; and (II) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered. (B) (i) Upon motion of a defendant charged with a violation of section 1962 for which criminal forfeiture is ordered under this section and against whom the order is entered, supported by an affidavit sufficient to demonstrate a genuine need for the defendant to use the property subject to an order entered under subparagraph (A) to retain counsel of choice, the court shall hold a hearing to determine whether to modify or rescind, in whole or in part, the order to allow the defendant to use the property to retain counsel of choice. (ii) At the hearing, the court shall consider— (I) the weight of the evidence against the defendant with respect to the violation of this title or title III for which criminal forfeiture is be ordered under this section; (II) the weight of the evidence with respect to whether the property will be subject to forfeiture under this section; (III) the history and characteristics of the defendant; and (IV) the nature and circumstances of the case. (C) An order entered pursuant to subparagraph (A)(ii) shall be effective for not more than 90 days, unless— (i) extended by the court for good cause shown; or (ii) an indictment or information described in subparagraph (A)(i) has been filed. ; and (2) in paragraph (2), by inserting that the defendant committed a violation of this title or title III for which criminal forfeiture may be ordered under this section and probable cause to believe after believe . 6. Recovery of attorneys fees Section 2465(b) of title 28, United States Code, is amended— (1) in paragraph (1), by striking substantially