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Ex- A&F chief executive Mike Jeffries was recorded saying to his associate that they were finished and in big trouble if he was declared competent to go to trial on human trafficking charges later this year, a federal court in NY has been told.

The taped conversations were among in excess of 100 recorded calls between the one-time CEO and Matthew Smith referred to during a multi-day fitness to stand trial proceeding on Long Island on Long Island.

Jeffries' attorneys argue that he is battling dementia and late onset of Alzheimer's and is not competent to stand trial alongside his partner and their purported middleman in October.

However, government lawyers say their health professionals concluded his condition has improved and that the conversations show he is remarkably fixated on being found unfit.

In other audio clips, Jeffries states he is hoping for a favorable ruling, characterizing being found fit as a calamity, and says to a medical professional: you had better declare me unfit, the judge was told.

Judicial Hearings and Health Testimony

The conversations were made in the past year while he was being held for a period of months in a psychiatric facility at a US prison in North Carolina to see if he could restore fitness.

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

Prosecutors advised the judge Jeffries repeatedly complained about prison conditions and was recorded describing to Smith how terrible prison was, stating: that's why we must succeed.

Background

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

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

Their detentions followed an exposé that revealed the group had been at the core of a complex scheme recruiting young men for sex around the world while Jeffries was chief executive of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will rule in May about whether Jeffries will be tried after weighing the evidence of multiple specialists - experts, psychiatrists and medical experts, including correctional physicians - who were questioned in court during the hearing.

'Inappropriate' Behaviour

Three medical witnesses for the defense, testify that Jeffries is mentally incompetent due to the residual effects of a traumatic brain injury, suspected a form of dementia and Alzheimer's disease.

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

Instances involve Jeffries calling the prosecution's expert witness a derogatory term, complimenting her hair, telling another expert his clothing was badly made, and describing his partner Smith as a midget, they say.

He was also recorded in excruciating detail on around 20 prison calls planning his trips abroad for the coming months, despite having been on house arrest since 2024.

"I can't go on trips without you," Jeffries was overheard telling Smith from prison.

Prosecutors argue this indicates his understanding that he would regain his freedom if he was declared unfit and the indictment were dropped.

However, the defence's medical experts have a different view, saying it instead highlights that Jeffries has forgotten his legal restrictions and the seriousness of the situation.

"There wasn't the expected emotional response that I would expect someone to have who is up against such severe charges," stated one expert who reviewed Jeffries.

"Rather, his manner during the assessment... was similar to we were having a meal at his club. There was no indication of anxiety."

Diverging Neurological Assessments

Evidence indicated there is information that Jeffries' decline began in 2013, when tests showed brain shrinkage, which was accelerated by a incident in 2018.

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

In the wake of the fall, Jeffries became psychotic, and started having visions, with one event in 2019 where he was found in his underwear, unable to move, in a neighbor's yard.

Experts from a Federal Medical Center testified that Jeffries was able after observing him over four months in custody.

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

"Even given the reduction that Mr Jeffries has undergone... he still is brighter and more able mentally than probably 95% of the individuals that we assess for competency," stated one neuropsychologist.

Jeffries, dressed in a business attire in the courtroom, was described as cheerful and fairly engaging during meetings in prison, and was intentionally testing the limits, sometimes using disrespectful address.

They found Jeffries with slight deficits and said his performance on tests may have gotten better since 2023 from low or deficient to normal because of stopping drinking and more consistent management of prescriptions during his evaluation.

109 Recorded Conversations Raise Concerns

Key to establishing fitness is whether Jeffries understands the charges against him, their consequences, the {legal proceedings|court process|trial