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One-time A&F chief executive Mike Jeffries was heard on tape informing his associate that they'd be in serious trouble and in deep trouble if he was deemed able to face trial on trafficking accusations later this year, a US district court has learned.

The taped conversations were part of more than 100 phone calls between the one-time CEO and Matthew Smith referred to during a multi-day mental competency session recently on Long Island.

Jeffries' legal team contend that he is coping with cognitive decline and late onset of Alzheimer's disease and is incapable to be tried next to his partner and their alleged intermediary in October.

Nevertheless, the prosecution contend their health professionals determined his condition has stabilized and that the recordings show he is extremely fixated on being declared unfit.

In additional recordings, Jeffries says he is wishing for a good outcome, describing being ruled able as a catastrophe, and tells a physician: you better find me incompetent, the court learned.

Judicial Proceedings and Medical Testimony

The calls were made in the past year while he was being evaluated for four months in a psychiatric facility at a US prison in North Carolina to determine if he could recover his faculties.

The octogenarian had in the past been deemed legally unfit last May but correctional authorities then announced in December that he was competent for proceedings following his treatment period.

Government attorneys advised the judge Jeffries frequently protested prison conditions and was recorded explaining to Smith how awful prison was, adding: that's why we have to make this work.

Context

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

They have pleaded not guilty the accusations, which have a potential penalty of a life term.

Their detentions followed an report that revealed the three had been at the centre of a elaborate network recruiting young men for sex globally while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will make a determination in May about whether Jeffries will face trial after weighing the testimony of several professionals - forensic psychologists, specialists and brain specialists, including correctional physicians - who were examined in the courtroom this week.

'Disinhibited' Behaviour

Several defense witnesses, maintain that Jeffries is cognitively impaired due to the lingering impact of a brain trauma, probable Lewy body dementia and Alzheimer's disease.

They stated that Jeffries shows disinhibited and socially inappropriate behaviour, which is part of a set of dementia symptoms.

Examples are Jeffries calling the prosecutor's expert witness a derogatory term, remarking on her hair, informing another expert his clothing was badly made, and referring to his partner Smith as a derogatory term, the court heard.

He was also taped in great detail on about 20 recorded calls discussing his trips abroad for the next few months, despite having been on home confinement since 2024.

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

The prosecution contend this demonstrates his understanding that he would regain his freedom if he was declared unfit and the charges were dismissed.

In contrast, the defence's expert witnesses counter, stating it instead underscores that Jeffries does not remember his legal restrictions and the seriousness of the situation.

"There wasn't the appropriate reaction that I would anticipate someone to have who is facing such serious allegations," testified one expert who reviewed Jeffries.

"On the contrary, his manner during the evaluation... was similar to we were having a meal at his home. There was no sign of alarm."

Diverging Medical Diagnoses

Evidence indicated there is evidence that Jeffries' mental decline began in 2013, when tests showed reduction in volume, which was worsened by a incident in 2018.

Jeffries had been intoxicated at the moment of the 2018 event and his medical records showed he persisted in drinking after being hospitalised, but an expert told the judge he did not think his overall alcohol consumption had a decisive influence on his state.

Following the fall, Jeffries experienced psychosis, and began seeing things, with one event in 2019 where he was discovered in his underclothes, unable to move, in a neighbor's yard.

Doctors from a treatment facility stated that Jeffries was competent after assessing him over several months in prison.

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

"Even given the deterioration that Mr Jeffries has experienced... he still is more capable and more capable cognitively than probably 95% of the individuals that we evaluate for competency," said one neuropsychologist.

Jeffries, wearing a suit and tie in the hearing, was described as lighthearted and quite charismatic during evaluations in prison, and was intentionally being provocative, sometimes using informal address.

They assessed Jeffries with slight deficits and indicated his results may have improved since 2023 from low or impaired to normal because of sobriety and better treatment during his stay.

109 Prison Calls Raise Questions

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