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Ex- A&F top executive Mike Jeffries was taped saying to his associate that they are in serious trouble and in deep trouble if he was found able to go to trial on human trafficking accusations in the coming months, a New York federal court has heard.

The audio were among in excess of 100 telephone conversations between the former retail executive and Matthew Smith played during a multi-day legal competency session recently on Long Island.

Jeffries' lawyers argue that he is coping with cognitive decline and late onset of the disease and is incapable to face trial alongside his partner and their accused facilitator in October.

In contrast, the prosecution argue their medical experts found his health has improved and that the calls show he is remarkably fixated on being found unfit.

In additional recordings, Jeffries is heard saying he is wishing for a favorable ruling, characterizing being ruled able as a catastrophe, and says to a physician: you must find me incompetent, the court heard.

Judicial Process and Medical Evidence

The conversations were taped in the past year while he was being evaluated for four months in a mental health unit at a correctional institution in North Carolina to assess if he could recover his faculties.

The elderly defendant had previously been found not competent in May but facility staff then declared in December that he was competent for proceedings subsequent to his treatment period.

Government attorneys advised the court Jeffries frequently griped about prison conditions and was heard explaining to Smith how awful prison was, adding: so we must succeed.

Context

Jeffries, his partner Smith, 62, and their purported middleman James Jacobson, 73, were accused with running a global sex trafficking and prostitution business in October 2024.

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

Their being taken into custody came after an exposé that revealed the three had been at the heart of a complex scheme sourcing men for sex globally while Jeffries was chief executive of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will be tried after weighing the evidence of six experts - forensic psychologists, doctors and neurologists, including prison doctors - who were cross-examined in the courtroom this week.

'Inappropriate' Conduct

Three medical witnesses for the defense, maintain that Jeffries is mentally incompetent due to the lingering impact of a head injury, likely Lewy body dementia and Alzheimer's disease.

They said under oath that Jeffries shows unfiltered and improper behaviour, which is symptomatic of a set of dementia symptoms.

Instances are Jeffries referring to the prosecutor's psychologist a cunning bitch, remarking on her hair, telling another expert his clothing was ill-fitting, and referring to his partner Smith as a derogatory term, the court heard.

He was also heard in excruciating detail on around 20 jail conversations discussing his travel itinerary for the near future, notwithstanding having been on restricted movement since 2024.

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

Prosecutors argue this demonstrates his awareness that he would regain his freedom if he was declared unfit and the indictment were dropped.

In contrast, the defense's medical experts counter, saying it instead highlights that Jeffries has forgotten his legal restrictions and the gravity of the case.

"There wasn't the expected reaction that I would anticipate someone to have who is facing such severe allegations," stated one doctor who reviewed Jeffries.

"Instead, his demeanor during the evaluation... was similar to we were having a chat at his club. There was no sign of anxiety."

Opposing Psychiatric Diagnoses

Evidence indicated there is data that Jeffries' mental decline commenced in 2013, when scans showed mild atrophy, which was accelerated by a fall in 2018.

Jeffries had been consuming alcohol at the time of the 2018 fall and his records showed he persisted in drinking after being treated, but an expert told the judge he did not think his general drinking had a decisive influence on his condition.

After the fall, Jeffries became psychotic, and began hallucinating, with one episode in 2019 where he was discovered in his underclothes, unable to move, in a neighbor's yard.

Medical professionals from a treatment facility stated that Jeffries was able after observing him over an extended period in the facility.

They contend his mental faculties did not match 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 undergone... he still is sharper and more functioning intellectually than probably 95% of the patients that we test for competency," stated one doctor.

Jeffries, wearing a formal wear in the courtroom, was described as cheerful and rather personable during meetings in prison, and was intentionally being provocative, on occasion using familiar terms.

They assessed Jeffries with slight deficits and indicated his testing scores may have gotten better since 2023 from borderline or impaired to normal because of stopping drinking and more consistent treatment during his confinement.

109 Prison Calls Raise Concerns

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