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One-time A&F CEO Mike Jeffries was heard on tape telling his associate how they'd be screwed and in deep trouble if he was declared able to stand trial on human trafficking accusations in the coming months, a US district court has learned.

The recordings were included in more than 100 recorded calls between the former retail executive and Matthew Smith played during a lengthy legal competency proceeding this week on Long Island.

Jeffries' lawyers contend that he is coping with cognitive decline and the onset of Alzheimer's and is incapable to face trial together with his partner and their purported intermediary in October.

However, the prosecution contend their health professionals determined his mental state has improved and that the recordings show he is incredibly fixated on being found unfit.

In other recordings, Jeffries is heard saying he is wishing for a favorable ruling, describing being deemed competent as a disaster, and instructs a medical professional: you had better declare me unfit, the judge heard.

Judicial Process and Medical Opinions

The calls were taped the previous year while he was being held for several months in a treatment center at a federal prison in North Carolina to assess if he could regain his faculties.

The elderly defendant had previously been found mentally incompetent previously but correctional authorities then declared in December that he was able for proceedings following his treatment period.

The prosecution told the judge Jeffries often protested prison conditions and was recorded describing to Smith how terrible incarceration was, adding: which is why we got to pull this off.

Background

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

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

Their arrests followed an report that uncovered the group had been at the heart of a complex network recruiting individuals for sex globally while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will stand trial after weighing the statements of multiple specialists - forensic psychologists, specialists and brain specialists, including correctional physicians - who were cross-examined in the courtroom this week.

'Disinhibited' Behaviour

Three defence experts, testify that Jeffries is cognitively impaired due to the after-effects of a brain trauma, probable dementia and Alzheimer's disease.

They said under oath that Jeffries shows disinhibited and off-color conduct, which is consistent with a spectrum of symptoms.

Examples are Jeffries referring to the prosecution's professional psychologist a derogatory term, remarking on her hair, informing another expert his clothing was poorly tailored, and describing his partner Smith as a midget, according to testimony.

He was also taped in minute detail on approximately 20 jail conversations discussing his travel itinerary for the next few months, even though having been on house arrest since 2024.

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

Prosecutors argue this indicates his recognition that he would regain his freedom if he was ruled incompetent and the indictment were dropped.

Conversely, the defense's witnesses disagree, arguing it instead highlights that Jeffries does not remember his conditions and the severity of the charges.

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

"Instead, his demeanor during the assessment... was almost like we were having lunch at his home. There was no sign of alarm."

Opposing Medical Opinions

Evidence indicated there is evidence that Jeffries' mental decline began in 2013, when scans showed brain shrinkage, which was worsened by a accident in 2018.

Jeffries had been consuming alcohol at the moment of the 2018 event and his medical records showed he kept on drinking subsequent to being treated, but an expert told the judge he did not think his overall alcohol consumption had a major impact on his health.

After the fall, Jeffries suffered a psychotic break, and began seeing things, with one incident in 2019 where he was discovered in his underclothes, unable to move, in a neighbour's garden.

Experts from a Federal Medical Center said that Jeffries was competent after evaluating him over several months in prison.

They contend 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 declines that Mr Jeffries has undergone... he still is sharper and more capable mentally than probably 95% of the inmates that we evaluate for competency," said one doctor.

Jeffries, wearing a suit and tie in the court, was reported to be lighthearted and fairly engaging during interactions in the facility, and was purposely pushing boundaries, sometimes using disrespectful language.

They diagnosed Jeffries with minor cognitive impairments and indicated his testing scores may have improved since 2023 from low or impaired to normal because of abstinence from alcohol and improved medication management during his evaluation.

109 Recorded Conversations Present Concerns

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