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One-time Abercrombie & Fitch top executive Mike Jeffries was taped informing his UK-based partner how they are in serious trouble and in deep trouble if he was found fit to face trial on human trafficking allegations later this year, a US district court has been told.

The taped conversations were part of more than 100 recorded calls between the former retail executive and Matthew Smith played during a multi-day mental competency proceeding recently on Long Island.

Jeffries' legal team argue that he is coping with cognitive decline and the onset of the disease and is incapable to stand trial together with his partner and their purported middleman in October.

In contrast, the prosecution say their health professionals concluded his health has gotten better and that the recordings demonstrate he is incredibly focused on being declared incompetent.

In further recordings, Jeffries says he is praying for a positive result, characterizing being ruled able as a catastrophe, and tells a physician: you better find me unfit, the Central Islip court was told.

Judicial Process and Psychiatric Opinions

The conversations were made the previous year while he was being evaluated for four months in a psychiatric facility at a federal prison in North Carolina to assess if he could restore fitness.

The octogenarian had earlier been ruled mentally incompetent previously but facility staff then stated in December that he was fit for trial following his evaluation.

The prosecution told the court Jeffries repeatedly complained about incarceration and was caught on tape explaining to Smith how awful jail was, stating: so we must pull this off.

Background

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

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

Their arrests came after an investigation that revealed the three had been at the heart of a complex scheme sourcing individuals for sex globally while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will make a determination in May about whether Jeffries will stand trial after reviewing the statements of multiple specialists - forensic psychologists, psychiatrists and brain specialists, including prison doctors - who were questioned in the courtroom during the hearing.

'Inappropriate' Conduct

Three medical witnesses for the defense, testify that Jeffries is mentally incompetent due to the lingering impact of a brain trauma, probable Lewy body dementia and Alzheimer's disease.

They said under oath that Jeffries exhibits disinhibited and improper behavior, which is symptomatic of a set of dementia symptoms.

Instances are Jeffries referring to the prosecutor's expert witness a cunning bitch, complimenting her hair, informing another expert his clothing was poorly tailored, and describing his partner Smith as a midget, the court heard.

He was also heard in minute detail on approximately 20 recorded calls discussing his trips abroad for the near future, even though having been on restricted movement since 2024.

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

Prosecutors suggest this indicates his understanding that he would go free if he was ruled incompetent and the case were dropped.

However, the defense's medical experts have a different view, saying it instead underscores that Jeffries fails to recall his conditions and the severity of the charges.

"I didn't see the appropriate emotional response that I would anticipate someone to have who is facing such serious charges," stated one forensic psychiatrist who reviewed Jeffries.

"Rather, his demeanor during the examination... was almost like we were having a chat at his club. There was no indication of anxiety."

Diverging Neurological Diagnoses

Evidence indicated there is information that Jeffries' cognitive deterioration began in 2013, when tests showed reduction in volume, which was exacerbated by a fall in 2018.

Jeffries had been intoxicated at the time of the 2018 incident and his medical records showed he continued drinking following being hospitalized, but an expert told the judge he did not think his overall alcohol consumption had a significant effect on his condition.

In the wake of the fall, Jeffries experienced psychosis, and began having visions, with one event in 2019 where he was located in his underclothes, unable to move, in a nearby property.

Medical professionals from a prison hospital said that Jeffries was competent after assessing him over four months in custody.

They contend his cognitive abilities were not consistent with Alzheimer's disease, which the court heard could not be definitively confirmed until an autopsy could be performed.

"Even given the declines that Mr Jeffries has suffered... he still is brighter and more capable mentally than probably 95% of the inmates that we evaluate for competency," testified one doctor.

Jeffries, wearing a suit and tie in the court, was described as lighthearted and fairly charismatic during meetings in the facility, and was purposely pushing boundaries, at times using familiar terms.

They found Jeffries with minor cognitive impairments and suggested his testing scores may have improved since 2023 from borderline or deficient to average because of stopping drinking and improved treatment during his confinement.

109 Jail Recordings Present Concerns

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