That may be, Geoff, but the league issued a statement to all teams heading into this season warning them about this very issue, and yet having that information and knowing the rules (and knowing that they had been semi-caught last year at Lambeau), the Patriots chose to continue doing this, and got caught in the very first game.
The Patriots are under scrutiny because they're breaking a rule that was a point of emphasis for Goodell this year, and because of rumors of this issue surfacing in the past (note Packers' president Bob Harlan saying the only reason the Packers were watching for this behavior was because they had "heard that the Patriots do that sort of thing") not because of how many wins they had last year or anything else due to their team's on-field reputation. You don't think the league would act on this if the Raiders or the Falcons or the Cardinals - teams that certainly have more of a "need" to do this than the talented Patriots would have - they would just turn a blind eye because they're not an "elite" team? The word was out on New England, and they chose to continue trying to get away with it. I really am not going to feel sorry for them when Goodell starts docking draft picks.