What is the test for a restraining order against a defendant who has been accused of racketeering?

Defendant argues that the issuance of the restraining order constitutes a pretrial determination that he is guilty of racketeering and denies him due process of law. He relies on United States v. Mandel, 408 F.Supp. 679 (D.Md.1976), where the court refused to grant a restraining order upon a finding that it would substantially prejudice the defendant. The court observed that "the determination of whether legitimate business interests are in `criminal' hands can hardly be made in advance of the actual trial . . .." Id. at 683.