have simply adjusted their hiring policies and procedures
> to
> continue to discriminate while having an articulable, rational reason for
> why it is they hired someone other than the handicapped person involved.
>
> It is sad, But, as you mention, it is reality.
>
> Dan McBride
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of Russ Thomas
> Sent: Monday, August 06, 2012 7:36 PM
> To: 'Blind Law Mailing List'
> Subject: Re: [blindlaw] Criminal Division, Fraud unit opening
>
> Not to be too skeptical, but these ads are written so that employers can
> beat their breasts with pride about how they are willing to hire the
> disabled. I'm not saying that it wouldn't happen, but we all have had the
> experience at least one time in our lives (sometimes more than one time)
> where the so-called equal opportunity employer reacts with utter horror
> when
> you walk in the door. This is not to discourage anyone; rather, it is to
> make everyone aware of reality.
>
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of Mike Fry
> Sent: Monday, August 06, 2012 4:57 PM
> To: Blind Law Mailing List
> Cc: Blind Law Mailing List
> Subject: Re: [blindlaw] Criminal Division, Fraud unit opening
>
> Has a visually impaired attorney ever got a lateral job like this?  If so,
> please share the story.  I ask seriously because these types of post always
> go on our mailing list.  I know these types of lateral positions are very
> competitive.
>
> Sent from my iPad
>
> On Aug 6, 2012, at 4:34 PM, "Ross Doerr" <rumpole at roadrunner.com> wrote:
>
>> U.S. DEPARTMENT OF JUSTICE
>> CRIMINAL DIVISION, FRAUD SECTION
>> EXPERIENCED ATTORNEYS / GS-905-14/15
>> VARIOUS DUTY LOCATIONS
>> 12-CRM-FRD-077
>> About the Office: The Fraud Section is a litigating unit that
>> investigates and prosecutes complex, multi-district and international
>> white-collar criminal cases throughout the country and implements and
>> coordinates the Department's fraud enforcement policy. Fraud Section
>> cases focus on corporate, securities and investment fraud, foreign
>> bribery (Foreign Corrupt Practices Act), health care fraud, financial
>> institution and insurance fraud, mortgage fraud, procurement and
>> government program fraud (including fraud related to economic stimulus
>> and recovery programs), mass marketing fraud and other complex
>> criminal
> schemes.
>>
>> Responsibilities and Opportunity Offered: The Criminal Division, U.S.
>> Department of Justice, is seeking qualified, experienced attorneys for
>> several term positions in the Fraud Section located in various duty
>> locations within the U.S.
>>
>> Responsibilities will include investigation and litigation of criminal
>> health care fraud matters and will require travel.
>>
>> Qualifications: Required: Applicants must possess a J.D. degree, be an
>> active member of a bar (any jurisdiction), and have at least three (3)
>> years of post-J.D. legal experience.
>>
>> Desired candidates should demonstrate strong analytic, writing and
>> oral advocacy skills.
>>
>> Travel: Domestic and international travel is required.
>>
>> Position and Salary Information: These positions are for two year term
>> appointments, with the possibility of extensions contingent on
>> available funding.
>>
>> Years of experience and current salary determine the appropriate
>> salary level. The salary range for these positions is GS-14 to GS-15
>> (Base pay of
>> $84,697 - $129,517 plus the applicable locality pay of the duty
>> location).
>> See OPM's Web page at www.opm.gov/oca/payrates/index.html
>>
>> Location: Positions are available in the following locations:
>>
>> Baton Rouge, LA
>> Brooklyn, NY
>> Detroit, MI
>> Houston, TX
>> Dallas, TX
>> Los Angeles, CA
>> Miami, FL
>> Tampa, FL
>> Chicago, IL
>>
>> Relocation Expenses: Relocation expenses are not authorized.
>>
>> Submission Process and Deadline Date: To apply for these positions,
>> please submit a cover letter (highlighting relevant experience), a
>> detailed resume, law school transcript and a current performance
>> appraisal (if applicable)
>> to: Employment.Fraud at usdoj.gov (E-mail submission preferred) or mail to:
>>
>> U.S. Department of Justice
>> Criminal Division, Fraud Section
>> 1400 New York Ave, NW (Bond Building)
>> Washington, DC 20530
>> ATTN: Ben Crockett
>>
>> No telephone calls please.
>>
>> Please specify in your cover letter each of the duty locations for
>> which you would like to be considered. If you do not specify any duty
>> location, you will be considered for any of the nine locations.
>>
>> These vacancies are open until filled.
>>
>> Internet Sites: This and selected other attorney vacancy announcements
>> can be found on the Internet at
>> http://www.justice.gov/careers/legal/attvacancies.html
>>
>> For more information about the Criminal Division, please visit
>> http://www.justice.gov/criminal/
>>
>> Department Policies: The U.S. Department of Justice is an Equal
>> Opportunity/Reasonable Accommodation Employer. Except where otherwise
>> provided by law, there will be no discrimination because of color,
>> race, religion, national origin, political affiliation, marital
>> status, disability (physical or mental), age, sex, gender identity,
>> sexual orientation, genetic information, status as a parent,
>> membership or non-membership in an employee organization, on the basis
>> of
> personal favoritism, or any non merit factor.
>> The Department of Justice welcomes and encourages applications from
>> persons with physical and mental disabilities. The Department is
>> firmly committed to satisfying its affirmative obligations under the
>> Rehabilitation Act of 1973, to ensure that persons with disabilities
>> have every opportunity to be hired and advanced on the basis of merit
>> within the Department of Justice. This agency provides reasonable
>> accommodation to applicants with disabilities where appropriate. If
>> you need a reasonable accommodation for any part of the application
>> and hiring process, please notify the agency. Determinations on
>> requests for reasonable accommodation will be made on a case-by-case
> basis.
>>
>> It is the policy of the Department to achieve a drug-free workplace
>> and persons selected for employment will be required to pass a drug
>> test which screens for illegal drug use prior to final appointment.
>> Employment is also contingent upon the completion and satisfactory
>> adjudication of a background investigation. Only U.S. citizens are
>> eligible for employment with the Executive Office for Immigration
>> Review
> and the United States Attorneys'
>> Offices. Unless otherwise indicated in a particular job advertisement,
>> non-U.S. citizens may apply for employment with other organizations,
>> but should be advised that appointments of non-U.S. citizens are
>> extremely rare; such appointments would be possible only if necessary
>> to accomplish the Department's mission and would be subject to strict
> security requirements.
>> Applicants who hold dual citizenship in the U.S. and another country
>> will be considered on a case-by-case basis.
>>
>> There is no formal rating system for applying veterans' preference to
>> attorney appointments in the excepted service; however, the Department
>> of Justice considers veterans' preference eligibility as a positive
>> factor in attorney hiring. Applicants eligible for veterans'
>> preference must include that information in their cover letter or
>> resume and attach supporting documentation (e.g., the DD 214,
>> Certificate of Release or Discharge from Active Duty and other
>> supporting
> documentation) to their submissions.
>> Although the "point" system is not used, per se, applicants eligible
>> to claim 10-point preference must submit Standard Form (SF) 15,
>> Application for 10-Point Veteran Preference, and submit the supporting
>> documentation required for the specific type of preference claimed
>> (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy
>> of SF 15, which lists the types of 10-point preferences and the
>> required
> supporting document(s).
>> Applicants should note that SF 15 requires supporting documentation
>> associated with service-connected disabilities or receipt of
>> nonservice-connected disability pensions to be dated 1991 or later
>> except in the case of service members submitting official statements
>> or retirement orders from a branch of the Armed Forces showing that
>> his or her retirement was due to a permanent service-connected
>> disability or that he/she was transferred to the permanent disability
>> retired list (the statement or retirement orders must indicate that
>> the
> disability is 10% or more).
>>
>>
>>
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