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One-time the fashion retailer CEO Mike Jeffries was heard on tape saying to his associate that they'd be in serious trouble and in deep trouble if he was deemed competent to go to trial on trafficking accusations this autumn, a federal court in NY has been told.

The recordings were included in in excess of 100 recorded calls between the one-time CEO and Matthew Smith played during a four-day mental competency session recently on Long Island.

Jeffries' legal team assert that he is suffering with cognitive decline and late onset of Alzheimer's disease and is not competent to stand trial next to his partner and their alleged intermediary in October.

Nevertheless, prosecutors say their medical experts concluded his health has gotten better and that the calls demonstrate he is incredibly fixated on being declared unfit.

In additional audio clips, Jeffries states he is wishing for a favorable ruling, characterizing being ruled able as a calamity, and tells a physician: you must rule me incompetent, the court learned.

Court Hearings and Medical Testimony

The calls were taped the previous year while he was being evaluated for several months in a psychiatric facility at a US prison in North Carolina to see if he could restore competency.

The octogenarian had previously been found mentally incompetent previously but prison officials then declared in December that he was fit for proceedings following his hospital stay.

Government attorneys advised the judge Jeffries frequently protested life in jail and was caught on tape describing 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 purported go-between James Jacobson, 73, were indicted with orchestrating a global human trafficking and prostitution operation in October 2024.

They have entered not guilty pleas the allegations, which could result in a maximum sentence of a life term.

Their detentions followed an exposé that revealed the trio had been at the core of a complex network recruiting men for sex around the world while Jeffries was CEO of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will rule in May about whether Jeffries will be tried after considering the statements of several professionals - psychologists, psychiatrists and brain specialists, including facility doctors - who were cross-examined in the courtroom recently.

'Inappropriate' Conduct

Three defense witnesses, argue that Jeffries is cognitively impaired due to the lingering impact of a head injury, likely Lewy body dementia and Alzheimer's disease.

They stated that Jeffries exhibits disinhibited and off-color conduct, which is symptomatic of a spectrum of symptoms.

Reported incidents are Jeffries calling the prosecution's expert witness a insult, complimenting her hair, informing another expert his clothing was badly made, and describing his partner Smith as a derogatory term, the court heard.

He was also taped in excruciating detail on approximately 20 prison calls talking about his international travel plans for the coming months, despite having been on restricted movement since 2024.

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

Prosecutors argue this indicates his awareness that he would regain his freedom if he was declared unfit and the charges were dropped.

In contrast, the defense's expert witnesses counter, stating it instead underscores that Jeffries has forgotten his court-ordered limits and the severity of the situation.

"He lacked the expected affect that I would expect someone to have who is up against such grave allegations," stated one doctor who assessed Jeffries.

"On the contrary, his manner during the examination... was as if we were having a meal at his club. There was no sign of alarm."

Conflicting Psychiatric Opinions

Testimony indicated there is data that Jeffries' mental decline commenced in 2013, when imaging showed mild atrophy, which was accelerated by a accident in 2018.

Jeffries had been intoxicated at the moment of the 2018 event and his history showed he persisted in drinking subsequent to being hospitalized, but an expert told the judge he did not think his typical drinking had a significant effect on his state.

Following the fall, Jeffries suffered a psychotic break, and began seeing things, with one episode in 2019 where he was discovered in his underwear, unable to move, in a neighbour's garden.

Experts from a treatment facility said that Jeffries was able after evaluating him over an extended period in the facility.

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

"Even given the deterioration that Mr Jeffries has undergone... he still is more capable and more able intellectually than probably 95% of the patients that we assess for fitness," testified one neuropsychologist.

Jeffries, wearing a suit and tie in the courtroom, was described as jovial and quite charismatic during meetings in prison, and was deliberately pushing boundaries, at times using familiar address.

They diagnosed Jeffries with slight deficits and indicated his performance on tests may have improved since 2023 from borderline or deficient to normal because of sobriety and more consistent medication management during his evaluation.

109 Prison Calls Present Questions

Central to determining fitness is whether Jeffries understands the charges against him, their penalties, the {legal proceedings|court process|trial