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Former Abercrombie & Fitch CEO Mike Jeffries was taped telling his associate that they are finished and in deep trouble if he was deemed competent to stand trial on trafficking accusations this autumn, a New York federal court has heard.

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

Jeffries' attorneys contend that he is battling cognitive decline and the onset of the disease and is unfit to be tried alongside his partner and their accused intermediary in October.

However, government lawyers say their doctors determined his health has gotten better and that the calls demonstrate he is extremely fixated on being ruled not competent.

In further audio clips, Jeffries says he is wishing for a favorable ruling, labeling being ruled able as a calamity, and instructs a physician: you had better rule me incompetent, the judge learned.

Judicial Process and Psychiatric Evidence

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 see if he could recover his faculties.

The 81-year-old had previously been found legally unfit in May but prison officials then declared in December that he was fit for trial following his evaluation.

The prosecution told the judge Jeffries frequently complained about life in jail and was heard explaining to Smith how horrible prison was, remarking: which is why we got to make this work.

Context

Jeffries, his partner Smith, 62, and their purported go-between James Jacobson, 73, were indicted with orchestrating a worldwide trafficking and prostitution business in October 2024.

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

Their being taken into custody followed an exposé that showed the three had been at the core of a elaborate operation scouting men for sex globally while Jeffries was chief executive of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will decide in May about whether Jeffries will stand trial after considering the testimony of multiple specialists - experts, doctors and neurologists, including prison doctors - who were examined in the courtroom recently.

'Inappropriate' Behavior

Three defense witnesses, argue that Jeffries is mentally incompetent due to the after-effects of a head injury, probable a form of dementia and Alzheimer's disease.

They stated that Jeffries demonstrates unfiltered and socially inappropriate conduct, which is symptomatic of a spectrum of cognitive symptoms.

Reported incidents involve Jeffries calling the prosecutor's professional psychologist a cunning bitch, remarking on her hair, telling another expert his clothing was poorly tailored, and referring to his partner Smith as a derogatory term, they say.

He was also taped in minute detail on around 20 recorded calls talking about his international travel plans for the coming months, despite having been on home confinement since 2024.

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

Prosecutors argue this shows his understanding that he would be released if he was found incompetent and the case were dismissed.

Conversely, the defence's expert witnesses counter, stating it instead points to that Jeffries has forgotten his conditions and the severity of the charges.

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

"On the contrary, his behavior throughout the assessment... was similar to we were having lunch at his club. There was no indication of distress."

Diverging Psychiatric Opinions

Evidence indicated there is information that Jeffries' mental decline started in 2013, when imaging showed brain shrinkage, which was exacerbated by a accident in 2018.

Jeffries had been drinking alcohol at the time of the 2018 incident and his history showed he persisted in drinking following being hospitalised, but an expert told the judge he did not think his overall drinking had a significant effect on his condition.

After the fall, Jeffries experienced psychosis, and began seeing things, with one event in 2019 where he was found in his underclothes, unable to move, in a nearby property.

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

They contend his mental faculties were not consistent with Alzheimer's disease, which the court heard could not be conclusively diagnosed until an examination could be performed.

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

Jeffries, dressed in a suit and tie in the hearing, was reported to be cheerful and quite charismatic during meetings in the facility, and was purposely pushing boundaries, on occasion using informal terms.

They assessed Jeffries with minor cognitive impairments and suggested his performance on tests may have gotten better since 2023 from low or deficient to average because of stopping drinking and better medication management during his evaluation.

109 Recorded Conversations Prompt Issues

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