What they are doing is putting their best foot forward and trying to convince the SEC that some of the potential allegations don't hold water.

What is probably happening is they are trying to seek disgorgement of profits and assess a civil penalty she deems unreasonable. As a result, she has backed off from any inclination to put this SEC matter behind her.

Spitzer obviously hopes to bring about a domino effect, ... He puts himself in a good position to arrange for that.

The government will be marshaling its efforts in the coming weeks to bolster its case against Lay, but it will be a tough task.