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One-time Abercrombie & Fitch top executive Mike Jeffries was taped informing his associate how they'd be screwed and in big trouble if he was found fit to face trial on human trafficking accusations in the coming months, a New York federal court has heard.

The taped conversations were among over 100 telephone conversations between the one-time CEO and Matthew Smith played during a four-day mental competency hearing recently on Long Island.

Jeffries' lawyers argue that he is coping with cognitive decline and late onset of Alzheimer's and is incapable to stand trial alongside his partner and their accused facilitator in October.

Nevertheless, prosecutors say their doctors found his mental state has gotten better and that the recordings reveal he is incredibly focused on being found not competent.

In other tapes, Jeffries states he is wishing for a good outcome, labeling being ruled able as a calamity, and instructs a medical professional: you must rule me incompetent, the judge was told.

Court Process and Psychiatric Testimony

The conversations were made last year while he was being treated for several months in a psychiatric facility at a US prison in North Carolina to see if he could restore competency.

The elderly defendant had previously been found mentally incompetent previously but facility staff then declared in December that he was fit for trial after his treatment period.

The prosecution advised the judge Jeffries frequently griped about life in jail and was heard telling to Smith how horrible incarceration was, remarking: which is why we have to pull this off.

Background

Jeffries, his partner Smith, 62, and their purported go-between James Jacobson, 73, were accused with operating a international trafficking and prostitution operation in October 2024.

They have pleaded not guilty the charges, which could result in a potential penalty of life imprisonment.

Their arrests followed an investigation that uncovered the trio had been at the core of a elaborate network scouting individuals for sex internationally while Jeffries was chief executive of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will face trial after weighing the statements of six experts - forensic psychologists, doctors and neurologists, including prison doctors - who were cross-examined in the courtroom during the hearing.

'Unrestrained' Behavior

Three defense witnesses, maintain that Jeffries is legally unfit due to the residual effects of a head injury, suspected a form of dementia and Alzheimer's disease.

They stated that Jeffries shows disinhibited and off-color conduct, which is consistent with a set of symptoms.

Examples are Jeffries referring to the prosecutor's expert witness a derogatory term, remarking on her hair, informing another expert his clothing was ill-fitting, and referring to his partner Smith as a dwarf, the court heard.

He was also recorded in excruciating detail on around 20 jail conversations planning his international travel plans for the next few months, despite having been on house arrest since 2024.

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

Prosecutors contend this indicates his recognition that he would be released if he was ruled unfit and the case were dropped.

Conversely, the defence's medical experts counter, saying it instead highlights that Jeffries does not remember his legal restrictions and the severity of the situation.

"There wasn't the appropriate reaction that I would anticipate someone to have who is confronting such serious allegations," stated one forensic psychiatrist who assessed Jeffries.

"On the contrary, his manner during the examination... was almost like we were having a chat at his club. There was no sense of anxiety."

Opposing Psychiatric Diagnoses

Reports indicated there is evidence that Jeffries' decline started in 2013, when tests showed brain shrinkage, which was worsened by a accident in 2018.

Jeffries had been intoxicated at the time of the 2018 incident and his medical records showed he persisted in drinking following being hospitalized, but an expert told the judge he did not think his overall alcohol consumption had a decisive influence on his health.

Following the fall, Jeffries suffered a psychotic break, and began hallucinating, with one episode in 2019 where he was found in his underwear, unable to move, in a neighbor's yard.

Experts from a prison hospital said that Jeffries was able after assessing him over an extended period in custody.

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

"Even given the deterioration that Mr Jeffries has suffered... he still is sharper and more functioning cognitively than probably 95% of the individuals that we test for competency," stated one neuropsychologist.

Jeffries, dressed in a suit and tie in the court, was described as cheerful and fairly charismatic during meetings in prison, and was deliberately pushing boundaries, at times using disrespectful address.

They found Jeffries with minor cognitive impairments and said his performance on tests may have improved since 2023 from borderline or impaired to typical because of sobriety and more consistent medication management during his evaluation.

109 Jail Recordings Prompt Questions

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