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Case 22-1426, Document ONAN? 3536039, Page168 of 217 Me6eSQmaxl information abo ut the status of the 53 estate. With respect to 2 whether this information should be in the PSR, think the 3 Court is exactly right. This is listed on an asset on her 4 balance sheet. Whether she ultimately recovers that amount or 5 not, it's listed in the same way that liabilities are listed 6 even though it may be uncertain as to how those are resolved. 7 So I don't think the objection is founded. 8 THE COURT: Yes, I'm going to overrule this objection g to the PSR paragraph. It is included as an asset in 10 Ms. Maxwell's financial aid affidavit. The uncertain assertion 11 that she may lose the asset is not a basis to exclude it froma 12 considered asset for purposes of determining a fine. 13 Paragraph 178, the assertion here is that she is 14 unable to pay a fine. 15 Do I have that right, Mr. Everdell? 16 R. EVERDELL: Yes, your Honor. 17 THE COURT: overrule the objection. Section 18 5E1.2(a) of the Guidelines requires the Court to impose a fine 19 in all cases except where the defendant establishes that she is 20 unable to pay and is not likely to become able to pay any fine. 21 The defendant has failed to establish this. As just noted, 22 there is a $10 million bequest from Epstein this is in addition 23 to other assets noted in the PSR. 24 [ will say the assets and finances have been a moving 25 target. In July 2020, Ms. Maxwell reported $3.8 million in SOUTHERN DISTRICT REPORTERS, P.C.eee (212) 805-0300 DOJ-OGR-00021598