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Former A&F chief executive Mike Jeffries was recorded telling his British partner that they are finished and in deep trouble if he was declared fit to go to trial on sex trafficking charges later this year, a New York federal court has learned.

The recordings were part of more than 100 telephone conversations between the one-time CEO and Matthew Smith referred to during a multi-day mental competency proceeding on Long Island on Long Island.

Jeffries' lawyers contend that he is suffering with cognitive decline and late onset of the disease and is incapable to face trial together with his partner and their accused middleman in October.

Nevertheless, prosecutors contend their doctors determined his condition has stabilized and that the calls demonstrate he is remarkably focused on being ruled not competent.

In additional tapes, Jeffries states he is praying for a positive result, describing being deemed competent as a calamity, and says to a physician: you better find me unfit, the judge learned.

Legal Process and Health Evidence

The recordings were taped the previous year while he was being treated for a period of months in a mental health unit at a US prison in North Carolina to see if he could restore his faculties.

The 81-year-old had in the past been deemed not competent previously but correctional authorities then stated in December that he was competent for proceedings after his evaluation.

Government attorneys advised the court Jeffries often protested prison conditions and was caught on tape explaining to Smith how terrible prison was, adding: that's why we have to pull this off.

Context

Jeffries, his partner Smith, 62, and their alleged go-between James Jacobson, 73, were indicted with running a global human trafficking and prostitution business in October 2024.

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

Their arrests followed an report that showed the trio had been at the heart of a elaborate operation sourcing individuals for sex globally while Jeffries was chief executive of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will rule in May about whether Jeffries will face trial after weighing the evidence of multiple specialists - experts, doctors and brain specialists, including correctional physicians - who were questioned in proceedings during the hearing.

'Disinhibited' Behaviour

Several defence experts, argue that Jeffries is cognitively impaired due to the residual effects of a traumatic brain injury, likely Lewy body dementia and Alzheimer's disease.

They said under oath that Jeffries exhibits unfiltered and socially inappropriate behaviour, which is part of a range of dementia symptoms.

Reported incidents include Jeffries referring to the prosecutor's expert witness a derogatory term, praising her hair, telling another expert his clothing was badly made, and describing his partner Smith as a midget, they say.

He was also recorded in excruciating detail on about 20 prison calls discussing his trips abroad for the near future, despite having been on house arrest since 2024.

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

The prosecution suggest this shows his awareness that he would regain his freedom if he was found unfit and the charges were dismissed.

Conversely, the defense's expert witnesses counter, saying it instead points to that Jeffries fails to recall his conditions and the severity of the situation.

"I didn't see the appropriate affect that I would anticipate someone to have who is up against such serious allegations," stated one forensic psychiatrist who reviewed Jeffries.

"Rather, his behavior during the examination... was almost like we were having lunch at his club. There was no indication of alarm."

Conflicting Neurological Opinions

Evidence indicated there is data that Jeffries' decline began in 2013, when imaging showed mild atrophy, which was accelerated by a incident in 2018.

Jeffries had been drinking alcohol at the time of the 2018 fall and his history showed he persisted in drinking subsequent to being hospitalized, but an expert told the judge he did not think his typical intake had a major impact on his condition.

Following the fall, Jeffries suffered a psychotic break, and started having visions, with one episode in 2019 where he was discovered in his underwear, incapacitated, in a neighbor's yard.

Experts from a treatment facility testified that Jeffries was competent after assessing him over an extended period in custody.

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

"Even given the declines that Mr Jeffries has experienced... he still is brighter and more functioning intellectually than probably 95% of the patients that we evaluate for fitness," stated one neuropsychologist.

Jeffries, dressed in a suit and tie in the hearing, was reported to be cheerful and rather charismatic during evaluations in prison, and was intentionally testing the limits, sometimes using disrespectful terms.

They found Jeffries with minor cognitive impairments and suggested his results may have risen since 2023 from borderline or impaired to average because of sobriety and better medication management during his stay.

109 Prison Calls Raise Questions

Key to determining competency is whether Jeffries understands the charges against him, their consequences, the {legal proceedings|court process|trial