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One-time A&F CEO Mike Jeffries was heard on tape telling his associate that they are finished and in deep trouble if he was deemed competent to face trial on sex trafficking accusations later this year, a federal court in NY has learned.

The taped conversations were among in excess of 100 telephone conversations between the former retail executive and Matthew Smith referred to during a lengthy legal competency hearing recently on Long Island.

Jeffries' legal team contend that he is coping with cognitive decline and late onset of Alzheimer's disease and is not competent to face trial alongside his partner and their alleged middleman in October.

Nevertheless, government lawyers argue their health professionals concluded his condition has improved and that the conversations demonstrate he is incredibly fixated on being found unfit.

In other tapes, Jeffries is heard saying he is hoping for a favorable ruling, describing being ruled able as a calamity, and instructs a physician: you better declare me unfit, the Central Islip court learned.

Legal Process and Medical Opinions

The calls were taped last year while he was being evaluated for a period of months in a psychiatric facility at a US prison in North Carolina to determine if he could recover his faculties.

The octogenarian had earlier been ruled not competent previously but prison officials then announced in December that he was competent for trial after his hospital stay.

Government attorneys advised the court Jeffries often complained about incarceration and was heard describing to Smith how horrible jail was, stating: which is why we must succeed.

Context

Jeffries, his partner Smith, 62, and their accused intermediary James Jacobson, 73, were charged with operating a worldwide trafficking and commercial sex business in October 2024.

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

Their being taken into custody were prompted by an exposé that showed the three had been at the core of a elaborate operation scouting men for sex around the world 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 evidence of multiple specialists - experts, doctors and neurologists, including correctional physicians - who were cross-examined in court this week.

'Unrestrained' Conduct

A trio of defence experts, argue that Jeffries is legally unfit due to the after-effects of a head injury, likely dementia and Alzheimer's disease.

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

Reported incidents are Jeffries calling the prosecution's professional psychologist a derogatory term, remarking on her hair, informing another expert his clothing was poorly tailored, and describing his partner Smith as a midget, they say.

He was also heard in excruciating detail on around 20 prison calls discussing his trips abroad for the next few months, despite having been on restricted movement since 2024.

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

The prosecution suggest this shows his awareness that he would regain his freedom if he was declared incompetent and the charges were dropped.

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

"I didn't see the normal emotional response that I would anticipate someone to have who is confronting such grave charges," stated one expert who evaluated Jeffries.

"Instead, his behavior throughout the assessment... was as if we were having a meal at his country club. There was no indication of anxiety."

Opposing Medical Assessments

Testimony indicated there is data that Jeffries' mental decline began in 2013, when imaging showed mild atrophy, which was accelerated by a incident in 2018.

Jeffries had been intoxicated at the time of the 2018 event and his medical records showed he kept on drinking following being hospitalized, but an expert told the judge he did not think his typical intake had a major impact on his health.

Following the fall, Jeffries became psychotic, and started hallucinating, with one event in 2019 where he was found in his underclothes, incapacitated, in a nearby property.

Experts from a treatment facility testified that Jeffries was fit after assessing 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 conclusively diagnosed until an examination could be performed.

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

Jeffries, wearing a formal wear in the court, was described as cheerful and rather charismatic during interactions in prison, and was deliberately pushing boundaries, at times using familiar language.

They found Jeffries with slight 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 treatment during his stay.

109 Jail Recordings Raise Issues

Key to assessing fitness is whether Jeffries comprehends the allegations against him, their penalties, the {legal proceedings|court process|trial