Director of Enforcement

Definition:

Churning, Ponzi, Bait and Switch, Pump and Dump - all schemes commonly executed in the investment world against investors by bad actors and white-collar criminals. Come lead a team of state regulators committed to protecting the investing public from these types of misconduct and fraud, and more.

Who are we? The Missouri Securities Division is part of the Office of the Secretary of State and the state regulatory agency for the securities industry. Through its three sections - Registration, Examinations, and Enforcement - the Division and its nearly twenty-person staff oversees and regulates securities-related activities occurring in, from, and into the state by both registered actors, such as broker-dealers and their agents and investment advisers and their representatives, as well as unregistered persons.

Job Functions and General Responsibilities:

• The Director of Enforcement leads the Enforcement Section in all phases of its work, including complaint intake, investigation, and litigation.
• Supervises investigators, paralegals and legal assistants; reviews complaints, referrals and tips; and assigns matters to investigators and Securities Enforcement Counsel.
• Carries a large caseload of enforcement matters while also providing direction on other cases for investigators and other Securities Enforcement Counsel.
• Reviews investigative summaries, case reports, and recommendations from investigators to determine what action should be taken.
• Prepares petitions, motions, and discovery requests; drafts proposed orders; conducts depositions; and negotiates consent orders.
• Prepares for and presents cases at administrative hearings and civil trials.
• Makes recommendations concerning criminal referrals, and at times serves as a specially appointed assistant prosecutor or assistant attorney general.
• Key liaison with outside law enforcement agencies and government regulators.
• Must be comfortable interacting with registered broker-dealers and investment advisers, opposing counsel, and the public, especially vulnerable citizens.
• Plans and presents continuing education and training for investigators, and as directed by the Commissioner of Securities, guides in-house training of Securities Division staff.
• Perform all other duties as assigned by the Commissioner of Securities.

Knowledge, Skills, and Abilities:

• The Director of Enforcement is an attorney with a background in or knowledge of securities law, securities enforcement and regulation, administrative and civil litigation and/or criminal prosecution.
• An understanding of the financial services industry, capital markets, investment and retirement issues, finance, and the federal and state laws pertaining to the securities industry is preferred.
• Must be able to manage and lead a large number of open cases and investigations toward prompt resolution.
• The ability to exercise sound, objective judgment on the merits of potential cases, and determine what enforcement action is warranted, is also needed.
• Must be an effective communicator, able to work with legal assistants, paralegals, and investigators with backgrounds in law enforcement and/or financial services, and provide specific guidance and direction to those staff members.
• Should possess excellent organizational and time-management skills, and have the ability to prioritize work effectively.
• Should possess strong written and oral advocacy skills, including the ability to manage discovery and conduct and defend depositions, and have the ability to work under deadline pressure.
• Should possess strong interpersonal skills and the ability to work on a team as well as have the ability to establish and maintain effective working relationships with peers, state and federal agencies, and the public.
• Must be proficient in various office related software including, but not limited to Microsoft Word, Microsoft Excel, and Microsoft Outlook, and must be proficient in legal research, including the use of Westlaw.

Qualifications:

The Director of Enforcement must have a law degree from an ABA-accredited law school and an active Missouri law license. Management experience and experience in the areas of securities law, business litigation, administrative law, civil litigation and/or criminal prosecution, or experience with a securities regulator is highly preferred.

The above job description in no way implies that these are the only duties to be performed by this employee. The incumbent is expected to perform other duties necessary for the effective operation of the department.