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Ex- Abercrombie & Fitch chief executive Mike Jeffries was heard on tape telling his associate how they'd be in serious trouble and in deep trouble if he was declared able to stand trial on trafficking charges later this year, a federal court in NY has been told.

The audio were part of more than 100 telephone conversations between the one-time CEO and Matthew Smith played during a multi-day fitness to stand trial hearing this week on Long Island.

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

However, prosecutors argue their doctors concluded his health has gotten better and that the recordings reveal he is extremely focused on being declared not competent.

In additional recordings, Jeffries is heard saying he is wishing for a positive result, characterizing being deemed competent as a disaster, and tells a medical professional: you better declare me unfit, the court was told.

Legal Proceedings and Psychiatric Opinions

The calls were recorded last year while he was being evaluated for several months in a mental health unit at a correctional institution in North Carolina to determine if he could restore fitness.

The elderly defendant had previously been found mentally incompetent last May but prison officials then declared in December that he was able for proceedings following his evaluation.

Government attorneys advised the judge Jeffries often griped about incarceration and was caught on tape describing to Smith how horrible prison was, remarking: so we must succeed.

The Case

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

They have pleaded not guilty the charges, which could result in a maximum sentence of life imprisonment.

Their detentions were prompted by an report that revealed the group had been at the centre of a sophisticated operation recruiting men for sex internationally while Jeffries was chief executive of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will be tried after considering the testimony of several professionals - forensic psychologists, doctors and neurologists, including correctional physicians - who were examined in the courtroom recently.

'Disinhibited' Conduct

Three defence experts, maintain that Jeffries is mentally incompetent due to the residual effects of a head injury, probable Lewy body dementia and Alzheimer's disease.

They stated that Jeffries demonstrates disinhibited and improper conduct, which is symptomatic of a range of symptoms.

Examples are Jeffries referring to the prosecutor's expert witness a insult, complimenting her hair, informing another expert his clothing was poorly tailored, and describing his partner Smith as a dwarf, they say.

He was also recorded in great detail on approximately 20 jail conversations planning his international travel plans for the coming months, despite having been on home confinement since 2024.

"I can't go on trips without you," Jeffries was overheard telling Smith from jail.

The prosecution contend this shows his awareness that he would be released if he was ruled unfit and the case were dismissed.

Conversely, the defense's witnesses disagree, arguing it instead highlights that Jeffries has forgotten his court-ordered limits and the severity of the case.

"He lacked the appropriate reaction that I would anticipate someone to have who is confronting such grave allegations," testified one forensic psychiatrist who evaluated Jeffries.

"Rather, his demeanor throughout the examination... was as if we were having a meal at his club. There was no sign of anxiety."

Opposing Medical Assessments

Evidence indicated there is evidence that Jeffries' decline commenced in 2013, when scans showed reduction in volume, which was exacerbated by a accident in 2018.

Jeffries had been drinking alcohol at the time of the 2018 fall and his records showed he kept on drinking following being hospitalised, but an expert told the judge he did not think his typical alcohol consumption had a decisive influence on his state.

Following the fall, Jeffries suffered a psychotic break, and began having visions, with one episode in 2019 where he was discovered in his underwear, incapacitated, in a nearby property.

Medical professionals from a prison hospital testified that Jeffries was fit after assessing him over several months in the facility.

They say his cognitive abilities did not align with Alzheimer's disease, which the court heard could not be absolutely determined until an examination could be performed.

"Even given the reduction that Mr Jeffries has suffered... he still is sharper and more capable cognitively than probably 95% of the patients that we evaluate for competency," stated one expert.

Jeffries, wearing a formal wear in the court, was described as lighthearted and fairly charismatic during interactions in prison, and was deliberately testing the limits, at times using informal language.

They assessed Jeffries with minor cognitive impairments and suggested his testing scores may have risen since 2023 from borderline or deficient to normal because of abstinence from alcohol and better management of prescriptions during his confinement.

109 Jail Recordings Raise Concerns

Key to determining competency is whether Jeffries grasps the allegations against him, their penalties, the {legal proceedings|court process|trial