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Ex- Abercrombie & Fitch CEO Mike Jeffries was taped telling his UK-based partner that they were in serious trouble 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 audio were part of more than 100 telephone conversations between the former retail executive and Matthew Smith cited during a four-day mental competency session on Long Island on Long Island.

Jeffries' lawyers contend that he is suffering with cognitive decline and late onset of Alzheimer's and is incapable to stand trial next to his partner and their alleged facilitator in October.

Nevertheless, prosecutors argue their health professionals found his health has stabilized and that the recordings demonstrate he is extremely focused on being declared unfit.

In further tapes, Jeffries says he is praying for a good outcome, characterizing being found fit as a disaster, and instructs a physician: you must find me incompetent, the Central Islip court heard.

Court Proceedings and Health Opinions

The conversations were recorded the previous year while he was being treated for several months in a psychiatric facility at a correctional institution in North Carolina to assess if he could regain competency.

The elderly defendant had in the past been deemed legally unfit last May but prison officials then stated in December that he was able for proceedings following his treatment period.

Prosecutors informed the judge Jeffries frequently complained about life in jail and was recorded telling to Smith how awful prison was, stating: that's why we got to make this work.

The Case

Jeffries, his partner Smith, 62, and their purported intermediary James Jacobson, 73, were charged with orchestrating a worldwide human trafficking and prostitution operation in October 2024.

They have denied the allegations, which have a potential penalty of life imprisonment.

Their arrests were prompted by an investigation that uncovered the trio had been at the heart of a sophisticated scheme scouting individuals for sex internationally while Jeffries was the head of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will stand trial after considering the evidence of multiple specialists - forensic psychologists, specialists and brain specialists, including facility doctors - who were questioned in court during the hearing.

'Disinhibited' Conduct

Several defence experts, argue that Jeffries is legally unfit due to the lingering impact of a traumatic brain injury, suspected dementia and Alzheimer's disease.

They said under oath that Jeffries exhibits unfiltered and socially inappropriate behaviour, which is part of a spectrum of dementia symptoms.

Examples include Jeffries referring to the prosecutor's professional psychologist a derogatory term, complimenting her hair, telling another expert his clothing was badly made, and describing his partner Smith as a dwarf, the court heard.

He was also taped in great detail on about 20 jail conversations planning his trips abroad for the near future, despite having been on restricted movement since 2024.

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

The prosecution contend this indicates his understanding that he would regain his freedom if he was ruled unfit and the case were dropped.

Conversely, the defence's expert witnesses disagree, arguing it instead highlights that Jeffries has forgotten his conditions and the gravity of the situation.

"I didn't see the normal emotional response that I would anticipate someone to have who is up against such serious charges," stated one doctor who evaluated Jeffries.

"Instead, his manner throughout the assessment... was as if we were having a chat at his country club. There was no sense of anxiety."

Opposing Neurological Assessments

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

Jeffries had been consuming alcohol at the time of the 2018 incident and his records showed he persisted in drinking subsequent to being hospitalized, but an expert told the judge he did not think his general drinking had a major impact on his state.

Following the fall, Jeffries suffered a psychotic break, and began hallucinating, with one episode in 2019 where he was discovered in his underclothes, immobile, in a neighbor's yard.

Medical professionals from a Federal Medical Center said that Jeffries was able after evaluating him over an extended period in prison.

They say his mental faculties were not consistent with Alzheimer's disease, which the court heard could not be conclusively diagnosed until an autopsy could be performed.

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

Jeffries, wearing a business attire in the courtroom, was reported to be lighthearted and quite engaging during interactions in the facility, and was deliberately testing the limits, on occasion using informal terms.

They found Jeffries with slight deficits and said his testing scores may have improved since 2023 from borderline or impaired to normal because of abstinence from alcohol and improved medication management during his evaluation.

109 Recorded Conversations Raise Concerns

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