; or (ii) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that— (I) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; 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, the court shall hold a hearing to determine whether to modify or rescind, in whole or in part, an order entered under subparagraph (A) to allow the defendant to use the property subject to the order 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 section 1962 for which criminal forfeiture is 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.