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Former Abercrombie & Fitch CEO Mike Jeffries was recorded saying to his associate how they were in serious trouble and in grave danger if he was declared competent to go to trial on human trafficking allegations in the coming months, a New York federal court has heard.

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

Jeffries' attorneys contend that he is battling cognitive decline and late onset of Alzheimer's disease and is unfit to face trial together with his partner and their alleged intermediary in October.

However, prosecutors say their health professionals found his health has stabilized and that the conversations show he is remarkably preoccupied on being declared not competent.

In additional tapes, Jeffries is heard saying he is wishing for a good outcome, describing being deemed competent as a disaster, and instructs a doctor: you had better declare me incompetent, the court learned.

Court Hearings and Health Evidence

The recordings were made last year while he was being evaluated for several months in a mental health unit at a US prison in North Carolina to determine if he could recover competency.

The 81-year-old had earlier been ruled mentally incompetent in May but prison officials then stated in December that he was competent for trial subsequent to his hospital stay.

Government attorneys told the court Jeffries frequently griped about prison conditions and was caught on tape telling to Smith how awful incarceration was, adding: so we must make this work.

Context

Jeffries, his partner Smith, 62, and their alleged go-between James Jacobson, 73, were indicted with orchestrating a global sex trafficking and commercial sex operation in October 2024.

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

Their detentions followed an investigation that revealed the group had been at the core of a elaborate operation recruiting young men for sex internationally while Jeffries was chief executive of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will rule in May about whether Jeffries will stand trial after considering the statements of multiple specialists - forensic psychologists, psychiatrists and brain specialists, including prison doctors - who were questioned in proceedings during the hearing.

'Unrestrained' Behaviour

A trio of defence experts, argue that Jeffries is mentally incompetent due to the residual effects of a head injury, probable a form of dementia and Alzheimer's disease.

They testified that Jeffries shows disinhibited and improper conduct, which is part of a spectrum of dementia symptoms.

Instances involve Jeffries referring to the prosecutor's professional psychologist a insult, remarking on her hair, informing another expert his clothing was badly made, and describing his partner Smith as a midget, according to testimony.

He was also taped in excruciating detail on approximately 20 jail conversations planning his international travel plans for the coming months, despite having been on restricted movement since 2024.

"I can't go on trips without you," Jeffries was heard telling Smith from incarceration.

Prosecutors suggest this indicates his understanding that he would regain his freedom if he was found incompetent and the case were dismissed.

However, the defence's witnesses have a different view, arguing it instead highlights that Jeffries has forgotten his court-ordered limits and the seriousness of the case.

"I didn't see the normal reaction that I would anticipate someone to have who is up against such severe allegations," said one forensic psychiatrist who evaluated Jeffries.

"Instead, his demeanor throughout the assessment... was similar to we were having lunch at his country club. There was no sense of alarm."

Opposing Neurological Opinions

Reports indicated there is information that Jeffries' decline began in 2013, when imaging showed brain shrinkage, which was worsened by a incident in 2018.

Jeffries had been intoxicated at the moment of the 2018 fall and his records showed he kept on drinking following being hospitalized, but an expert told the judge he did not think his typical alcohol consumption had a significant effect on his state.

After the fall, Jeffries suffered a psychotic break, and started having visions, with one event in 2019 where he was located in his underwear, incapacitated, in a neighbor's yard.

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

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

"Even given the reduction that Mr Jeffries has undergone... he still is brighter and more capable intellectually than probably 95% of the individuals that we test for competency," testified one expert.

Jeffries, wearing a business attire in the hearing, was reported to be lighthearted and rather personable during interactions in prison, and was intentionally being provocative, sometimes using familiar language.

They diagnosed Jeffries with slight deficits and said his results may have improved since 2023 from borderline or impaired to typical because of sobriety and better medication management during his stay.

109 Jail Recordings Present Issues

Key to assessing fitness is whether Jeffries understands the charges against him, their penalties, the {legal proceedings|court process|trial