In the end they decide to do the right thing with the list and give it to the government in the form of Marv. It makes sense. Marv may work for the very organisation that burned Michael and Jesse and in many ways created Simon, but he's a straight shooter and will do the right thing with the information. He also went out of his way to get the money that bought them the list, so it is only fitting that he get it.
Marv and Michael meet for the first time and Marv makes no secret of the fact that he doesn't like Michael. He's read the doctored file and believed it. Michael does point out that it's lies, but Marv brings up things like Fiona and Sam's past and that all makes it more believable. Despite his personal feelings Marv does agree to take receipt of the list. Even more so after he puts Michael on a polygraph and Michael begins the interrogation with the words: 'My name is Michael Westen. I used to be a spy...'
Neither Fiona or Maddie are happy about Michael possibly getting his old job back, but Fiona clings to the hope that once his name is cleared, his feelings for her will rise to the fore and he'll turn it down. Having lived through it once, Maddie fears that Michael will disappear like he did before. He was gone for a decade then, and it took 3 months before she even knew he was still alive.
While that's happening with Michael, Sam is trying to help a friend of his in the force. He was accused of going bad and disappearing with drugs from a bust. Michael believes he was crooked, Sam doesn't.
He meets with the man's wife and his former partner and manages to get a lead. Michael goes along for the ride and when the drug dealer they want to talk to runs, they know they're onto something.
It turns out that Sam's friend wasn't crooked, his partner was and now he's getting away with it. He even arranged to his have friend killed to hide his own wrong doings.
Because the partner didn't do the job himself and never saw the body it's not all that hard to make the partner believe his old friend is still alive. He panics and tries every trick in the book to make it all go away. Jesse and Fiona impersonate internal affairs. Sam has alerted the real internal affairs to what's going on and promises to deliver them a crooked cop. Michael's shoulder injury appears to have healed, because he dives off a boat just as it's about to be blown up and suffers no ill effects afterwards.
Once that's all wrapped up it's time to meet Marv and give him the list. Marv is accompanied by 'Homeland Security' and at the last moment begs them not to give him the list, he was threatened, his wife was threatened. That's when they open fire and kill Marv, as they drive away Michael sees Tyler Brennan (listed as part time spy, full time sociopath) in the back of the car. Jesse asks who it is, and Michael replies; 'Our worst nightmare.'. Brennan is bad, and he's evil, but I think Simon is more dangerous.
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