🔗 Share this article

Former Abercrombie & Fitch top executive Mike Jeffries was recorded informing his associate that they were in serious trouble and in big trouble if he was declared able to face trial on sex trafficking charges in the coming months, a New York federal court has heard.

The recordings were included in in excess of 100 telephone conversations between the ex-fashion boss and Matthew Smith referred to during a four-day mental competency proceeding this week on Long Island.

Jeffries' lawyers argue that he is coping with dementia and the onset of Alzheimer's and is incapable to stand trial next to his partner and their alleged facilitator in October.

Nevertheless, the prosecution say their doctors determined his condition has gotten better and that the recordings reveal he is incredibly preoccupied on being ruled not competent.

In other audio clips, Jeffries says he is hoping for a positive result, characterizing being ruled able as a calamity, and says to a physician: you must rule me incompetent, the Central Islip court heard.

Court Process and Health Testimony

The recordings were made last year while he was being held for four months in a mental health unit at a correctional institution in North Carolina to determine if he could restore his faculties.

The elderly defendant had in the past been deemed not competent in May but correctional authorities then declared in December that he was competent for proceedings after his treatment period.

The prosecution advised the judge Jeffries often protested incarceration and was caught on tape telling to Smith how terrible incarceration was, adding: that's why we have to make this work.

Background

Jeffries, his partner Smith, 62, and their alleged go-between James Jacobson, 73, were indicted with operating a international human trafficking and commercial sex business in October 2024.

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

Their arrests were prompted by an report that showed the three had been at the centre of a sophisticated network sourcing men for sex around the world while Jeffries was chief executive of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after weighing the testimony of several professionals - psychologists, specialists and brain specialists, including correctional physicians - who were examined in court recently.

'Disinhibited' Conduct

Three defense witnesses, testify that Jeffries is cognitively impaired due to the after-effects of a brain trauma, likely dementia and Alzheimer's disease.

They said under oath that Jeffries exhibits unfiltered and socially inappropriate conduct, which is part of a spectrum of symptoms.

Examples include Jeffries referring to the prosecutor's expert witness a derogatory term, praising her hair, informing another expert his clothing was badly made, and describing his partner Smith as a dwarf, the court heard.

He was also heard in minute detail on approximately 20 recorded calls discussing his international travel plans for the next few months, even though having been on house arrest since 2024.

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

Prosecutors contend this demonstrates his understanding that he would go free if he was ruled incompetent and the indictment were dismissed.

In contrast, the defence's medical experts have a different view, stating it instead underscores that Jeffries fails to recall his legal restrictions and the gravity of the case.

"I didn't see the appropriate affect that I would anticipate someone to have who is confronting such severe allegations," said one forensic psychiatrist who assessed Jeffries.

"Rather, his demeanor during the evaluation... was almost like we were having a meal at his club. There was no sign of alarm."

Opposing Neurological Diagnoses

Evidence indicated there is data that Jeffries' decline commenced in 2013, when scans showed reduction in volume, which was exacerbated by a fall in 2018.

Jeffries had been intoxicated at the moment of the 2018 fall and his medical records showed he continued drinking subsequent to being hospitalized, but an expert told the judge he did not think his overall drinking had a major impact on his condition.

In the wake of the fall, Jeffries experienced psychosis, and started hallucinating, with one incident in 2019 where he was located in his underclothes, immobile, in a nearby property.

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

They say his mental faculties 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 suffered... he still is more capable and more functioning mentally than probably 95% of the patients that we evaluate for fitness," said one expert.

Jeffries, dressed in a suit and tie in the courtroom, was reported to be lighthearted and rather charismatic during interactions in the facility, and was intentionally testing the limits, at times using familiar terms.

They assessed Jeffries with mild neurocognitive deficits and indicated his testing scores may have risen since 2023 from borderline or deficient to average because of sobriety and better treatment during his stay.

109 Jail Recordings Present Questions

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