OPINION AND ORDER The Securities and Exchange Commission (the “Commission”) brings this civil action against John Madsen for engaging in a “pump-and-dump” scheme in violation of the Securities Exchange Act of 1934 and associated regulations. On February 28, 2018, Madsen consented to entry of a judgment against him and the issuance of a permanent injunction. (Docket No. 22-1). Accordingly, on March 9, 2018, the Court entered (and, on March 12, 2018, amended) a consent judgment against Madsen, and issued an injunction barring him from future violations of Section 10(b) of the Securities Exchange Act of 1934 (“Section 10(b)”) and 17 C.F.R. §240.10b-5 (“Rule 10b-5″), and from participating in any offering of a penny stock. (Docket No. 27 (“Am. Consent Judgment”)). Left unresolved was the nature and size of a civil monetary penalty, if any. (Docket No. 22). The Commission now moves for imposition of a civil penalty and entry of final judgment against Madsen. (Docket No. 51). For the reasons that follow, the Court grants the Commission’s motion and imposes a “second-tier” civil penalty totaling $80,000.BACKGROUNDThe following facts are drawn from the allegations in the Complaint (Docket No. 1 (“Compl.”)), which form the basis of the Court’s decision and which — pursuant to the terms of the Amended Consent Judgment (see Am. Consent Judgment 3) — are assumed to be true for purposes of this motion. See, e.g., SEC v. Juno Mother Earth Asset Mgmt., LLC, No. 11-CIV- 1778 (TPG), 2014 WL 1325912, at *3 (S.D.N.Y. Mar. 31, 2014) (“When a defendant enters a consent judgment with the Commission and agrees not to challenge the details of the Commission’s complaint, courts accept the allegations in the complaint to be true when deciding the Commission’s subsequent motion for monetary relief.”); see also SEC v. Bankosky, 716 F.3d 45, 46 (2d Cir. 2013) (per curiam) (accepting allegations in the complaint as true for purposes of a specific motion, pursuant to the parties’ consent judgment).In the fall of 2013, Madsen recruited Bernard Fried to serve as President and Chief Executive Officer of Andalusian Resorts and Spas, Inc. (“ARSP”), then a privately held company controlled by Madsen that purported to be in the business of acquiring and managing luxury hotels and resorts catering to the lesbian, gay, bisexual, and transgender community. (Compl.
14-16). At Madsen’s direction, Fried then purchased (in his own name) a controlling share of Hui Ying Technology and Media Group Holding Company (“HUIY”), a publicly traded company with a very small market capitalization. (Id.
