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Ex- A&F CEO Mike Jeffries was taped saying to his UK-based partner that they were in serious trouble and in big trouble if he was declared able to go to trial on human trafficking charges later this year, a New York federal court has learned.

The audio were included in in excess of 100 telephone conversations between the ex-fashion boss and Matthew Smith referred to during a four-day mental competency hearing this week on Long Island.

Jeffries' attorneys contend that he is coping with dementia and late onset of Alzheimer's and is not competent to face trial alongside his partner and their purported facilitator in October.

In contrast, the prosecution argue their doctors determined his health has improved and that the recordings demonstrate he is incredibly focused on being found incompetent.

In additional recordings, Jeffries says he is wishing for a favorable ruling, labeling being found fit as a catastrophe, and says to a physician: you had better find me incompetent, the judge was told.

Judicial Proceedings and Psychiatric Evidence

The recordings were taped the previous year while he was being treated for a period of months in a treatment center at a correctional institution in North Carolina to see if he could recover his faculties.

The elderly defendant had in the past been deemed legally unfit in May but facility staff then declared in December that he was able for proceedings after his evaluation.

Government attorneys informed the judge Jeffries frequently protested incarceration and was recorded explaining to Smith how horrible jail was, stating: which is why we have to succeed.

Background

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

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

Their being taken into custody came after an exposé that revealed the three had been at the heart of a elaborate network sourcing men for sex internationally while Jeffries was CEO of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will be tried after reviewing the evidence of several professionals - experts, psychiatrists and neurologists, including facility doctors - who were examined in court during the hearing.

'Unrestrained' Conduct

A trio of medical witnesses for the defense, testify that Jeffries is legally unfit due to the lingering impact of a brain trauma, probable Lewy body dementia and Alzheimer's disease.

They testified that Jeffries shows socially inappropriate and improper behaviour, which is symptomatic of a set of dementia symptoms.

Reported incidents involve Jeffries calling the prosecution's expert witness a cunning bitch, complimenting her hair, informing another expert his clothing was badly made, and describing his partner Smith as a dwarf, the court heard.

He was also recorded in great detail on around 20 prison calls talking about his trips abroad for the near future, 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 prison.

Prosecutors argue this shows his understanding that he would regain his freedom if he was ruled unfit and the charges were dropped.

In contrast, the defence's medical experts disagree, stating it instead points to that Jeffries has forgotten his conditions and the seriousness of the case.

"There wasn't the expected reaction that I would expect someone to have who is up against such serious allegations," stated one doctor who evaluated Jeffries.

"On the contrary, his demeanor throughout the evaluation... was similar to we were having a chat at his country club. There was no indication of anxiety."

Diverging Neurological Assessments

Evidence indicated there is data that Jeffries' decline started in 2013, when imaging showed reduction in volume, which was exacerbated by a fall in 2018.

Jeffries had been consuming alcohol at the time of the 2018 fall and his history showed he persisted in drinking subsequent to being hospitalised, but an expert told the judge he did not think his overall drinking had a significant effect on his state.

After the fall, Jeffries suffered a psychotic break, and began seeing things, with one incident in 2019 where he was discovered in his underwear, incapacitated, in a neighbor's yard.

Doctors from a treatment facility stated that Jeffries was competent after evaluating him over several months in the facility.

They assert his intellectual functioning did not align with Alzheimer's disease, which the court heard could not be absolutely determined until an post-mortem could be performed.

"Even given the reduction that Mr Jeffries has undergone... he still is more capable and more able intellectually than probably 95% of the individuals that we evaluate for fitness," said one expert.

Jeffries, wearing a business attire in the hearing, was described as cheerful and quite personable during meetings in the facility, and was intentionally pushing boundaries, at times using informal language.

They found Jeffries with slight deficits and suggested his results may have improved since 2023 from low or impaired to normal because of stopping drinking and better medication management during his stay.

109 Jail Recordings Raise Concerns

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