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Ex- Abercrombie & Fitch CEO Mike Jeffries was heard on tape informing his associate how they are screwed and in grave danger if he was found able to face trial on sex trafficking charges later this year, a US district court has heard.

The audio were included in over 100 recorded calls between the former retail executive and Matthew Smith referred to during a four-day legal competency hearing on Long Island on Long Island.

Jeffries' attorneys argue that he is suffering with dementia and the onset of Alzheimer's disease and is incapable to face trial next to his partner and their purported facilitator in October.

However, prosecutors argue their medical experts determined his condition has gotten better and that the recordings demonstrate he is extremely preoccupied on being ruled incompetent.

In further audio clips, Jeffries says he is praying for a favorable ruling, describing being deemed competent as a disaster, and instructs a physician: you better declare me incompetent, the Central Islip court heard.

Legal Proceedings and Medical Opinions

The conversations were recorded last year while he was being evaluated for four months in a treatment center at a correctional institution in North Carolina to assess if he could restore his faculties.

The elderly defendant had earlier been ruled mentally incompetent last May but prison officials then announced in December that he was fit for proceedings after his treatment period.

The prosecution informed the judge Jeffries frequently complained about prison conditions and was recorded explaining to Smith how horrible prison was, adding: that's why we must make this work.

The Case

Jeffries, his partner Smith, 62, and their purported go-between James Jacobson, 73, were accused with operating a worldwide trafficking and prostitution operation in October 2024.

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

Their being taken into custody followed an exposé that revealed the trio had been at the heart of a sophisticated network recruiting individuals for sex around the world while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will make a determination in May about whether Jeffries will face trial after reviewing the statements of several professionals - experts, doctors and neurologists, including correctional physicians - who were cross-examined in the courtroom recently.

'Inappropriate' Conduct

Three defense witnesses, testify that Jeffries is legally unfit due to the residual effects of a head injury, probable a form of dementia and Alzheimer's disease.

They testified that Jeffries demonstrates socially inappropriate and socially inappropriate behavior, which is consistent with a set of dementia symptoms.

Examples include Jeffries referring to the prosecution's professional psychologist a insult, complimenting her hair, telling another expert his clothing was ill-fitting, and describing his partner Smith as a dwarf, they say.

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

"I can't go on trips without you," Jeffries was recorded telling Smith from prison.

The prosecution contend this shows his understanding that he would regain his freedom if he was declared incompetent and the charges were dismissed.

Conversely, the defense's expert witnesses disagree, saying it instead highlights that Jeffries does not remember his court-ordered limits and the severity of the charges.

"I didn't see the appropriate reaction that I would anticipate someone to have who is facing such grave allegations," stated one doctor who reviewed Jeffries.

"Instead, his behavior throughout the assessment... was similar to we were having lunch at his country club. There was no indication of alarm."

Diverging Psychiatric Diagnoses

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

Jeffries had been drinking alcohol at the time of the 2018 event and his history showed he continued drinking after being treated, but an expert told the judge he did not think his general alcohol consumption had a significant effect on his condition.

In the wake of the fall, Jeffries experienced psychosis, and started having visions, with one event in 2019 where he was located in his underclothes, incapacitated, in a neighbour's garden.

Doctors from a Federal Medical Center stated that Jeffries was competent after assessing him over an extended period in custody.

They say his mental faculties 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 deterioration that Mr Jeffries has experienced... he still is sharper and more able cognitively than probably 95% of the individuals that we test for competency," said one doctor.

Jeffries, wearing a formal wear in the court, was reported to be cheerful and quite personable during interactions in the facility, and was deliberately pushing boundaries, on occasion using disrespectful terms.

They assessed Jeffries with slight deficits and suggested his testing scores may have improved since 2023 from low or impaired to typical because of sobriety and better medication management during his evaluation.

109 Recorded Conversations Raise Issues

Key to determining fitness is whether Jeffries comprehends the allegations against him, their implications, the {legal proceedings|court process|trial