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Former A&F top executive Mike Jeffries was heard on tape telling his British partner that they are finished and in deep trouble if he was deemed competent to face trial on trafficking accusations this autumn, a US district court has been told.

The recordings were part of more than 100 phone calls between the one-time CEO and Matthew Smith referred to during a lengthy fitness to stand trial hearing recently on Long Island.

Jeffries' lawyers assert that he is coping with cognitive decline and the onset of the disease and is not competent to be tried alongside his partner and their purported intermediary in October.

Nevertheless, the prosecution contend their health professionals concluded his condition has gotten better and that the recordings show he is incredibly fixated on being declared unfit.

In further recordings, Jeffries states he is praying for a favorable ruling, characterizing being found fit as a disaster, and instructs a doctor: you had better find me incompetent, the Central Islip court heard.

Court Hearings and Medical Evidence

The conversations were recorded in the past year while he was being evaluated for several months in a treatment center at a federal prison in North Carolina to determine if he could regain fitness.

The 81-year-old had earlier been ruled legally unfit previously but facility staff then announced in December that he was fit for trial following his treatment period.

The prosecution advised the court Jeffries often protested life in jail and was heard explaining to Smith how awful jail was, stating: that's why we must succeed.

The Case

Jeffries, his partner Smith, 62, and their purported intermediary James Jacobson, 73, were indicted with running a international sex trafficking and commercial sex enterprise in October 2024.

They have denied the accusations, which could result in a maximum sentence of life in prison.

Their arrests were prompted by an investigation that uncovered the trio had been at the core of a sophisticated network sourcing men for sex around the world while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after reviewing the statements of multiple specialists - psychologists, specialists and medical experts, including facility doctors - who were cross-examined in the courtroom this week.

'Unrestrained' Behaviour

A trio of defense witnesses, argue that Jeffries is cognitively impaired due to the lingering impact of a traumatic brain injury, suspected Lewy body dementia and Alzheimer's disease.

They said under oath that Jeffries shows socially inappropriate and improper conduct, which is consistent with a spectrum of cognitive symptoms.

Instances include Jeffries referring to the prosecution's psychologist a derogatory term, remarking on her hair, telling another expert his clothing was ill-fitting, and referring to his partner Smith as a derogatory term, the court heard.

He was also taped in excruciating detail on about 20 recorded calls discussing his trips abroad for the coming months, notwithstanding having been on house arrest since 2024.

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

Prosecutors suggest this shows his recognition that he would be released if he was ruled incompetent and the charges were dropped.

Conversely, the defence's medical experts counter, saying it instead highlights that Jeffries does not remember his legal restrictions and the severity of the charges.

"There wasn't the expected affect that I would expect someone to have who is up against such grave allegations," testified one expert who reviewed Jeffries.

"Rather, his behavior throughout the assessment... was similar to we were having lunch at his home. There was no sense of alarm."

Opposing Psychiatric Opinions

Evidence indicated there is data that Jeffries' cognitive deterioration began in 2013, when imaging showed reduction in volume, which was exacerbated by a incident in 2018.

Jeffries had been intoxicated at the moment of the 2018 event and his medical records showed he continued drinking following being treated, but an expert told the judge he did not think his general intake had a decisive influence on his state.

After the fall, Jeffries suffered a psychotic break, and began seeing things, with one event in 2019 where he was located in his underwear, incapacitated, in a nearby property.

Medical professionals from a prison hospital stated that Jeffries was fit after evaluating him over an extended period in the facility.

They say his intellectual functioning were not consistent with Alzheimer's disease, which the court heard could not be definitively confirmed until an examination could be performed.

"Even given the reduction that Mr Jeffries has suffered... he still is more capable and more able intellectually than probably 95% of the individuals that we assess for competency," said one expert.

Jeffries, wearing a formal wear in the hearing, was described as lighthearted and fairly charismatic during meetings in prison, and was intentionally pushing boundaries, sometimes using familiar language.

They found Jeffries with mild neurocognitive deficits and suggested his testing scores may have improved since 2023 from low or deficient to normal because of abstinence from alcohol and more consistent management of prescriptions during his stay.

109 Jail Recordings Prompt Questions

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