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Former A&F chief executive Mike Jeffries was recorded telling his associate how they are finished and in big trouble if he was deemed able to go to trial on sex trafficking charges this autumn, a federal court in NY has heard.

The taped conversations were part of in excess of 100 recorded calls between the former retail executive and Matthew Smith cited during a multi-day mental competency proceeding on Long Island on Long Island.

Jeffries' lawyers assert that he is suffering with dementia and the onset of the disease and is not competent to stand trial together with his partner and their accused middleman in October.

Nevertheless, prosecutors say their doctors determined his condition has stabilized and that the calls demonstrate he is remarkably preoccupied on being declared unfit.

In other recordings, Jeffries says he is hoping for a positive result, characterizing being deemed competent as a catastrophe, and tells a doctor: you better declare me unfit, the judge was told.

Judicial Process and Psychiatric Evidence

The calls were taped in the past year while he was being evaluated for a period of months in a mental health unit at a correctional institution in North Carolina to determine if he could restore his faculties.

The 81-year-old had earlier been ruled not competent last May but prison officials then stated in December that he was able for proceedings subsequent to his evaluation.

Government attorneys told the court Jeffries frequently griped about incarceration and was heard describing to Smith how terrible prison was, adding: so we must make this work.

Background

Jeffries, his partner Smith, 62, and their accused go-between James Jacobson, 73, were accused with operating a international human trafficking and commercial sex enterprise in October 2024.

They have denied the accusations, which carry a maximum sentence of a life term.

Their being taken into custody followed an exposé that uncovered the three had been at the heart of a elaborate scheme scouting individuals for sex around the world while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will make a determination in May about whether Jeffries will be tried after reviewing the evidence of six experts - experts, doctors and brain specialists, including prison doctors - who were cross-examined in the courtroom this week.

'Disinhibited' Conduct

A trio of defense witnesses, testify that Jeffries is legally unfit due to the after-effects of a traumatic brain injury, suspected dementia and Alzheimer's disease.

They testified that Jeffries exhibits unfiltered and off-color conduct, which is symptomatic of a spectrum of symptoms.

Examples include Jeffries referring to the prosecutor's expert witness a cunning bitch, praising her hair, informing another expert his clothing was poorly tailored, and describing his partner Smith as a midget, the court heard.

He was also heard in great detail on around 20 prison calls discussing his international travel plans for the next few months, despite having been on home confinement since 2024.

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

The prosecution contend this shows his awareness that he would regain his freedom if he was ruled unfit and the charges were dropped.

However, the defence's expert witnesses counter, stating it instead underscores that Jeffries does not remember his court-ordered limits and the seriousness of the case.

"I didn't see the expected reaction that I would anticipate someone to have who is up against such severe charges," testified one expert who assessed Jeffries.

"On the contrary, his manner throughout the evaluation... was similar to we were having a chat at his country club. There was no sense of alarm."

Diverging Neurological Diagnoses

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

Jeffries had been consuming alcohol at the moment of the 2018 incident and his history showed he continued drinking after being hospitalised, but an expert told the judge he did not think his general alcohol consumption had a decisive influence on his state.

After the fall, Jeffries experienced psychosis, and began hallucinating, with one episode in 2019 where he was located in his underclothes, immobile, in a neighbour's garden.

Experts from a prison hospital stated that Jeffries was able after observing him over an extended period in prison.

They assert his cognitive abilities were not consistent with Alzheimer's disease, which the court heard could not be definitively confirmed until an post-mortem could be performed.

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

Jeffries, dressed in a suit and tie in the court, was reported to be lighthearted and fairly engaging during meetings in the facility, and was intentionally pushing boundaries, at times using informal terms.

They assessed Jeffries with slight deficits and indicated his results may have gotten better since 2023 from borderline or deficient to average because of stopping drinking and better medication management during his evaluation.

109 Prison Calls Raise Issues

Central to determining fitness is whether Jeffries understands the charges against him, their penalties, the {legal proceedings|court process|trial