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Ex- Abercrombie & Fitch top executive Mike Jeffries was heard on tape telling his British partner how they were finished and in grave danger if he was declared competent to go to trial on trafficking accusations this autumn, a US district court has been told.

The audio were included in more than 100 recorded calls between the one-time CEO and Matthew Smith cited during a multi-day legal competency session recently on Long Island.

Jeffries' attorneys assert that he is battling dementia and late onset of the disease and is unfit to be tried together with his partner and their accused intermediary in October.

However, government lawyers contend their doctors determined his condition has stabilized and that the conversations show he is remarkably preoccupied on being declared unfit.

In further tapes, Jeffries states he is hoping for a good outcome, characterizing being deemed competent as a catastrophe, and instructs a physician: you better declare me incompetent, the judge heard.

Judicial Process and Medical Evidence

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

The elderly defendant had previously been found legally unfit in May but facility staff then declared in December that he was able for trial following his evaluation.

The prosecution told the judge Jeffries repeatedly complained about incarceration and was recorded describing to Smith how awful jail was, stating: so we have to pull this off.

The Case

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

They have denied the accusations, which could result in a potential penalty of life imprisonment.

Their detentions followed an investigation that showed the trio had been at the heart of a sophisticated network recruiting men for sex around the world while Jeffries was chief executive of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will decide in May about whether Jeffries will stand trial after reviewing the statements of six experts - forensic psychologists, specialists and brain specialists, including prison doctors - who were questioned in court during the hearing.

'Inappropriate' Behavior

Several defense witnesses, argue that Jeffries is mentally incompetent due to the lingering impact of a traumatic brain injury, probable dementia and Alzheimer's disease.

They said under oath that Jeffries exhibits socially inappropriate and socially inappropriate behaviour, which is symptomatic of a range of symptoms.

Instances involve Jeffries calling the prosecutor's psychologist a insult, praising her hair, telling another expert his clothing was poorly tailored, and describing his partner Smith as a dwarf, according to testimony.

He was also taped in great detail on approximately 20 prison calls discussing his international travel plans for the near future, notwithstanding having been on restricted movement since 2024.

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

The prosecution argue this demonstrates his understanding that he would be released if he was declared unfit and the indictment were dropped.

Conversely, the defence's witnesses disagree, stating it instead highlights that Jeffries has forgotten his legal restrictions and the gravity of the case.

"He lacked the appropriate emotional response that I would anticipate someone to have who is up against such grave charges," said one doctor who reviewed Jeffries.

"Rather, his demeanor during the assessment... was similar to we were having a meal at his home. There was no indication of alarm."

Diverging Neurological Diagnoses

Reports indicated there is evidence that Jeffries' mental decline started in 2013, when imaging showed mild atrophy, which was exacerbated by a incident in 2018.

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

Following the fall, Jeffries became psychotic, and started hallucinating, with one event in 2019 where he was discovered in his underclothes, immobile, in a nearby property.

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

They contend his intellectual functioning were not consistent with Alzheimer's disease, which the court heard could not be conclusively diagnosed until an examination could be performed.

"Even given the declines that Mr Jeffries has suffered... he still is more capable and more functioning mentally than probably 95% of the individuals that we test for competency," said one neuropsychologist.

Jeffries, wearing a formal wear in the hearing, was described as lighthearted and quite charismatic during evaluations in the facility, and was deliberately testing the limits, at times using disrespectful language.

They diagnosed Jeffries with slight deficits and indicated his testing scores may have improved since 2023 from borderline or impaired to typical because of abstinence from alcohol and improved medication management during his stay.

109 Jail Recordings Prompt Questions

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