Job Description and Duties
If you are interested in applying for the Sacramento County, please submit your application through JC-166606.
If you are interested in applying for the San Francisco County, please submit your application through JC-166619. This office is currently located in San Francisco but will be relocating to Oakland in Fall 2019.
Reporting to the General Counsel and the Deputy General Counsel for the Litigation Division, and under the general direction of the Assistant Chief Counsel, Fraud Liaison Bureau (FLB), the Attorney V independently and as trial team lead, is an expert in the difficult and most complex litigation for the FLB. Provides formal and informal legal representation of the Insurance Commissioner in the investigation and state and federal court prosecution of persons and business entities who commit insurance fraud in California. The FLB prosecutes civil fraud actions and provides legal advice to the Fraud Division, which is headquartered in Sacramento with nine regional offices throughout the State of California.
The incumbent represents the Insurance Commissioner, who bring civil lawsuits on behalf of the State of California, to seek civil penalties and assessments of up to three times the value of any fraudulent claims made by business entities and/or private individuals such as doctors, lawyers, and other professionals, for insurance benefits. These are large, difficult, and complex cases generally referred to as “qui tam” actions authorized by the Insurance Frauds Prevention Act (IFPA), set forth under the provisions of the Insurance Code (Section 1871.7 et seq.) in which whistle-blowers are authorized to sue for penalties in the name of the People of the State of California. The Insurance Commissioner targets large-impact fraud cases involving millions of dollars in loss due to the filing of false claims by pharmaceutical companies, medical device manufactures, large hospital chains, and other business entitles and individuals.
The corporate defendants in qui tam actions are typically represented by large and resourceful national law firms. This litigation requires the greatest sensitivity because the cases are initially filed under seal with the court. These civil suits are intended to provide restitution and compensation to the state for the costs of investigation and prosecution, and in order to alleviate the social costs of increased insurance rates due to fraud.
Independently reviews, investigates, and prepares for litigation the most impactful, difficult, and complex qui tam cases by identifying and interviewing witnesses, securing and evaluating evidence, and preparing innovative and complex legal arguments. The Attorney v develops litigation strategy to aggressively pursue the most complex and sophisticated qui tam cases. The Attorney V handles all aspects of civil proceedings and acts as trial team lead on qui tam cases in the state and federal courts up to and through jury trial and appeal. As team lead the Attorney V will be required to evaluate each case in litigation for staffing and resource allocation needs.
Interacts with state and federal agencies, other state insurance regulators, consumer advocacy groups, outside counsel, and the state and federal judiciary. The Attorney V will make strategic decisions and substantive recommendations to the Insurance Commissioner and senior and executive staff.
Routine/extensive travel is required within and/or outside the state of California via private or public transportation (i.e., automobile, airplane, etc.). Travel will include overnight stay.
This position is designated under the Conflict of Interest Code. The position is responsible for making or participating in the making of governmental decisions that may potentially have a material effect on personal financial interests. The appointee is required to complete Form 700 within 30 days of appointment. Failure to comply with the Conflict of Interest Code requirements may void the appointment.
You will find additional information about the job in the Duty Statement.