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One-time Abercrombie & Fitch chief executive Mike Jeffries was recorded informing his associate how they'd be in serious trouble and in grave danger if he was deemed able to face trial on sex trafficking allegations this autumn, a New York federal court has been told.

The recordings were included in in excess of 100 phone calls between the former retail executive and Matthew Smith cited during a lengthy mental competency proceeding this week on Long Island.

Jeffries' attorneys contend that he is suffering with dementia and late onset of Alzheimer's and is incapable to stand trial next to his partner and their alleged middleman in October.

However, the prosecution say their health professionals determined his mental state has gotten better and that the conversations show he is remarkably focused on being declared not competent.

In additional recordings, Jeffries states he is praying for a positive result, describing being deemed competent as a disaster, and tells a doctor: you must rule me unfit, the Central Islip court learned.

Court Hearings and Medical Evidence

The recordings were recorded last year while he was being held for several months in a treatment center at a US prison in North Carolina to assess if he could regain his faculties.

The 81-year-old had previously been found legally unfit in May but correctional authorities then declared in December that he was competent for proceedings after his treatment period.

Prosecutors advised the judge Jeffries often protested life in jail and was recorded explaining to Smith how terrible prison was, stating: which is why we must make this work.

The Case

Jeffries, his partner Smith, 62, and their alleged middleman James Jacobson, 73, were indicted with orchestrating a global trafficking and commercial sex business in October 2024.

They have entered not guilty pleas the allegations, which carry a potential penalty of life imprisonment.

Their detentions were prompted by an report that revealed the three had been at the heart of a complex network recruiting individuals for sex globally while Jeffries was chief executive of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will rule in May about whether Jeffries will stand trial after reviewing the statements of multiple specialists - experts, psychiatrists and medical experts, including prison doctors - who were questioned in proceedings this week.

'Inappropriate' Conduct

A trio of medical witnesses for the defense, maintain that Jeffries is legally unfit due to the lingering impact of a traumatic brain injury, probable dementia and Alzheimer's disease.

They said under oath that Jeffries demonstrates disinhibited and improper behavior, which is consistent with a set of dementia symptoms.

Reported incidents are Jeffries calling the prosecution's expert witness a cunning bitch, remarking on her hair, telling another expert his clothing was poorly tailored, and describing his partner Smith as a dwarf, according to testimony.

He was also heard in minute detail on approximately 20 prison calls planning his trips abroad 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 recorded saying to Smith from incarceration.

Prosecutors contend this demonstrates his recognition that he would go free if he was found incompetent and the indictment were dismissed.

Conversely, the defense's expert witnesses disagree, stating it instead points to that Jeffries does not remember his conditions and the severity of the charges.

"He lacked the expected emotional response that I would expect someone to have who is facing such severe allegations," testified one forensic psychiatrist who reviewed Jeffries.

"Rather, his behavior during the assessment... was as if we were having a meal at his club. There was no indication of distress."

Opposing Medical Diagnoses

Testimony indicated there is information that Jeffries' decline began in 2013, when scans showed brain shrinkage, which was accelerated by a accident in 2018.

Jeffries had been consuming alcohol at the time of the 2018 event and his records showed he persisted in drinking after being hospitalised, but an expert told the judge he did not think his general alcohol consumption had a decisive influence on his condition.

After the fall, Jeffries suffered a psychotic break, and started having visions, with one episode in 2019 where he was found in his underwear, unable to move, in a neighbour's garden.

Experts from a treatment facility said that Jeffries was able after assessing him over four months in the facility.

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

"Even given the reduction that Mr Jeffries has experienced... he still is brighter and more capable cognitively than probably 95% of the patients that we test for fitness," said one doctor.

Jeffries, dressed in a formal wear in the hearing, was described as cheerful and rather engaging during evaluations in prison, and was purposely testing the limits, at times using informal language.

They found Jeffries with slight deficits and suggested his testing scores may have risen since 2023 from low or impaired to typical because of stopping drinking and more consistent treatment during his stay.

109 Recorded Conversations Present Concerns

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