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Former Abercrombie & Fitch CEO Mike Jeffries was taped telling his British partner how they'd be screwed and in big trouble if he was declared fit to go to trial on sex trafficking charges this autumn, a New York federal court has learned.

The taped conversations were among in excess of 100 phone calls between the one-time CEO and Matthew Smith cited during a four-day legal competency session on Long Island on Long Island.

Jeffries' attorneys assert that he is suffering with dementia and late onset of Alzheimer's and is not competent to be tried next to his partner and their purported facilitator in October.

Nevertheless, the prosecution say their medical experts determined his health has improved and that the recordings demonstrate he is incredibly preoccupied on being ruled incompetent.

In additional tapes, Jeffries states he is praying for a positive result, characterizing being ruled able as a calamity, and tells a physician: you better find me unfit, the court heard.

Judicial Proceedings and Medical Testimony

The conversations were made last year while he was being treated for a period of months in a mental health unit at a correctional institution in North Carolina to assess if he could regain fitness.

The octogenarian had in the past been deemed legally unfit last May but correctional authorities then stated in December that he was fit for proceedings after his treatment period.

Prosecutors told the court Jeffries often complained about prison conditions and was caught on tape telling to Smith how horrible jail was, stating: that's why we have to make this work.

Context

Jeffries, his partner Smith, 62, and their purported middleman James Jacobson, 73, were charged with running a worldwide trafficking and prostitution business in October 2024.

They have pleaded not guilty the charges, which have a maximum sentence of a life term.

Their being taken into custody were prompted by an investigation that showed the trio had been at the centre of a sophisticated network recruiting men for sex internationally while Jeffries was chief executive of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after considering the testimony of multiple specialists - psychologists, psychiatrists and brain specialists, including prison doctors - who were questioned in court recently.

'Disinhibited' Conduct

Three medical witnesses for the defense, maintain that Jeffries is cognitively impaired due to the after-effects of a traumatic brain injury, likely Lewy body dementia and Alzheimer's disease.

They testified that Jeffries exhibits socially inappropriate and off-color behavior, which is consistent with a range of dementia symptoms.

Instances are Jeffries referring to the prosecution's psychologist a cunning bitch, complimenting her hair, informing another expert his clothing was poorly tailored, and referring to his partner Smith as a dwarf, according to testimony.

He was also recorded in minute detail on about 20 prison calls discussing his international travel plans for the near future, notwithstanding having been on house arrest since 2024.

"I wouldn't want to go on trips without you," Jeffries was recorded saying to Smith from incarceration.

The prosecution contend this demonstrates his awareness that he would be released if he was ruled incompetent and the case were dropped.

Conversely, the defense's witnesses have a different view, saying it instead highlights that Jeffries has forgotten his court-ordered limits and the seriousness of the situation.

"I didn't see the expected emotional response that I would expect someone to have who is up against such severe charges," testified one doctor who reviewed Jeffries.

"Rather, his behavior throughout the evaluation... was as if we were having lunch at his country club. There was no indication of distress."

Diverging Medical Opinions

Reports indicated there is information that Jeffries' mental decline commenced in 2013, when tests showed mild atrophy, which was exacerbated by a fall in 2018.

Jeffries had been intoxicated at the moment of the 2018 event and his records showed he continued drinking subsequent to being hospitalized, but an expert told the judge he did not think his general drinking had a major impact on his state.

After the fall, Jeffries suffered a psychotic break, and started hallucinating, with one event in 2019 where he was found in his underwear, incapacitated, in a neighbor's yard.

Experts from a Federal Medical Center testified that Jeffries was competent after assessing him over an extended period in custody.

They say his cognitive abilities did not align with Alzheimer's disease, which the court heard could not be absolutely determined until an autopsy could be performed.

"Even given the declines that Mr Jeffries has experienced... he still is more capable and more capable cognitively than probably 95% of the patients that we evaluate for competency," stated one neuropsychologist.

Jeffries, wearing a business attire in the courtroom, was described as lighthearted and fairly engaging during meetings in the facility, and was deliberately pushing boundaries, sometimes using familiar address.

They found Jeffries with minor cognitive impairments and indicated his performance on tests may have gotten better since 2023 from low or impaired to normal because of sobriety and better management of prescriptions during his stay.

109 Recorded Conversations Raise Issues

Central to assessing competency is whether Jeffries understands the allegations against him, their penalties, the {legal proceedings|court process|trial