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Ex- A&F chief executive Mike Jeffries was heard on tape telling his associate how they'd be screwed and in grave danger if he was deemed able to stand trial on trafficking accusations in the coming months, a New York federal court has been told.

The recordings were included in more than 100 recorded calls between the former retail executive and Matthew Smith referred to during a multi-day legal competency proceeding this week on Long Island.

Jeffries' legal team assert that he is suffering with cognitive decline and the onset of the disease and is not competent to stand trial next to his partner and their alleged facilitator in October.

Nevertheless, the prosecution argue their health professionals found his health has gotten better and that the calls reveal he is extremely preoccupied on being found incompetent.

In other tapes, Jeffries is heard saying he is wishing for a positive result, labeling being found fit as a calamity, and says to a medical professional: you better declare me incompetent, the court heard.

Court Proceedings and Medical Opinions

The conversations were taped 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 regain fitness.

The elderly defendant had earlier been ruled mentally incompetent in May but correctional authorities then stated in December that he was fit for proceedings following his evaluation.

Government attorneys advised the judge Jeffries frequently griped about life in jail and was recorded telling to Smith how awful incarceration was, adding: so we have to pull this off.

The Case

Jeffries, his partner Smith, 62, and their accused intermediary James Jacobson, 73, were charged with operating a worldwide sex trafficking and prostitution operation in October 2024.

They have denied the allegations, which could result in a potential penalty of a life term.

Their arrests came after an exposé that uncovered the group had been at the heart of a sophisticated scheme sourcing young men for sex internationally while Jeffries was CEO of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after reviewing the evidence of multiple specialists - experts, doctors and neurologists, including correctional physicians - who were cross-examined in proceedings recently.

'Disinhibited' Conduct

Several medical witnesses for the defense, argue that Jeffries is legally unfit due to the after-effects of a traumatic brain injury, likely a form of dementia and Alzheimer's disease.

They testified that Jeffries demonstrates socially inappropriate and socially inappropriate behavior, which is part of a set of symptoms.

Instances involve Jeffries referring to the prosecutor's professional psychologist a insult, remarking on her hair, telling another expert his clothing was badly made, and referring to his partner Smith as a dwarf, according to testimony.

He was also heard in great detail on about 20 prison calls talking about his international travel plans for the near future, notwithstanding having been on house arrest since 2024.

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

Prosecutors argue this demonstrates his awareness that he would go free if he was ruled incompetent and the charges were dropped.

However, the defence's witnesses counter, arguing it instead points to that Jeffries does not remember his conditions and the severity of the case.

"He lacked the expected affect that I would expect someone to have who is up against such grave allegations," testified one doctor who reviewed Jeffries.

"On the contrary, his manner during the evaluation... was almost like we were having a meal at his home. There was no indication of distress."

Opposing Psychiatric Assessments

Evidence indicated there is information that Jeffries' cognitive deterioration began in 2013, when imaging showed brain shrinkage, which was exacerbated by a incident in 2018.

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

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

Experts from a Federal Medical Center said that Jeffries was competent after evaluating him over an extended period in prison.

They contend his intellectual functioning did not align with Alzheimer's disease, which the court heard could not be conclusively diagnosed until an autopsy could be performed.

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

Jeffries, dressed in a business attire in the court, was reported to be cheerful and rather charismatic during evaluations in the facility, and was intentionally testing the limits, on occasion using disrespectful address.

They diagnosed Jeffries with minor cognitive impairments and said his testing scores may have improved since 2023 from low or deficient to typical because of sobriety and improved medication management during his confinement.

109 Recorded Conversations Prompt Questions

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