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Former Abercrombie & Fitch CEO Mike Jeffries was taped informing his associate that they were screwed and in grave danger if he was deemed able to face trial on trafficking charges this autumn, a US district court has learned.

The recordings were part of in excess of 100 telephone conversations between the ex-fashion boss and Matthew Smith played during a four-day legal competency proceeding on Long Island on Long Island.

Jeffries' attorneys contend that he is battling cognitive decline and the onset of Alzheimer's disease and is unfit to face trial next to his partner and their alleged middleman in October.

In contrast, government lawyers contend their medical experts concluded his mental state has gotten better and that the conversations show he is extremely fixated on being ruled incompetent.

In further recordings, Jeffries is heard saying he is praying for a good outcome, describing being ruled able as a disaster, and tells a doctor: you must find me incompetent, the court was told.

Legal Hearings and Medical Evidence

The calls were recorded in the past year while he was being held for four months in a treatment center at a US prison in North Carolina to see if he could regain fitness.

The 81-year-old had earlier been ruled mentally incompetent in May but correctional authorities then stated in December that he was able for proceedings subsequent to his hospital stay.

Prosecutors told the court Jeffries often protested life in jail and was heard explaining to Smith how horrible jail was, stating: that's why we got to pull this off.

Background

Jeffries, his partner Smith, 62, and their alleged go-between James Jacobson, 73, were charged with running a international sex trafficking and prostitution business in October 2024.

They have denied the charges, which could result in a potential penalty of a life term.

Their arrests were prompted by an exposé that revealed the group had been at the heart of a complex scheme recruiting men for sex internationally while Jeffries was the head of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will stand trial after reviewing the statements of several professionals - psychologists, psychiatrists and medical experts, including prison doctors - who were examined in proceedings this week.

'Disinhibited' Behavior

Three defense witnesses, testify that Jeffries is cognitively impaired due to the lingering impact of a brain trauma, probable dementia and Alzheimer's disease.

They testified that Jeffries demonstrates socially inappropriate and socially inappropriate behavior, which is part of a set of dementia symptoms.

Examples include Jeffries referring to the prosecution's psychologist a insult, complimenting her hair, telling another expert his clothing was ill-fitting, and describing his partner Smith as a dwarf, the court heard.

He was also heard in minute detail on around 20 prison calls discussing his travel itinerary for the near future, even though having been on house arrest since 2024.

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

The prosecution contend this shows his recognition that he would be released if he was found incompetent and the charges were dropped.

Conversely, the defense's witnesses counter, saying it instead points to that Jeffries does not remember his conditions and the seriousness of the case.

"He lacked the appropriate affect that I would expect someone to have who is confronting such serious allegations," stated one expert who reviewed Jeffries.

"Rather, his manner throughout the examination... was similar to we were having lunch at his country club. There was no indication of distress."

Conflicting Neurological Assessments

Testimony indicated there is information that Jeffries' decline began in 2013, when tests showed mild atrophy, which was worsened by a accident in 2018.

Jeffries had been consuming alcohol at the moment of the 2018 fall and his medical records showed he continued drinking following being hospitalized, but an expert told the judge he did not think his general drinking had a major impact on his health.

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

Medical professionals from a Federal Medical Center stated that Jeffries was fit after observing him over four months in custody.

They say his mental faculties did not match Alzheimer's disease, which the court heard could not be definitively confirmed until an post-mortem could be performed.

"Even given the declines that Mr Jeffries has suffered... he still is sharper and more able cognitively than probably 95% of the patients that we test for competency," said one doctor.

Jeffries, dressed in a business attire in the court, was reported to be jovial and quite charismatic during meetings in prison, and was intentionally testing the limits, on occasion using disrespectful language.

They found Jeffries with mild neurocognitive deficits and indicated his results may have risen since 2023 from low or impaired to typical because of sobriety and more consistent treatment during his evaluation.

109 Prison Calls Raise Concerns

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