Job Vacancy: Senior Legal Expert within Enforcement
Job code: EU/025/2020
The Enforcement function is responsible for reviewing the actions and where necessary conducting investigations of licence holders who have or are suspected of having committed serious compliance failures, serious misconduct or any other serious breaches the law. This function has a cross-sectorial enforcement role and covers all areas falling under the MFSA's supervisory function. Furthermore, the Enforcement function investigates the actions of persons carrying on financial services activities without having the necessary licence or authorisation. The Enforcement function investigates also suspicious or dubious schemes and takes the appropriate action in such cases, including reporting suspicions of criminal activities to the Police and suspicions of money laundering and funding of terrorism to the FIAU.
The eventual appointee will work closely with the Head of Enforcement function. The Senior Legal Expert (Enforcement) will have a senior role in the legal review of enforcement actions, drafting of legal documents and where necessary the conduct of investigations of entities or persons who have or are suspected of undertaking financial services activity without a licence in breach of applicable laws, regulations, rules or other regulatory requirements.
The duties and responsibilities of the Senior Legal Expert (Enforcement) shall include:
- Act as a technical point of reference to the Enforcement team;
- Providing legal advice in relation to investigative and enforcement work;
- Reviewing and vetting of investigation reports, memoranda and correspondence;
- Investigation of licence holders and related enforcement action;
- Attending court and tribunal sittings as necessary;
- Preparation of reports to the police and attending meetings with the police;
- Coordination and cooperation with supervisory functions;
- Discussing investigative strategy with senior management;
- Collection of information, documentation and evidence;
- Attending meetings with licence holders and unauthorised persons under investigation;
- Conducting on-site investigation visits and surprise inspections;
- Analysing, assessing and discussing findings of investigations;
- Identifying breaches or wrongdoing;
- Consideration of representations received and discussing with senior management;
- Preparation of memoranda for submission to the MFSA decision-making body;
- Following up on decisions of the MFSA decision-making body;
- Investigation of unauthorised business and related enforcement action;
- Investigation of dubious and/or fraudulent activities or schemes;
- Investigation of financial crime and referral to the police; and
- Other duties and tasks as may be assigned.
How to apply or query further information:
- We are looking for a warranted lawyer with a solid background in financial services;
- You will also possess a minimum of eight (8) years of experience working in the area of financial services/Legal area. Candidates with longer working experience relevant to the role will be preferred.
Candidates are to forward a copy of their Curriculum Vitae (C.V.) and an accompanying covering letter providing the motivation for the application.
Other Important Information:
The MFSA is an Equal Opportunities Employer as certified by the NCPE (National Commission for the Protection of Equality) and is committed to a policy of equal opportunity in all aspects of employment and will take care to avoid any form of discrimination in its recruitment procedures. The MFSA reserves the right to withdraw this call at any time and not to select any of the Candidates. It is the responsibility of applicants in possession of qualifications awarded by Universities and other similar institutions outside Malta to produce a recognition statement on the comparability of qualifications issued by the Malta Qualifications Recognition Information Centre (MQRIC). Applicants should do so preferably at the application stage or otherwise at the preliminary interview should an applicant be selected for such an interview. Details can be obtained by accessing the National Commission for Further and Higher Education website under MQRIC heading. The MFSA shall ensure that any processing of personal data is in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation), the Data Protection Act (Chapter 586 of the Laws of Malta) and any other relevant European Union and national law. For further details, you may refer to the Data Protection Policy on the MFSA webpage. Candidates are to note that the submission of any false statement/s or omission, even if unintended, may lead to the cancellation of their application and may render the candidate's appointment liable to termination. Furthermore, please note that candidates may be asked to submit any documentation in support of the information provided, including but not limited to, proof of qualifications and Police Conduct Certificates.
Jobsplus Reference No: 480/2020
Malta Financial Services Authority:
The Malta Financial Services Authority (MFSA) is the single regulator for financial services in Malta. It was established by law on 23 July 2002 taking over supervisory functions previously carried out by the Central Bank of Malta, the Malta Stock Exchange and the Malta Financial Services Centre. The Authority is a fully autonomous public institution and reports to Parliament on an annual basis.