On September 22, Assistant Attorney General Leslie R. Caldwell spoke at the Second Annual Global Investigations Review Conference and expanded upon the policy guidance provided by Deputy Attorney General Sally Yates at NYU Law School on September 10.  AAG Caldwell explained that the new policy guidance “strongly reinforced” DOJ’s ongoing practices with respect to corporate cooperation in DOJ investigations.  She conceded that a company “cannot provide what it does not have” and added that “where a company truly is unable to identify the culpable individuals . . . but provides the government with the relevant facts and otherwise assists us in obtaining evidence, the company will be eligible for cooperation credit.”  However, she cautioned that DOJ would “carefully scrutinize” a company’s claims to lack access to evidence.  She then outlined a few recent resolutions that demonstrated DOJ’s approach to valuing corporate cooperation.  First, AAG Caldwell highlighted the consequences of Alstom S.A.’s failure to provide timely and effective cooperation in an investigation into Foreign Corrupt Practices Act violations, which included a guilty plea and a $773 million fine, the largest ever DOJ foreign bribery resolution.  In contrast, she provided examples of more successful cooperation efforts, including IAP Worldwide Service (and Louis Berger International, which resulted in a non-prosecution agreement (“NPA”) and deferred prosecution agreement (“DPA”), respectively.  AAG Caldwell also discussed the limitations of Deutsche Bank’s cooperation in DOJ’s investigation into benchmark manipulation.  Lastly, after reinforcing the six steps laid out by DAG Yates that DOJ is taking to enhance its ability to hold individuals accountable, Ms. Caldwell acknowledged that the new guidance may not appear “radical” to the those familiar with DOJ, but added that the guidance “builds upon the core considerations of the existing Principles of Federal Prosecution” and that it “represents a strong step forward to promote and better reflect the importance of individual accountability.”