; and (ii) the Government did not meet the burden of proof described in subparagraph (C)(ii). . 3. Representation Section 983(b) of title 18, United States Code, is amended— (1) in paragraph (1)(A), by striking judicial ; and (2) in paragraph (2)(A), by striking judicial civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel, and the property subject to forfeiture is real property that is being used by the person as a primary residence and inserting civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel . 4. Burden of proof Section 983(c) of title 18, United States Code, is amended— (1) in paragraph (1), by striking a preponderance of the evidence and inserting clear and convincing evidence ; and (2) in paragraph (2), by striking a preponderance of the evidence and inserting clear and convincing evidence . 5. Right to request hearing on pretrial restraint of property to retain counsel of choice (a) Title 18 Section 1963(d) of title 18, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) (A) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) for forfeiture under this section— (i) upon the filing of an indictment or information charging a violation of section 1962 and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section