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Ex- Abercrombie & Fitch CEO Mike Jeffries was heard on tape saying to his associate that they were in serious trouble and in big trouble if he was deemed able to stand trial on sex trafficking allegations this autumn, a US district court has learned.

The recordings were part of in excess of 100 phone calls between the one-time CEO and Matthew Smith cited during a lengthy mental competency session recently on Long Island.

Jeffries' lawyers assert that he is suffering with cognitive decline and the onset of Alzheimer's and is unfit to face trial next to his partner and their purported facilitator in October.

In contrast, the prosecution contend their medical experts concluded his mental state has improved and that the conversations demonstrate he is incredibly preoccupied on being declared unfit.

In further audio clips, Jeffries states he is wishing for a favorable ruling, characterizing being ruled able as a catastrophe, and instructs a physician: you had better find me unfit, the judge heard.

Court Proceedings and Health Evidence

The calls were made 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 regain fitness.

The 81-year-old had earlier been ruled mentally incompetent in May but facility staff then declared in December that he was able for trial following his hospital stay.

The prosecution informed the judge Jeffries often protested prison conditions and was heard describing to Smith how terrible prison was, adding: that's why we must make this work.

The Case

Jeffries, his partner Smith, 62, and their accused intermediary James Jacobson, 73, were indicted with operating a international human trafficking and commercial sex operation in October 2024.

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

Their detentions followed an report that uncovered the group had been at the centre of a elaborate network recruiting men for sex around the world while Jeffries was CEO of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will rule in May about whether Jeffries will be tried after considering the testimony of six experts - psychologists, psychiatrists and neurologists, including facility doctors - who were examined in the courtroom recently.

'Unrestrained' Behaviour

A trio of defense witnesses, maintain that Jeffries is legally unfit due to the residual effects of a brain trauma, suspected a form of dementia and Alzheimer's disease.

They stated that Jeffries exhibits socially inappropriate and socially inappropriate behaviour, which is consistent with a spectrum of symptoms.

Reported incidents are Jeffries referring to the prosecutor's psychologist a derogatory term, complimenting her hair, telling another expert his clothing was poorly tailored, and describing his partner Smith as a dwarf, according to testimony.

He was also taped in minute detail on around 20 prison calls planning his international travel plans for the next few months, despite having been on house arrest since 2024.

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

The prosecution suggest this shows his awareness that he would regain his freedom if he was ruled unfit and the indictment were dropped.

Conversely, the defence's witnesses disagree, stating it instead underscores that Jeffries fails to recall his court-ordered limits and the severity of the situation.

"There wasn't the expected reaction that I would expect someone to have who is facing such serious charges," stated one forensic psychiatrist who evaluated Jeffries.

"Instead, his manner throughout the evaluation... was almost like we were having a meal at his country club. There was no sign of anxiety."

Diverging Neurological Opinions

Reports indicated there is data that Jeffries' cognitive deterioration began in 2013, when scans showed mild atrophy, which was accelerated by a fall in 2018.

Jeffries had been intoxicated at the moment of the 2018 event and his history showed he persisted in drinking subsequent to being hospitalised, but an expert told the judge he did not think his typical drinking had a major impact on his health.

In the wake of the fall, Jeffries became psychotic, and started seeing things, with one episode in 2019 where he was found in his underwear, immobile, in a neighbour's garden.

Doctors from a prison hospital stated that Jeffries was fit after observing him over four months in the facility.

They say his mental faculties did not align with Alzheimer's disease, which the court heard could not be definitively confirmed until an post-mortem could be performed.

"Even given the deterioration that Mr Jeffries has experienced... he still is brighter and more functioning mentally than probably 95% of the inmates that we assess for competency," stated one expert.

Jeffries, wearing a formal wear in the courtroom, was reported to be jovial and quite personable during interactions in the facility, and was intentionally being provocative, on occasion using informal address.

They diagnosed Jeffries with minor cognitive impairments and said his performance on tests may have improved since 2023 from borderline or deficient to typical because of stopping drinking and better medication management during his confinement.

109 Jail Recordings Raise Concerns

Central to establishing fitness is whether Jeffries grasps the charges against him, their penalties, the {legal proceedings|court process|trial