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Former A&F top executive Mike Jeffries was recorded informing his associate how they were screwed and in deep trouble if he was deemed able to face trial on sex trafficking charges in the coming months, a New York federal court has heard.

The audio were included in more than 100 phone calls between the former retail executive and Matthew Smith cited during a lengthy fitness to stand trial hearing on Long Island on Long Island.

Jeffries' legal team argue that he is battling cognitive decline and late onset of Alzheimer's disease and is not competent to face trial together with his partner and their purported intermediary in October.

Nevertheless, government lawyers argue their health professionals found his mental state has improved and that the recordings demonstrate he is incredibly fixated on being found not competent.

In additional tapes, Jeffries states he is hoping for a good outcome, describing being deemed competent as a calamity, and instructs a doctor: you had better declare me incompetent, the Central Islip court learned.

Legal Hearings and Psychiatric Opinions

The recordings were taped in the past year while he was being treated for a period of months in a mental health unit at a federal prison in North Carolina to determine if he could recover fitness.

The 81-year-old had in the past been deemed not competent in May but correctional authorities then stated in December that he was competent for trial after his evaluation.

The prosecution informed the judge Jeffries repeatedly griped about life in jail and was heard telling to Smith how horrible incarceration was, remarking: so we must succeed.

The Case

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

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

Their being taken into custody came after an report that showed the three had been at the heart of a complex scheme sourcing young men for sex around the world while Jeffries was CEO of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will stand trial after considering the evidence of several professionals - forensic psychologists, psychiatrists and medical experts, including prison doctors - who were cross-examined in the courtroom during the hearing.

'Disinhibited' Conduct

Three defense witnesses, maintain that Jeffries is legally unfit due to the residual effects of a brain trauma, suspected dementia and Alzheimer's disease.

They said under oath that Jeffries shows socially inappropriate and socially inappropriate behavior, which is part of a set of symptoms.

Instances are Jeffries calling the prosecutor's psychologist a cunning bitch, remarking on her hair, telling another expert his clothing was ill-fitting, and describing his partner Smith as a midget, according to testimony.

He was also heard in great detail on about 20 prison calls talking about his trips abroad for the coming months, notwithstanding having been on house arrest since 2024.

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

Prosecutors suggest this shows his recognition that he would be released if he was ruled unfit and the charges were dismissed.

In contrast, the defence's expert witnesses disagree, stating it instead underscores that Jeffries fails to recall his legal restrictions and the severity of the situation.

"He lacked the expected affect that I would expect someone to have who is confronting such severe allegations," stated one expert who reviewed Jeffries.

"Rather, his manner during the examination... was similar to we were having a chat at his club. There was no indication of anxiety."

Diverging Neurological Assessments

Evidence indicated there is data that Jeffries' decline commenced in 2013, when tests showed reduction in volume, which was accelerated by a fall in 2018.

Jeffries had been drinking alcohol at the moment of the 2018 event 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 significant effect on his condition.

In the wake of the fall, Jeffries suffered a psychotic break, and began having visions, with one episode in 2019 where he was discovered in his underclothes, immobile, in a nearby property.

Experts from a treatment facility testified that Jeffries was fit after evaluating him over several months in the facility.

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

"Even given the deterioration that Mr Jeffries has undergone... he still is brighter and more capable mentally than probably 95% of the individuals that we assess for competency," said one expert.

Jeffries, dressed in a suit and tie in the courtroom, was described as jovial and fairly engaging during evaluations in the facility, and was purposely pushing boundaries, on occasion using familiar 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 typical because of stopping drinking and better management of prescriptions during his evaluation.

109 Recorded Conversations Prompt Concerns

Fundamental to assessing competency is whether Jeffries understands the allegations against him, their consequences, the {legal proceedings|court process|trial