but the civil charges can go forward.

The trouble in Lay's case is that, without the criminal charges (and conviction) can the civil charges go forward? Did Lay commit a crime when he was CEO? If he didn't, why do you think you (or anyone else) is owed money from the Lay Estate?

Here's a good one for you though. Let's say you're a big time CEO and you're committing bad things left and right. The government is onto you. You've been convicted (but not sentenanced) and the government is looking at coming for your $40 million.

And your wife decided that she might want 40 million a lot more than visiting you in jail.