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Former Abercrombie & Fitch CEO Mike Jeffries was taped saying to his UK-based partner that they were screwed and in big trouble if he was deemed competent to stand trial on trafficking allegations this autumn, a New York federal court has heard.

The taped conversations were part of in excess of 100 phone calls between the ex-fashion boss and Matthew Smith played during a four-day fitness to stand trial session recently on Long Island.

Jeffries' legal team argue that he is coping with cognitive decline and late onset of Alzheimer's and is incapable to be tried together with his partner and their accused facilitator in October.

Nevertheless, the prosecution say their health professionals found his health has gotten better and that the recordings show he is extremely fixated on being found unfit.

In additional recordings, Jeffries says he is wishing for a positive result, labeling being deemed competent as a disaster, and instructs a doctor: you better declare me incompetent, the judge heard.

Legal Proceedings and Psychiatric Evidence

The recordings were taped in the past year while he was being treated for several months in a mental health unit at a US prison in North Carolina to assess if he could restore his faculties.

The octogenarian had previously been found legally unfit in May but correctional authorities then declared in December that he was fit for trial following his treatment period.

Government attorneys advised the judge Jeffries repeatedly protested prison conditions and was recorded explaining to Smith how horrible jail was, adding: which is why we have to pull this off.

Background

Jeffries, his partner Smith, 62, and their alleged middleman James Jacobson, 73, were charged with orchestrating a worldwide trafficking and prostitution enterprise in October 2024.

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

Their being taken into custody came after an investigation that uncovered the three had been at the centre 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 statements of six experts - experts, doctors and medical experts, including correctional physicians - who were questioned in the courtroom recently.

'Unrestrained' Behavior

Three defense witnesses, testify that Jeffries is legally unfit due to the lingering impact of a traumatic brain injury, likely a form of dementia and Alzheimer's disease.

They said under oath that Jeffries demonstrates disinhibited and improper behavior, which is part of a spectrum of cognitive symptoms.

Examples involve Jeffries calling the prosecutor's expert witness a derogatory term, complimenting her hair, telling another expert his clothing was ill-fitting, and referring to his partner Smith as a dwarf, they say.

He was also heard in minute detail on approximately 20 prison calls planning his travel itinerary for the next few months, even though having been on home confinement since 2024.

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

The prosecution argue this shows his recognition that he would be released if he was declared unfit and the indictment were dropped.

Conversely, the defence's expert witnesses disagree, saying it instead underscores that Jeffries fails to recall his conditions and the severity of the charges.

"I didn't see the normal affect that I would anticipate someone to have who is confronting such severe charges," said one forensic psychiatrist who assessed Jeffries.

"Rather, his demeanor throughout the assessment... was as if we were having a chat at his country club. There was no indication of anxiety."

Opposing Psychiatric Diagnoses

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

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

After the fall, Jeffries became psychotic, and started hallucinating, with one event in 2019 where he was discovered in his underclothes, unable to move, in a neighbour's garden.

Medical professionals from a Federal Medical Center testified that Jeffries was able after observing him over four months in the facility.

They contend his mental faculties did not match Alzheimer's disease, which the court heard could not be conclusively diagnosed until an post-mortem could be performed.

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

Jeffries, dressed in a suit and tie in the court, was reported to be cheerful and rather engaging during evaluations in the facility, and was purposely being provocative, on occasion using familiar language.

They assessed Jeffries with minor cognitive impairments and indicated his performance on tests may have risen since 2023 from borderline or impaired to average because of stopping drinking and more consistent treatment during his evaluation.

109 Prison Calls Present Issues

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