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Former Abercrombie & Fitch chief executive Mike Jeffries was heard on tape informing his British partner how they are finished and in deep trouble if he was found fit to face trial on sex trafficking accusations in the coming months, a federal court in NY has learned.

The audio were part of over 100 telephone conversations between the former retail executive and Matthew Smith referred to during a multi-day fitness to stand trial hearing this week on Long Island.

Jeffries' legal team argue that he is battling cognitive decline and the onset of the disease and is incapable to stand trial alongside his partner and their accused facilitator in October.

Nevertheless, the prosecution contend their health professionals found his condition has gotten better and that the conversations show he is extremely fixated on being found unfit.

In further audio clips, Jeffries states he is hoping for a good outcome, labeling being ruled able as a calamity, and tells a doctor: you better declare me incompetent, the Central Islip court learned.

Court Proceedings and Health Opinions

The conversations were taped the previous year while he was being treated for a period of months in a mental health unit at a US prison in North Carolina to determine if he could regain his faculties.

The octogenarian had in the past been deemed legally unfit previously but prison officials then declared in December that he was competent for proceedings following his evaluation.

Prosecutors informed the judge Jeffries repeatedly protested life in jail and was heard explaining to Smith how awful jail was, adding: so we got to make this work.

Context

Jeffries, his partner Smith, 62, and their alleged middleman James Jacobson, 73, were indicted with running a global human trafficking and prostitution operation in October 2024.

They have entered not guilty pleas the charges, which carry a maximum sentence of life in prison.

Their detentions came after an exposé that uncovered the group had been at the core of a elaborate operation recruiting individuals for sex around the world while Jeffries was CEO of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will stand trial after reviewing the statements of several professionals - psychologists, doctors and medical experts, including correctional physicians - who were cross-examined in proceedings during the hearing.

'Inappropriate' Behaviour

Several medical witnesses for the defense, argue that Jeffries is mentally incompetent due to the after-effects of a head injury, suspected a form of dementia and Alzheimer's disease.

They said under oath that Jeffries exhibits socially inappropriate and off-color conduct, which is part of a spectrum of cognitive symptoms.

Instances are Jeffries calling the prosecution's professional psychologist a cunning bitch, complimenting her hair, telling another expert his clothing was ill-fitting, and referring to his partner Smith as a derogatory term, the court heard.

He was also heard in great detail on around 20 jail conversations discussing his trips abroad for the next few months, notwithstanding having been on house arrest since 2024.

"I don't want to go on trips without you," Jeffries was heard saying to Smith from incarceration.

Prosecutors contend this demonstrates his recognition that he would be released if he was found incompetent and the charges were dropped.

In contrast, the defence's expert witnesses disagree, arguing it instead underscores that Jeffries fails to recall his conditions and the seriousness of the situation.

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

"Instead, his behavior throughout the examination... was almost like we were having lunch at his club. There was no indication of alarm."

Diverging Neurological Assessments

Evidence indicated there is data that Jeffries' mental decline commenced in 2013, when scans showed brain shrinkage, which was accelerated by a incident in 2018.

Jeffries had been intoxicated at the moment of the 2018 fall and his medical records showed he continued drinking after being treated, but an expert told the judge he did not think his typical alcohol consumption had a decisive influence on his health.

In the wake of the fall, Jeffries became psychotic, and began having visions, with one incident in 2019 where he was found in his underwear, immobile, in a neighbor's yard.

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

They assert his cognitive abilities were not consistent with Alzheimer's disease, which the court heard could not be absolutely determined until an examination could be performed.

"Even given the reduction that Mr Jeffries has experienced... he still is more capable and more functioning cognitively than probably 95% of the patients that we assess for competency," stated one doctor.

Jeffries, dressed in a formal wear in the court, was reported to be jovial and fairly charismatic during meetings in the facility, and was deliberately testing the limits, on occasion using disrespectful language.

They diagnosed Jeffries with slight deficits and suggested his testing scores may have gotten better since 2023 from borderline or deficient to normal because of stopping drinking and more consistent treatment during his confinement.

109 Prison Calls Prompt Concerns

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