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Ex- A&F top executive Mike Jeffries was heard on tape saying to his associate that they'd be in serious trouble and in grave danger if he was deemed competent to go to trial on sex trafficking allegations in the coming months, a federal court in NY has been told.

The audio were part of over 100 recorded calls between the former retail executive and Matthew Smith cited during a multi-day mental competency session recently on Long Island.

Jeffries' attorneys assert that he is coping with cognitive decline and the onset of Alzheimer's disease and is not competent to be tried together with his partner and their alleged facilitator in October.

However, prosecutors argue their health professionals found his health has gotten better and that the recordings reveal he is incredibly fixated on being found not competent.

In further tapes, Jeffries states he is wishing for a good outcome, labeling being ruled able as a calamity, and tells a physician: you must find me incompetent, the court heard.

Court Proceedings and Health Opinions

The calls were recorded the previous year while he was being held for a period of months in a psychiatric facility at a US prison in North Carolina to determine if he could recover his faculties.

The 81-year-old had previously been found legally unfit previously but correctional authorities then stated in December that he was able for proceedings following his hospital stay.

Government attorneys advised the court Jeffries repeatedly protested life in jail and was caught on tape explaining to Smith how awful prison was, remarking: so we must succeed.

The Case

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

They have entered not guilty pleas the charges, which could result in a potential penalty of life imprisonment.

Their arrests followed an report that revealed the group had been at the centre of a sophisticated operation sourcing men for sex globally while Jeffries was CEO of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will rule in May about whether Jeffries will stand trial after considering the statements of several professionals - psychologists, psychiatrists and neurologists, including facility doctors - who were examined in court recently.

'Inappropriate' Behavior

Several medical witnesses for the defense, testify that Jeffries is cognitively impaired due to the lingering impact of a traumatic brain injury, probable Lewy body dementia and Alzheimer's disease.

They said under oath that Jeffries exhibits disinhibited and off-color conduct, which is consistent with a range of dementia symptoms.

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

He was also heard in minute detail on approximately 20 prison calls discussing his travel itinerary for the near future, even though having been on house arrest since 2024.

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

The prosecution contend this shows his recognition that he would go free if he was found unfit and the charges were dismissed.

However, the defence's witnesses counter, arguing it instead points to that Jeffries does not remember his court-ordered limits and the seriousness of the situation.

"There wasn't the normal affect that I would anticipate someone to have who is confronting such serious allegations," said one expert who reviewed Jeffries.

"Instead, his manner throughout the evaluation... was similar to we were having a meal at his club. There was no sense of alarm."

Conflicting Medical Assessments

Reports indicated there is evidence that Jeffries' decline began in 2013, when scans showed brain shrinkage, which was worsened by a incident in 2018.

Jeffries had been consuming alcohol at the moment of the 2018 incident and his records showed he kept on drinking after being hospitalized, but an expert told the judge he did not think his general drinking had a major impact on his health.

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

Doctors from a prison hospital said that Jeffries was able after observing him over four months in custody.

They say his cognitive abilities did not match Alzheimer's disease, which the court heard could not be conclusively diagnosed until an examination could be performed.

"Even given the deterioration that Mr Jeffries has undergone... he still is sharper and more capable cognitively than probably 95% of the patients that we assess for fitness," stated one doctor.

Jeffries, wearing a suit and tie in the courtroom, was reported to be jovial and fairly personable during meetings in prison, and was intentionally being provocative, at times using disrespectful language.

They diagnosed Jeffries with minor cognitive impairments and indicated his testing scores may have gotten better since 2023 from low or deficient to typical because of abstinence from alcohol and more consistent medication management during his evaluation.

109 Jail Recordings Present Concerns

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