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Ex- Abercrombie & Fitch top executive Mike Jeffries was recorded informing his British partner how they are screwed and in big trouble if he was found fit to stand trial on trafficking accusations in the coming months, a New York federal court has heard.

The recordings were part of more than 100 recorded calls between the one-time CEO and Matthew Smith cited during a multi-day mental competency proceeding on Long Island on Long Island.

Jeffries' legal team contend that he is suffering with cognitive decline and the onset of Alzheimer's and is not competent to be tried together with his partner and their accused intermediary in October.

However, the prosecution say their health professionals found his condition has improved and that the calls demonstrate he is extremely fixated on being ruled unfit.

In further audio clips, Jeffries is heard saying he is wishing for a favorable ruling, characterizing being found fit as a calamity, and tells a physician: you must declare me incompetent, the court was told.

Legal Process and Health Evidence

The conversations were made in the past year while he was being held for four months in a mental health unit at a US prison in North Carolina to determine if he could regain fitness.

The octogenarian had in the past been deemed mentally incompetent previously but prison officials then stated in December that he was able for trial after his treatment period.

The prosecution told the court Jeffries repeatedly complained about incarceration and was heard telling to Smith how horrible incarceration was, stating: which is why we must make this work.

Context

Jeffries, his partner Smith, 62, and their accused go-between James Jacobson, 73, were charged with running a worldwide sex trafficking and prostitution operation in October 2024.

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

Their detentions came after an exposé that revealed the trio had been at the centre of a sophisticated scheme scouting individuals for sex around the world while Jeffries was CEO of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will be tried after considering the evidence of six experts - forensic psychologists, psychiatrists and medical experts, including facility doctors - who were cross-examined in court recently.

'Disinhibited' Behaviour

A trio of defense witnesses, maintain that Jeffries is legally unfit due to the after-effects of a brain trauma, suspected Lewy body dementia and Alzheimer's disease.

They stated that Jeffries exhibits socially inappropriate and improper conduct, which is part of a range of cognitive symptoms.

Examples include Jeffries calling the prosecution's expert witness a cunning bitch, remarking on her hair, informing another expert his clothing was ill-fitting, and describing his partner Smith as a derogatory term, they say.

He was also taped in great detail on approximately 20 jail conversations talking about his travel itinerary for the coming months, notwithstanding having been on restricted movement since 2024.

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

The prosecution contend this demonstrates his recognition that he would regain his freedom if he was declared incompetent and the case were dropped.

In contrast, the defense's medical experts disagree, stating it instead highlights that Jeffries does not remember his court-ordered limits and the gravity of the charges.

"He lacked the appropriate reaction that I would expect someone to have who is facing such serious charges," said one forensic psychiatrist who reviewed Jeffries.

"Rather, his behavior during the evaluation... was almost like we were having a chat at his home. There was no indication of alarm."

Diverging Psychiatric Opinions

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

Jeffries had been consuming alcohol at the time of the 2018 incident and his records showed he continued drinking following being hospitalised, but an expert told the judge he did not think his general alcohol consumption had a major impact on his condition.

After the fall, Jeffries suffered a psychotic break, and started seeing things, with one event in 2019 where he was discovered in his underwear, immobile, in a neighbor's yard.

Experts from a treatment facility stated that Jeffries was able after evaluating him over four months in the facility.

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

"Even given the deterioration that Mr Jeffries has suffered... he still is sharper and more functioning cognitively than probably 95% of the individuals that we evaluate for competency," testified one neuropsychologist.

Jeffries, wearing a suit and tie in the court, was reported to be jovial and quite personable during evaluations in prison, and was deliberately being provocative, on occasion using informal terms.

They diagnosed Jeffries with mild neurocognitive deficits and suggested his results may have risen since 2023 from low or impaired to average because of sobriety and more consistent medication management during his confinement.

109 Recorded Conversations Present Issues

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