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Former Abercrombie & Fitch chief executive Mike Jeffries was taped informing his British partner that they are in serious trouble and in big trouble if he was found competent to face trial on human trafficking accusations in the coming months, a US district court has learned.

The taped conversations were among over 100 telephone conversations between the ex-fashion boss and Matthew Smith referred to during a multi-day legal competency proceeding recently on Long Island.

Jeffries' lawyers assert that he is suffering with dementia and the onset of the disease and is unfit to face trial alongside his partner and their purported intermediary in October.

Nevertheless, the prosecution say their medical experts concluded his health has improved and that the calls demonstrate he is extremely preoccupied on being ruled not competent.

In additional recordings, Jeffries says he is wishing for a favorable ruling, characterizing being found fit as a catastrophe, and says to a doctor: you better declare me incompetent, the Central Islip court was told.

Court Process and Medical Testimony

The conversations were made the previous year while he was being evaluated for a period of months in a mental health unit at a US prison in North Carolina to assess if he could regain his faculties.

The 81-year-old had earlier been ruled not competent previously but correctional authorities then stated in December that he was able for proceedings following his evaluation.

Prosecutors advised the judge Jeffries repeatedly complained about incarceration and was recorded explaining to Smith how horrible prison was, stating: that's why we have to pull this off.

The Case

Jeffries, his partner Smith, 62, and their accused go-between James Jacobson, 73, were charged with running a worldwide sex trafficking and commercial sex business in October 2024.

They have pleaded not guilty the charges, which could result in a maximum sentence of life imprisonment.

Their being taken into custody were prompted by an exposé that uncovered the three had been at the centre of a complex operation recruiting men for sex globally while Jeffries was the head of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will face trial after weighing the statements of multiple specialists - experts, doctors and brain specialists, including facility doctors - who were cross-examined in the courtroom during the hearing.

'Inappropriate' Behavior

Three defence experts, argue that Jeffries is mentally incompetent due to the residual effects of a brain trauma, likely Lewy body dementia and Alzheimer's disease.

They stated that Jeffries demonstrates disinhibited and off-color conduct, which is symptomatic of a range of dementia symptoms.

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

He was also heard in great detail on around 20 jail conversations discussing his international travel plans for the coming months, despite having been on home confinement since 2024.

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

The prosecution suggest this demonstrates his understanding that he would go free if he was ruled incompetent and the case were dismissed.

However, the defence's medical experts counter, saying it instead highlights that Jeffries fails to recall his conditions and the gravity of the situation.

"I didn't see the appropriate emotional response that I would anticipate someone to have who is confronting such severe allegations," testified one expert who reviewed Jeffries.

"Instead, his behavior during the examination... was as if we were having a meal at his home. There was no indication of anxiety."

Opposing Medical Diagnoses

Reports indicated there is data that Jeffries' mental decline started in 2013, when tests showed brain shrinkage, which was worsened by a incident in 2018.

Jeffries had been consuming alcohol at the moment of the 2018 fall and his medical records showed he persisted in drinking subsequent to being treated, but an expert told the judge he did not think his general drinking had a significant effect on his condition.

Following the fall, Jeffries became psychotic, and started seeing things, with one episode in 2019 where he was found in his underwear, unable to move, in a nearby property.

Doctors from a Federal Medical Center said that Jeffries was competent after observing him over several months in custody.

They assert his intellectual functioning did not align with Alzheimer's disease, which the court heard could not be conclusively diagnosed until an post-mortem could be performed.

"Even given the deterioration that Mr Jeffries has suffered... he still is sharper and more able intellectually than probably 95% of the individuals that we test for competency," testified one neuropsychologist.

Jeffries, wearing a formal wear in the court, was reported to be lighthearted and quite charismatic during interactions in prison, and was deliberately being provocative, sometimes using disrespectful address.

They diagnosed Jeffries with mild neurocognitive deficits and suggested his results may have risen since 2023 from low or impaired to normal because of stopping drinking and more consistent treatment during his evaluation.

109 Jail Recordings Raise Issues

Key to assessing competency is whether Jeffries grasps the charges against him, their implications, the {legal proceedings|court process|trial