Not really, since Futuremark can restrict it to a DX10 path, and ATi running the shaders more efficiently by even changing the order would constitute cheating. Futuremark was pretty specific about what the PPU segment was supposed to do, and what it can't do (use GPU), and so doing it another way would be against their partner agreement. If this were to be correct, then ATi should launch a shader recompile to make FM's shaders more compatible to their hardware and run it at their speed, not at FM's.
Could you not call that cheating?