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Ex- Abercrombie & Fitch CEO Mike Jeffries was recorded saying to his UK-based partner that they were screwed and in deep trouble if he was declared fit to face trial on trafficking accusations later this year, a federal court in NY has learned.

The recordings were part of in excess of 100 recorded calls between the one-time CEO and Matthew Smith played during a lengthy mental competency proceeding recently on Long Island.

Jeffries' legal team contend that he is coping with cognitive decline and late onset of Alzheimer's and is incapable to be tried next to his partner and their purported intermediary in October.

Nevertheless, government lawyers argue their doctors determined his health has gotten better and that the conversations demonstrate he is extremely fixated on being found not competent.

In other tapes, Jeffries states he is hoping for a good outcome, labeling being ruled able as a catastrophe, and instructs a medical professional: you must declare me incompetent, the Central Islip court heard.

Judicial Hearings and Health Testimony

The calls were made last year while he was being held for four months in a psychiatric facility at a US prison in North Carolina to see if he could regain fitness.

The octogenarian had previously been found mentally incompetent last May but correctional authorities then declared in December that he was able for trial following his treatment period.

Prosecutors told the court Jeffries often protested incarceration and was caught on tape describing to Smith how awful incarceration was, stating: so we have to make this work.

Background

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

They have pleaded not guilty the charges, which could result in a maximum sentence of life in prison.

Their arrests were prompted by an exposé that revealed the group had been at the centre of a complex operation sourcing men for sex globally while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will rule in May about whether Jeffries will stand trial after considering the testimony of several professionals - experts, specialists and neurologists, including correctional physicians - who were cross-examined in court this week.

'Unrestrained' Behavior

A trio of defense witnesses, maintain that Jeffries is cognitively impaired due to the residual effects of a head injury, suspected Lewy body dementia and Alzheimer's disease.

They testified that Jeffries demonstrates disinhibited and off-color conduct, which is consistent with a set of symptoms.

Instances are Jeffries calling the prosecutor's psychologist a cunning bitch, praising her hair, informing another expert his clothing was ill-fitting, and describing his partner Smith as a dwarf, the court heard.

He was also recorded in great detail on about 20 recorded calls talking about his trips abroad for the coming months, notwithstanding having been on restricted movement since 2024.

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

The prosecution argue this demonstrates his awareness that he would be released if he was ruled unfit and the indictment were dismissed.

In contrast, the defence's expert witnesses disagree, stating it instead highlights that Jeffries does not remember his court-ordered limits and the severity of the case.

"I didn't see the expected reaction that I would anticipate someone to have who is confronting such serious charges," stated one doctor who evaluated Jeffries.

"On the contrary, his demeanor throughout the examination... was almost like we were having a meal at his club. There was no sense of distress."

Opposing Neurological Opinions

Reports indicated there is data that Jeffries' cognitive deterioration started in 2013, when imaging showed mild atrophy, which was worsened by a accident in 2018.

Jeffries had been drinking alcohol at the time of the 2018 event and his records showed he persisted in drinking after being hospitalised, but an expert told the judge he did not think his general drinking had a significant effect on his condition.

After the fall, Jeffries suffered a psychotic break, and began hallucinating, with one event in 2019 where he was discovered in his underwear, immobile, in a neighbour's garden.

Medical professionals from a Federal Medical Center said that Jeffries was fit after observing him over an extended period in the facility.

They say his intellectual functioning were not consistent with Alzheimer's disease, which the court heard could not be definitively confirmed until an autopsy could be performed.

"Even given the reduction that Mr Jeffries has suffered... he still is brighter and more able cognitively than probably 95% of the patients that we test for fitness," testified one neuropsychologist.

Jeffries, dressed in a business attire in the court, was reported to be lighthearted and fairly charismatic during meetings in the facility, and was intentionally being provocative, on occasion using informal address.

They found Jeffries with mild neurocognitive deficits and indicated his performance on tests may have gotten better since 2023 from borderline or impaired to average because of abstinence from alcohol and more consistent management of prescriptions during his confinement.

109 Recorded Conversations Prompt Concerns

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