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One-time Abercrombie & Fitch top executive Mike Jeffries was taped saying to his British partner how they are screwed and in big trouble if he was declared competent to face trial on human trafficking allegations this autumn, a federal court in NY has been told.

The taped conversations were part of in excess of 100 telephone conversations between the ex-fashion boss and Matthew Smith referred to during a lengthy legal competency session on Long Island on Long Island.

Jeffries' legal team argue that he is coping with dementia and late onset of Alzheimer's and is not competent to stand trial next to his partner and their accused middleman in October.

However, the prosecution say their medical experts determined his health has improved and that the conversations reveal he is incredibly focused on being declared not competent.

In other tapes, Jeffries states he is praying for a favorable ruling, characterizing being found fit as a calamity, and tells a doctor: you had better find me incompetent, the court was told.

Legal Process and Medical Evidence

The calls were taped the previous year while he was being held for a period of months in a mental health unit at a federal prison in North Carolina to assess if he could recover competency.

The octogenarian had in the past been deemed mentally incompetent last May but facility staff then stated in December that he was competent for trial subsequent to his treatment period.

Prosecutors informed the judge Jeffries frequently griped about life in jail and was recorded explaining to Smith how awful jail was, adding: that's why we got to succeed.

Background

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

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

Their detentions came after an exposé that revealed the trio had been at the heart of a sophisticated network recruiting young men for sex globally while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will rule in May about whether Jeffries will stand trial after weighing the statements of six experts - psychologists, psychiatrists and medical experts, including correctional physicians - who were cross-examined in the courtroom during the hearing.

'Disinhibited' Behaviour

A trio of defense witnesses, testify that Jeffries is legally unfit due to the residual effects of a traumatic brain injury, likely a form of dementia and Alzheimer's disease.

They stated that Jeffries shows unfiltered and off-color conduct, which is symptomatic of a spectrum of symptoms.

Examples include Jeffries referring to the prosecutor's professional psychologist a insult, praising her hair, telling another expert his clothing was badly made, and referring to his partner Smith as a dwarf, the court heard.

He was also heard in minute detail on approximately 20 jail conversations talking about his trips abroad for the next few months, notwithstanding having been on house arrest since 2024.

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

Prosecutors contend this shows his understanding that he would go free if he was found unfit and the indictment were dropped.

Conversely, the defence's expert witnesses counter, arguing it instead highlights that Jeffries fails to recall his legal restrictions and the gravity of the situation.

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

"Rather, his demeanor during the evaluation... was almost like we were having lunch at his country club. There was no sign of alarm."

Conflicting Medical Assessments

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

Jeffries had been consuming alcohol at the moment of the 2018 event and his records showed he kept on drinking after being hospitalized, but an expert told the judge he did not think his typical alcohol consumption had a major impact on his condition.

In the wake of the fall, Jeffries suffered a psychotic break, and started hallucinating, with one event in 2019 where he was discovered in his underclothes, incapacitated, in a nearby property.

Experts from a treatment facility stated that Jeffries was competent after evaluating him over several months in custody.

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

"Even given the declines that Mr Jeffries has suffered... he still is sharper and more able mentally than probably 95% of the patients that we assess for competency," stated one expert.

Jeffries, dressed in a suit and tie in the hearing, was described as cheerful and rather personable during meetings in prison, and was deliberately pushing boundaries, sometimes using familiar address.

They found Jeffries with mild neurocognitive deficits and said his testing scores may have risen since 2023 from low or deficient to average because of sobriety and improved management of prescriptions during his evaluation.

109 Recorded Conversations Present Issues

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