What difference does it make how many other people are in the match? Do you honestly think that the fact Swagger's booked in a match that contains 4-less people really matters at all in regards to how WWE punishes him? Because it really shouldn't. And unlike Hardy, Swagger was actually endangering the lives of other people by doing what he was doing, so it's actually worse.
WWE's pay cheque.
Besides, R-Truth got caught with pot when he was in the main event for Survivor Series, WWE won't suspended/punish Swagger yet because they got the match marketed and booked.
Different situations with in the company leads to different punishment times. Swagger will hopefully get punished AFTER Wrestlemania.