Swalwell may face another investigation into conduct concerns related to the former chief of staff

Former Rep. Eric Swalwell, D-Calif., is facing a new ethics complaint that prompts the Justice Department to investigate whether he used his position in Congress to promote his startup business that Swalwell ran alongside his chief of staff.

The appeal comes as Swalwell has also been accused by a number of women of misconduct in recent weeks – allegations he denies despite admitting he made poor decisions in his past when it came to women.

The Foundation for Accountability and Civic Trust (FACT), an ethics watchdog, filed a lawsuit Wednesday asking the Justice Department’s Office of Congressional Conduct to investigate allegations that Swalwell operated Findraiser, an artificial intelligence tool for political fundraising, for lawmakers, staff and Democratic Alliance campaigns.

FACT’s complaint was filed by Yardena Wolf, Swalwell’s former chief of staff and co-founder of Findraiser. Wolf eventually left his position as chief of staff to lead the late Swalwell’s gubernatorial campaign.

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Swalwell is already facing multiple investigations related to allegations of sexual misconduct, including by the Los Angeles County District Attorney, the Manhattan District Attorney and the Department of Justice. But, before the sexual misconduct allegations against him surfaced in early April, the former congressman was also facing heat for his behavior on Capitol Hill as it related to the Fundraiser promotion.

One Democratic staffer reportedly told the NOTUS newspaper that Swalwell is “selling the sh–t out” of the fundraiser on Capitol Hill.

NOTUS issued two reports in March, one of which cited Federal Election Commission data showing that an artificial intelligence-powered political fundraising tool was getting business from some of Swalwell’s longtime political allies, such as Sens. Adam Schiff, D-Calif., and Ruben Gallego, D-Ariz.

NOTUS published the follow-up dates later based on interviews with a half-dozen Democratic Party political organizations and other unnamed sources, as well as a review of email communications and documents. Both Swalwell and Wolff are said to be sending documents to Democratic staff and lawmakers about their company, according to a subsequent report, in addition to promoting public relations.

FACT’s ethics complaint calls for the allegations raised by NOTUS, and confirmed by other outlets, to be investigated.

Federal Election Commission filings show Sens. Adam Schiff (left) and Ruben Gallego (right) both contracted former Rep. Eric Swalwell for early political fundraising, according to allegations made in the NOTUS report. (Anna Moneymaker and Andrew Harnik via Getty Images)

“Public office is a position of trust, and no one should be held accountable for potential abuse of power by resigning,” FACT Executive Director Kendra Arnold said in a press release accompanying the group’s complaint. “Reported actions using official position to promote personal business and misuse of government resources raise serious legal concerns that warrant a thorough investigation by the Department of Justice. Ensuring accountability in cases like this is critical to maintaining public trust in government.”

Fox News Digital reached out to Swalwell, Wolf and Findraiser’s legal team for comment but did not receive a response.

The Justice Department also did not comment on whether it planned to look into FACT’s complaints.

Although lawmakers on Capitol Hill are legally allowed to receive income from businesses they own, House rules prohibit lawmakers and their staff from using “their political influence, the influence of (their) position … to obtain financial benefits.”

In addition, according to the 2022 House Ethics Manual, lawmakers and their staff are expected to avoid even the appearance of using their political influence for financial gain.

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Although lawmakers on Capitol Hill are legally allowed to receive income from businesses they own, House rules prohibit lawmakers and their staff from using “their political influence, the influence of (their) position … to obtain financial benefits.” (Fox News Digital)

“In any case, the General Standards Committee advises Members and staff to avoid situations where even the slightest suggestion of inappropriate behavior may be taken,” the manual said.

In addition to the allegations that he personally incorporated the company, Wolf, while serving as Swalwell’s chief of staff on Capitol Hill, allegedly emailed congressional campaigns offering Findraiser demos and texted congressional staffers under him to set up business meetings with him and Swalwell to discuss their startup, according to allegations reported by NOTUS.

Democratic operatives described Swalwell’s fundraiser on Capitol Hill as “perpetual” and said he “aggressively” sold it to Democratic candidates for office and top campaign officials, according to NOTUS. One staffer told NOTUS that mentions of his company by Swalwell or his staff are “a surprise all over the place” at some Democratic Alliance gatherings.

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“They were really attacking everybody,” a source with knowledge of the situation told the New York Post. “I bet every member in California could probably get help.”

The New York Post also reported that it spoke to sources who revealed that Swalwell would use his company as a legal bargaining chip.

“The only way you’re going to get Swalwell to sign off on your bills is if you take this weird phone call from his manager,” a source told the New York Post.

According to NOTUS, the fundraiser has raised nearly $60,000 for more than a dozen Democratic campaigns. Meanwhile, Swalwell’s congressional financial disclosure listed his company as worth between $200,000 and $500,000.

NOTUS revealed that it was informed by Swalwell’s former spokesperson in March, who left his position, that both Swalwell and Wolff had discussed the fundraiser with the necessary House Ethics staff. The spokesperson also said that Swalwell does not receive any money from the company.

Ex-Rep. Eric Swalwell, D-Calif., during an interview with Martha MacCallum of Fox News. (John Lamparski/Getty Images)

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“These alleged facts merit criminal investigation,” FACT’s complaint to the Department of Justice said. “This is just one of many issues during Swalwell’s troubled tenure in Congress, including being accused of using campaign funds to illegally pay for a Brazilian nanny in our country and being removed from the House Intelligence Committee for her collusion with a Chinese spy.”

Fox News Digital previously reported on other ethics complaints Swalwell has faced that were outlined in FACT’s letter to the Department of Justice.

Swalwell was accused of paying her nanny, Amanda Barbosa, with campaign funds for nearly two years while allegedly having no valid work authorization. After several complaints against Swalwell on this matter, the US Citizenship and Immigration Services (USCIS) confirmed to Fox News that it has forwarded the matter to the organization. Department of Homeland Security law enforcement to investigate.

Swalwell’s ouster from the House intelligence committee in 2023 involved concerns about the former congressman’s handling of the decade-long scandal surrounding his relationship with an alleged Chinese spy. The matter gained new life amid allegations of sexual misconduct that surfaced in early April as FBI officials considered whether to release documents about Swalwell’s relationship with alleged spy Christine “Fang Fang” Fang.

Fox News Digital’s Michael Sinkewicz and Ashley Oliver contributed to this report.