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One-time A&F chief executive Mike Jeffries was recorded saying to his associate how they'd be screwed and in deep trouble if he was declared able to go to trial on trafficking charges in the coming months, a federal court in NY has heard.

The taped conversations were included in over 100 recorded calls between the ex-fashion boss and Matthew Smith referred to during a four-day legal competency session this week on Long Island.

Jeffries' attorneys assert that he is suffering with cognitive decline and the onset of Alzheimer's and is incapable to be tried together with his partner and their purported intermediary in October.

Nevertheless, the prosecution argue their medical experts determined his condition has improved and that the recordings show he is extremely fixated on being declared not competent.

In additional recordings, Jeffries says he is wishing for a favorable ruling, labeling being deemed competent as a disaster, and says to a physician: you better rule me unfit, the Central Islip court learned.

Legal Proceedings and Medical Opinions

The calls were taped in the past year while he was being treated for four months in a treatment center at a federal prison in North Carolina to assess if he could restore his faculties.

The 81-year-old had earlier been ruled legally unfit previously but correctional authorities then stated in December that he was able for trial subsequent to his evaluation.

The prosecution told the judge Jeffries often complained about life in jail and was caught on tape explaining to Smith how awful jail was, stating: so we have to pull this off.

Context

Jeffries, his partner Smith, 62, and their purported intermediary James Jacobson, 73, were accused with orchestrating a global human trafficking and prostitution enterprise in October 2024.

They have denied the charges, which carry a potential penalty of life imprisonment.

Their being taken into custody followed an report that showed the group had been at the core of a complex network scouting men for sex globally while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after considering the statements of multiple specialists - experts, specialists and brain specialists, including facility doctors - who were questioned in court this week.

'Unrestrained' Conduct

Several medical witnesses for the defense, argue that Jeffries is cognitively impaired due to the lingering impact of a traumatic brain injury, suspected a form of dementia and Alzheimer's disease.

They stated that Jeffries exhibits disinhibited and off-color behavior, which is consistent with a set of symptoms.

Reported incidents include Jeffries referring to the prosecutor's expert witness a derogatory term, praising her hair, informing another expert his clothing was ill-fitting, and referring to his partner Smith as a derogatory term, they say.

He was also taped in great detail on around 20 jail conversations discussing his travel itinerary for the next few months, despite having been on restricted movement since 2024.

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

The prosecution argue this shows his recognition that he would go free if he was declared incompetent and the charges were dismissed.

In contrast, the defense's medical experts counter, stating it instead underscores that Jeffries fails to recall his legal restrictions and the seriousness of the case.

"There wasn't the expected reaction that I would expect someone to have who is facing such grave allegations," stated one expert who reviewed Jeffries.

"On the contrary, his demeanor throughout the examination... was as if we were having a chat at his home. There was no sense of anxiety."

Opposing Neurological Opinions

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

Jeffries had been consuming alcohol at the moment of the 2018 fall and his medical records showed he kept on drinking after being hospitalized, but an expert told the judge he did not think his typical intake had a decisive influence on his state.

In the wake of the fall, Jeffries experienced psychosis, and started having visions, with one incident in 2019 where he was located in his underclothes, immobile, in a nearby property.

Experts from a treatment facility stated that Jeffries was able after observing him over several months in custody.

They contend his mental faculties did not match Alzheimer's disease, which the court heard could not be absolutely determined until an autopsy could be performed.

"Even given the declines that Mr Jeffries has suffered... he still is sharper and more functioning cognitively than probably 95% of the patients that we evaluate for competency," testified one neuropsychologist.

Jeffries, dressed in a suit and tie in the courtroom, was described as jovial and quite personable during interactions in prison, and was deliberately pushing boundaries, sometimes using familiar terms.

They found Jeffries with mild neurocognitive deficits and said his testing scores may have risen since 2023 from borderline or deficient to typical because of stopping drinking and improved management of prescriptions during his evaluation.

109 Jail Recordings Prompt Issues

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