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Ex- Abercrombie & Fitch CEO Mike Jeffries was taped telling his UK-based partner how they are in serious trouble and in grave danger if he was deemed fit to face trial on trafficking charges later this year, a New York federal court has learned.

The recordings were part of over 100 phone calls between the former retail executive and Matthew Smith cited during a multi-day legal competency session on Long Island on Long Island.

Jeffries' lawyers argue that he is coping with dementia and the onset of the disease and is unfit to be tried together with his partner and their accused facilitator in October.

However, government lawyers contend their medical experts concluded his condition has improved and that the calls reveal he is extremely fixated on being found unfit.

In other recordings, Jeffries says he is hoping for a good outcome, describing being ruled able as a disaster, and says to a physician: you better rule me incompetent, the Central Islip court was told.

Legal Hearings and Health Evidence

The calls were recorded last year while he was being evaluated for a period of months in a psychiatric facility at a correctional institution in North Carolina to see if he could restore competency.

The 81-year-old had in the past been deemed legally unfit last May but correctional authorities then announced in December that he was able for proceedings subsequent to his evaluation.

Prosecutors informed the court Jeffries repeatedly protested prison conditions and was recorded telling to Smith how horrible incarceration was, adding: that's why we have to succeed.

Context

Jeffries, his partner Smith, 62, and their purported go-between James Jacobson, 73, were indicted with orchestrating a global trafficking and prostitution business in October 2024.

They have pleaded not guilty the charges, which have a maximum sentence of a life term.

Their arrests followed an report that uncovered the trio had been at the centre of a elaborate network sourcing young men for sex internationally while Jeffries was the head of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will face trial after reviewing the evidence of multiple specialists - psychologists, specialists and brain specialists, including correctional physicians - who were questioned in proceedings during the hearing.

'Disinhibited' Behavior

A trio of defence experts, argue that Jeffries is mentally incompetent 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 improper conduct, which is part of a range of cognitive symptoms.

Reported incidents involve Jeffries referring to the prosecution's psychologist a derogatory term, complimenting her hair, informing another expert his clothing was poorly tailored, and describing his partner Smith as a midget, the court heard.

He was also heard in excruciating detail on about 20 recorded calls talking about his international travel plans for the near future, even though having been on home confinement since 2024.

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

Prosecutors suggest this indicates his awareness that he would regain his freedom if he was ruled unfit and the charges were dropped.

However, the defence's medical experts have a different view, stating it instead highlights that Jeffries fails to recall his court-ordered limits and the severity of the case.

"I didn't see the expected emotional response that I would expect someone to have who is up against such serious charges," stated one expert who evaluated Jeffries.

"Rather, his manner during the assessment... was as if we were having a chat at his country club. There was no sense of distress."

Opposing Neurological Opinions

Reports indicated there is data that Jeffries' decline started in 2013, when tests showed mild atrophy, which was exacerbated by a fall in 2018.

Jeffries had been drinking alcohol at the moment of the 2018 incident and his records showed he continued drinking subsequent to being treated, but an expert told the judge he did not think his typical alcohol consumption had a decisive influence on his health.

In the wake of the fall, Jeffries suffered a psychotic break, and started hallucinating, with one episode in 2019 where he was discovered in his underwear, incapacitated, in a nearby property.

Experts from a prison hospital said that Jeffries was able after observing him over an extended period in prison.

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

"Even given the declines that Mr Jeffries has experienced... he still is more capable and more functioning intellectually than probably 95% of the individuals that we evaluate for competency," stated one neuropsychologist.

Jeffries, wearing a formal wear in the court, was reported to be lighthearted and rather charismatic during interactions in the facility, and was deliberately pushing boundaries, sometimes using disrespectful terms.

They diagnosed Jeffries with minor cognitive impairments and indicated his results may have improved since 2023 from low or impaired to average because of sobriety and more consistent management of prescriptions during his evaluation.

109 Recorded Conversations Prompt Concerns

Central to assessing competency is whether Jeffries comprehends the charges against him, their penalties, the {legal proceedings|court process|trial