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One-time A&F chief executive Mike Jeffries was recorded informing his associate how they'd be finished and in deep trouble if he was declared fit to face trial on human trafficking charges this autumn, a New York federal court has been told.

The recordings were among over 100 telephone conversations between the one-time CEO and Matthew Smith referred to during a multi-day fitness to stand trial hearing recently on Long Island.

Jeffries' attorneys contend that he is battling cognitive decline and late onset of the disease and is incapable to be tried together with his partner and their accused facilitator in October.

However, prosecutors argue their doctors found his health has gotten better and that the recordings demonstrate he is remarkably fixated on being found not competent.

In other audio clips, Jeffries says he is wishing for a good outcome, labeling being deemed competent as a catastrophe, and instructs a doctor: you must find me incompetent, the judge learned.

Legal Proceedings and Psychiatric Testimony

The calls were recorded last year while he was being treated for four months in a treatment center at a federal prison in North Carolina to see if he could regain fitness.

The elderly defendant had previously been found mentally incompetent last May but facility staff then announced in December that he was competent for proceedings after his evaluation.

Government attorneys advised the court Jeffries repeatedly protested incarceration and was heard describing to Smith how horrible jail was, remarking: which is why we must succeed.

Background

Jeffries, his partner Smith, 62, and their alleged intermediary James Jacobson, 73, were accused with running a global sex trafficking and commercial sex operation in October 2024.

They have entered not guilty pleas the charges, which carry a potential penalty of life imprisonment.

Their being taken into custody followed an report that uncovered the trio had been at the core of a elaborate operation recruiting men for sex internationally while Jeffries was CEO of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will decide in May about whether Jeffries will be tried after weighing the statements of six experts - forensic psychologists, psychiatrists and medical experts, including prison doctors - who were questioned in court recently.

'Disinhibited' Behavior

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

They testified that Jeffries demonstrates disinhibited and off-color behavior, which is symptomatic of a spectrum of cognitive symptoms.

Instances involve Jeffries referring to the prosecution's psychologist a derogatory term, praising her hair, informing another expert his clothing was poorly tailored, and describing his partner Smith as a dwarf, they say.

He was also taped in great detail on around 20 prison calls talking about his international travel plans for the near future, even though having been on home confinement since 2024.

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

Prosecutors argue this demonstrates his awareness that he would be released if he was declared incompetent and the indictment were dropped.

However, the defense's medical experts have a different view, saying it instead points to that Jeffries has forgotten his court-ordered limits and the seriousness of the case.

"He lacked the normal emotional response that I would anticipate someone to have who is facing such serious allegations," said one forensic psychiatrist who assessed Jeffries.

"Rather, his demeanor during the examination... was as if we were having lunch at his club. There was no sign of alarm."

Opposing Psychiatric Assessments

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

Jeffries had been consuming alcohol at the time of the 2018 event and his records showed he kept on drinking subsequent to being hospitalised, but an expert told the judge he did not think his overall drinking had a significant effect on his health.

In the wake of the fall, Jeffries became psychotic, and began hallucinating, with one incident in 2019 where he was located in his underwear, unable to move, in a neighbor's yard.

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

They contend his cognitive abilities did not align with Alzheimer's disease, which the court heard could not be definitively confirmed until an post-mortem could be performed.

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

Jeffries, wearing a formal wear in the court, was reported to be jovial and quite charismatic during evaluations in the facility, and was intentionally pushing boundaries, on occasion using familiar address.

They assessed Jeffries with minor cognitive impairments and suggested his results may have improved since 2023 from borderline or deficient to average because of sobriety and improved medication management during his stay.

109 Jail Recordings Present Questions

Fundamental to determining fitness is whether Jeffries understands the allegations against him, their penalties, the {legal proceedings|court process|trial