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Ex- Abercrombie & Fitch top executive Mike Jeffries was taped saying to his UK-based partner that they were screwed and in deep trouble if he was declared competent to go to trial on human trafficking accusations this autumn, a New York federal court has been told.

The audio were among in excess of 100 recorded calls between the one-time CEO and Matthew Smith played during a four-day legal competency session this week on Long Island.

Jeffries' lawyers assert that he is suffering with dementia and late onset of Alzheimer's and is incapable to face trial next to his partner and their alleged middleman in October.

However, government lawyers say their medical experts determined his condition has gotten better and that the conversations demonstrate he is incredibly focused on being found unfit.

In additional audio clips, Jeffries says he is wishing for a favorable ruling, labeling being ruled able as a calamity, and says to a medical professional: you must rule me unfit, the court learned.

Court Proceedings and Health Evidence

The recordings were made last year while he was being held for a period of months in a mental health unit at a correctional institution in North Carolina to assess if he could regain fitness.

The octogenarian had in the past been deemed not competent in May but facility staff then announced in December that he was able for proceedings subsequent to his hospital stay.

Government attorneys told the court Jeffries often complained about life in jail and was heard explaining to Smith how horrible jail was, remarking: which is why we got to make this work.

The Case

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

They have denied the charges, which could result in a maximum sentence of a life term.

Their arrests were prompted by an exposé that showed the group had been at the core of a complex scheme sourcing young men for sex internationally while Jeffries was the head of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will rule in May about whether Jeffries will be tried after weighing the statements of multiple specialists - experts, specialists and neurologists, including facility doctors - who were cross-examined in court this week.

'Disinhibited' Behavior

Three defence experts, maintain that Jeffries is legally unfit due to the lingering impact of a head injury, suspected a form of dementia and Alzheimer's disease.

They testified that Jeffries shows unfiltered and socially inappropriate conduct, which is consistent with a spectrum of symptoms.

Instances are Jeffries referring to the prosecutor's psychologist a cunning bitch, complimenting her hair, telling another expert his clothing was ill-fitting, and referring to his partner Smith as a midget, they say.

He was also heard in great detail on approximately 20 recorded calls planning his international travel plans for the coming months, notwithstanding having been on house arrest since 2024.

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

The prosecution argue this indicates his understanding that he would regain his freedom if he was found unfit and the case were dismissed.

Conversely, the defense's medical experts have a different view, arguing it instead points to that Jeffries has forgotten his conditions and the gravity of the charges.

"There wasn't the expected affect that I would expect someone to have who is facing such grave allegations," testified one forensic psychiatrist who reviewed Jeffries.

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

Conflicting Neurological Assessments

Testimony indicated there is information that Jeffries' decline started in 2013, when tests showed mild atrophy, which was accelerated by a fall in 2018.

Jeffries had been consuming alcohol at the time of the 2018 incident and his history showed he continued drinking subsequent to being treated, but an expert told the judge he did not think his overall drinking had a decisive influence on his state.

Following the fall, Jeffries became psychotic, and started seeing things, with one incident in 2019 where he was found in his underclothes, unable to move, in a nearby property.

Medical professionals from a Federal Medical Center stated that Jeffries was competent after evaluating him over an extended period in custody.

They contend his cognitive abilities did not align with Alzheimer's disease, which the court heard could not be definitively confirmed until an post-mortem could be performed.

"Even given the deterioration that Mr Jeffries has experienced... he still is sharper and more able cognitively than probably 95% of the individuals that we assess for fitness," testified one doctor.

Jeffries, dressed in a business attire in the courtroom, was reported to be cheerful and quite personable during meetings in prison, and was deliberately pushing boundaries, on occasion using disrespectful language.

They found Jeffries with minor cognitive impairments and indicated his results may have improved since 2023 from low or impaired to normal because of sobriety and improved treatment during his confinement.

109 Jail Recordings Prompt Concerns

Fundamental to determining fitness is whether Jeffries comprehends the charges against him, their consequences, the {legal proceedings|court process|trial