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One-time Abercrombie & Fitch CEO Mike Jeffries was heard on tape telling his associate how they were screwed and in big trouble if he was deemed able to go to trial on human trafficking accusations in the coming months, a New York federal court has learned.

The taped conversations were part of more than 100 phone calls between the one-time CEO and Matthew Smith referred to during a multi-day mental competency session recently on Long Island.

Jeffries' attorneys assert that he is battling dementia and the onset of Alzheimer's disease and is not competent to be tried together with his partner and their purported intermediary in October.

Nevertheless, the prosecution argue their doctors found his health has stabilized and that the calls show he is incredibly preoccupied on being ruled unfit.

In other audio clips, Jeffries says he is hoping for a favorable ruling, describing being deemed competent as a disaster, and instructs a physician: you had better rule me incompetent, the court heard.

Judicial Process and Medical Testimony

The conversations were recorded last year while he was being held for a period of months in a mental health unit at a federal prison in North Carolina to assess if he could recover competency.

The elderly defendant had in the past been deemed legally unfit in May but correctional authorities then declared in December that he was fit for trial subsequent to his evaluation.

The prosecution informed the judge Jeffries frequently griped about life in jail and was caught on tape describing to Smith how horrible prison was, remarking: which is why we have to succeed.

Background

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

They have entered not guilty pleas the charges, which could result in a potential penalty of life imprisonment.

Their detentions followed an exposé that showed the three had been at the core of a sophisticated scheme scouting young men for sex globally while Jeffries was CEO of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will rule in May about whether Jeffries will be tried after considering the statements of six experts - psychologists, specialists and medical experts, including facility doctors - who were examined in the courtroom during the hearing.

'Disinhibited' Behavior

Several medical witnesses for the defense, argue that Jeffries is cognitively impaired due to the after-effects of a head injury, probable a form of dementia and Alzheimer's disease.

They said under oath that Jeffries exhibits socially inappropriate and off-color behaviour, which is symptomatic of a spectrum of symptoms.

Examples involve Jeffries referring to the prosecutor's psychologist a insult, praising her hair, telling another expert his clothing was poorly tailored, and referring to his partner Smith as a dwarf, they say.

He was also heard in excruciating detail on about 20 prison calls discussing his travel itinerary for the next few months, despite having been on house arrest since 2024.

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

Prosecutors suggest this shows his understanding that he would be released if he was found incompetent and the indictment were dismissed.

However, the defense's witnesses disagree, stating it instead points to that Jeffries fails to recall his court-ordered limits and the gravity of the charges.

"He lacked the appropriate emotional response that I would anticipate someone to have who is confronting such severe charges," testified one forensic psychiatrist who reviewed Jeffries.

"On the contrary, his behavior throughout the examination... was as if we were having a meal at his club. There was no sign of distress."

Diverging Neurological Diagnoses

Reports indicated there is data that Jeffries' mental decline began in 2013, when scans showed mild atrophy, which was exacerbated by a incident in 2018.

Jeffries had been consuming alcohol at the moment of the 2018 incident and his records showed he kept on drinking after being hospitalised, but an expert told the judge he did not think his overall drinking had a major impact on his condition.

After the fall, Jeffries suffered a psychotic break, and started seeing things, with one episode in 2019 where he was located in his underwear, unable to move, in a neighbour's garden.

Medical professionals from a prison hospital testified that Jeffries was fit after evaluating him over an extended period in custody.

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

"Even given the reduction that Mr Jeffries has undergone... he still is more capable and more able cognitively than probably 95% of the individuals that we test for fitness," stated one doctor.

Jeffries, dressed in a business attire in the courtroom, was reported to be lighthearted and quite personable during interactions in the facility, and was purposely testing the limits, at times using informal address.

They assessed Jeffries with slight deficits and said his performance on tests may have improved since 2023 from borderline or deficient to typical because of stopping drinking and more consistent management of prescriptions during his stay.

109 Jail Recordings Present Issues

Central to establishing competency is whether Jeffries comprehends the charges against him, their penalties, the {legal proceedings|court process|trial