Q3-4 2023 Integrity Advocate

Corporate Compliance & Ethics Week

MPC will be joining organizations around the globe in celebration of Corporate Compliance & Ethics Week, November 5-11, 2023. This weeklong celebration, Integrity at our Core, offers the opportunity to shine a spotlight on the importance of compliance and ethics here at MPC.

BI&C and our Business Integrity Partners, located throughout the company, have a week full of giveaways, fun activities and prizes planned. Be sure to take a moment to participate in these and to complete our Business Integrity Poll and let us know how we are doing! Your candid feedback will help ensure we are delivering on our commitment to compliance and ethics at MPC and allow you entry into our $100 Amazon Gift Card drawing.

We hope you'll join us, as a thriving ethics culture involves commitment, modeling, and the right conduct by all employees. So, mark your calendars now and check out our Compliance & Ethics Week Page for more information.  Integrity at our Core, our reputation and success depend on it.

Cheaters Never Win

On June 28, 2022, big four accounting firm, Ernst & Young (EY), was fined $100 million by the U.S. Securities and Exchange Commission (SEC), the largest penalty ever for an audit firm. This penalty came after a significant number of EY’s audit personnel were exposed for cheating on the ethics portion of the CPA exam, as well as other required trainings, despite knowing full well their actions were in violation of the company’s Code of Conduct. Not only did employees choose to cheat by sharing and using answer keys they had received from colleagues to pass exams, but EY chose to mislead regulators who were probing into the misconduct by “creating the impression that EY did not have current issues with cheating – either on training programs and assessments or CPA ethics exams.” EY’s statement to the SEC that, “nothing is more important than our integrity and our ethics” came just days after an EY employee had blown the whistle internally on the cheating scandal, yet EY never corrected its submission to the SEC’s Enforcement Division in light of this information. [1]

 

“It’s simply outrageous that the very professionals responsible for catching cheating by clients cheated on ethics exams of all things. It’s equally shocking that Ernst & Young hindered our investigation of this misconduct. This action should serve as a clear message that the SEC will not tolerate integrity failures by independent auditors who choose the easier wrong over the harder right.”

Gurbir S. Grewal, Director of the SEC’s Enforcement Division


 

In addition to the fine, the SEC ordered EY to retain two independent consultants to help remediate its deficiencies, with one firm reviewing the company’s procedures on ethics and another on its disclosure failures.

Lessons Learned

The cheating at EY was well known amongst employees and management, and despite concerns having been reported to leadership, they did nothing about it. By ignoring critical feedback from employees and failing to address ethical concerns, the leadership at EY normalized misconduct and promoted an unethical culture.

When leaders model ethical behavior and take steps to ensure employees feel “their concerns are heard and factored into decision-making” they help eliminate the grey area that often leads to poor ethical conduct (Schweller, 2022). Alternately, by allowing ethical missteps to go uncorrected, it creates a pattern of unethical behavior and fosters an environment in which employees are willing to take shortcuts they would not otherwise take.

The EY scandal is a harsh reminder of the devasting consequences that engaging in unethical activities can have on a company and its stakeholders. This incident highlights the importance of companies listening to their employee base and taking ethical concerns seriously.

So remember, “how” a company does business truly matters and here at MPC we remain committed to conducting company business with the highest level of ethics and integrity.

 

[1] Schweller, G. (2022, June 29). Internal Ernst & Young Whistleblower First Disclosed Cheating Scandal. Whistleblower Network News. Retrieved October 10, 2023. https://whistleblowersblog.org/corporate-whistleblowers/sec-whistleblowers/internal-ernst-young-whistleblower-first-disclosed-cheating-scandal/

Integrity in Action

 

 

[1] MPC Policy #2004 - Whistleblowing as to Account Matters. https://mpcpolicies-mplxpolicies.policyhub.com/PolicyHub/documents.aspx?doc=5&rec=1695   MPLX Policy #2004x - Whistleblowing as to Accounting Matters. https://MPCPolicies-MPLXPolicies.policyhub.com/PolicyHub/documents.aspx?doc=91&rev=1697

[2] MPC/MPLX Policy #2007 - Anti-retaliation for Reporting Illegal or Unethical Conduct. https://mpcpolicies-mplxpolicies.policyhub.com/PolicyHub/documents.aspx?doc=8&rev=1398

Glad You Asked

Below is a sample of inquiries received by Business Integrity and Compliance and responses to the same.

Click arrows below to view the company response to the concern.

The Question: I submitted a Business Courtesies (Gift or Entertainment) disclosure in Convercent and am not familiar with the process. Does it need to be approved by my organization? Or what does it mean when it says it is "pending"?

The Answer: Convercent will automatically route a Business Courtesies (Gift or Entertainment) disclosure to your supervisor for review. The disclosure will remain in pending status until it is either approved/cleared or rejected.  If the disclosure is not processed within a couple of weeks, BI&C will send a reminder notification to the supervisor.

The Question: One of our suppliers recently offered me a nominal gift, but it was offered just as we were beginning to negotiate a new agreement with this supplier. We have used this supplier previously and fully intend on executing an agreement regardless of any type of Business Courtesy offer. Would it be appropriate to accept this offer?

The Answer: Policy #2009 - Business Courtesies offers guidance to MPC Personnel regarding the acceptance of Gifts and whether or not a Business Courtesies Disclosure should be submitted. Also, see Policy #2009 Business Courtesies Frequently Asked Questions (Question/Answer 5, regarding other factors that should be considered, specifically, whether the company is currently in negotiations). Despite the associated dollar amount being below the required threshold for reporting, given the fact that the company is currently in negotiations with this vendor, we would recommend submitting a Business Courtesies Disclosure in advance of accepting the gift, for your supervisor’s review.

The Question: I won a raffle prize at a conference I attended recently. Are there any reporting requirements for this? 

The Answer: If the raffle tickets were purchased with personal money, then there is no requirement to report.  However, if you attended an event on behalf of the company, and were provided a raffle ticket and won, it would be considered a gift.  Gifts that are valued greater than $100 must be disclosed by submitting a Business Courtesies Disclosure. Additionally, regardless of the dollar amount, you must never accept a Gift of cash or cash equivalents.   See also Guidelines for Business Courtesies and our FAQ’s related to Policy #2009, Business Courtesies, Question and Answer 22.

The Question: I would like to start my own consulting business helping other companies save costs. This venture would not take business away from Marathon Petroleum or MPLX. Am I allowed to pursue this venture, or would it be considered a conflict of interest?

The Answer: In general, outside professional activities for personal gain are allowable so long as they do not prevent devotion of the loyalty, time and effort required by MPC or its affiliates and do not violate Policy #2006, Conflicts of Interest.  Absent additional information and to avoid a potential conflict of interest, you should not conduct any work that is in any way connected to the business of MPC and should not represent yourself as an MPC employee in connection with your consulting business.  It is also important to remember that you should not share any non-public information regarding the company’s business and/or processes with outside parties.  Finally, you have an obligation to keep your supervisor informed of your consulting business. The best way to protect against and deal with potential conflicts of interest is by submitting an Interim Disclosure.

 

Be an Integrity Advocate

Being an advocate is about speaking up not only about what may be wrong, but also about what is going right. Examples of ethical conduct should be highlighted and celebrated! 

We invite you to help expand our scope to include positive stories of integrity in action in future issues of the Integrity Advocate by submitting instances of integrity in action to Business Integrity and Compliance, Room M-01-004 Findlay Campus or [email protected].