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Ex- Abercrombie & Fitch top executive Mike Jeffries was heard on tape saying to his British partner how they are finished and in grave danger if he was deemed fit to stand trial on human trafficking accusations in the coming months, a New York federal court has heard.

The recordings were among over 100 recorded calls between the one-time CEO and Matthew Smith played during a four-day fitness to stand trial proceeding on Long Island on Long Island.

Jeffries' attorneys assert that he is coping with cognitive decline and the onset of Alzheimer's disease and is incapable to be tried together with his partner and their purported middleman in October.

Nevertheless, the prosecution contend their health professionals concluded his mental state has gotten better and that the calls demonstrate he is extremely focused on being declared not competent.

In further tapes, Jeffries says he is wishing for a positive result, describing being deemed competent as a catastrophe, and tells a doctor: you had better rule me incompetent, the court learned.

Judicial Process and Health Testimony

The calls were taped the previous year while he was being evaluated for four months in a treatment center at a federal prison in North Carolina to assess if he could restore competency.

The elderly defendant had previously been found not competent previously but facility staff then announced in December that he was fit for trial following his evaluation.

The prosecution advised the judge Jeffries often protested incarceration and was caught on tape explaining to Smith how awful jail was, adding: which is why we have to make this work.

Background

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

They have denied the charges, which carry a maximum sentence of a life term.

Their arrests were prompted by an report that revealed the three had been at the core of a sophisticated scheme recruiting young men for sex globally while Jeffries was CEO of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will face trial after weighing the evidence of six experts - experts, specialists and brain specialists, including prison doctors - who were cross-examined in court this week.

'Unrestrained' Conduct

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

They testified that Jeffries demonstrates unfiltered and improper conduct, which is symptomatic of a range of symptoms.

Instances involve Jeffries calling the prosecutor's psychologist a insult, praising her hair, telling another expert his clothing was poorly tailored, and referring to his partner Smith as a derogatory term, the court heard.

He was also taped in minute detail on approximately 20 prison calls discussing his travel itinerary for the coming months, despite having been on restricted movement since 2024.

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

The prosecution argue this demonstrates his understanding that he would regain his freedom if he was declared incompetent and the case were dropped.

Conversely, the defense's expert witnesses have a different view, stating it instead highlights that Jeffries has forgotten his legal restrictions and the seriousness of the situation.

"There wasn't the normal affect that I would anticipate someone to have who is confronting such serious allegations," testified one expert who assessed Jeffries.

"Instead, his behavior throughout the examination... was similar to we were having a meal at his country club. There was no indication of anxiety."

Opposing Neurological Opinions

Reports indicated there is evidence that Jeffries' decline started in 2013, when scans showed reduction in volume, which was accelerated by a fall in 2018.

Jeffries had been consuming alcohol at the time of the 2018 fall and his history showed he kept on drinking following being hospitalized, but an expert told the judge he did not think his overall intake had a significant effect on his state.

After the fall, Jeffries became psychotic, and began having visions, with one episode in 2019 where he was found in his underwear, incapacitated, in a neighbour's garden.

Medical professionals from a treatment facility testified that Jeffries was fit after assessing him over several months in custody.

They contend his mental faculties did not match Alzheimer's disease, which the court heard could not be conclusively diagnosed until an examination could be performed.

"Even given the deterioration that Mr Jeffries has experienced... he still is sharper and more functioning intellectually than probably 95% of the patients that we assess for fitness," testified one expert.

Jeffries, wearing a formal wear in the courtroom, was described as cheerful and quite engaging during evaluations in prison, and was purposely being provocative, on occasion using disrespectful terms.

They assessed Jeffries with slight deficits and suggested his testing scores may have improved since 2023 from borderline or deficient to average because of stopping drinking and improved medication management during his evaluation.

109 Recorded Conversations Present Concerns

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