Because settlement happens after a lawsuit is brought? Settlement is a means of reaching agreement before a trial, and is encouraged by the court as to save the court resouces, if parties can work it out amongst themselves
There is such a point where money would exchange hands before a formal suit between two private actors. For instance, I might want to settle with you quickly and privately to avoid having to admit what I did.
The government, on the other hand, wants the publicity of having filed the suit to deter other companies from doing the same thing. I don't believe they frequently settle before filing a formal suit.
> Is there a point at which money would exchange hands before a formal suit is filed?
For a purely monetary resolution to avoid a lawsuit, yes, but in regulatory cases rather than disputes between private parties where such an outcome is often preferred to a lawsuit occurring, the government will often not be interested in such an outcome, and will instead prefer a consent decree with behavioral restrictions that have strong legal consequences. These have to have an actual active case, as they are are court orders to which both parties stipulate, not private agreements. (“Settlement” can cover either type of resolution.)