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Former A&F CEO Mike Jeffries was taped saying to his British partner that they were finished and in big trouble if he was deemed competent to go to trial on human trafficking allegations in the coming months, a New York federal court has been told.

The audio were among over 100 phone calls between the ex-fashion boss and Matthew Smith cited during a four-day fitness to stand trial proceeding recently on Long Island.

Jeffries' legal team argue that he is suffering with dementia and the onset of the disease and is unfit to face trial next to his partner and their alleged middleman in October.

Nevertheless, government lawyers argue their doctors concluded his condition has gotten better and that the conversations show he is remarkably preoccupied on being found incompetent.

In further audio clips, Jeffries states he is hoping for a good outcome, labeling being ruled able as a calamity, and tells a medical professional: you better rule me incompetent, the court was told.

Legal Hearings and Medical Testimony

The calls were taped last year while he was being treated for a period of months in a treatment center at a US prison in North Carolina to determine if he could regain fitness.

The octogenarian had in the past been deemed not competent previously but facility staff then stated in December that he was fit for trial subsequent to his evaluation.

The prosecution advised the judge Jeffries repeatedly complained about incarceration and was heard explaining to Smith how awful jail was, remarking: that's why we got 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 prostitution operation in October 2024.

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

Their detentions were prompted by an report that uncovered the trio had been at the heart of a elaborate scheme scouting young men for sex internationally while Jeffries was the head of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will decide in May about whether Jeffries will be tried after weighing the evidence of multiple specialists - experts, doctors and neurologists, including correctional physicians - who were examined in proceedings this week.

'Disinhibited' Conduct

Several medical witnesses for the defense, maintain that Jeffries is cognitively impaired due to the lingering impact of a brain trauma, likely Lewy body dementia and Alzheimer's disease.

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

Instances are Jeffries referring to the prosecution's expert witness a derogatory term, complimenting her hair, informing another expert his clothing was poorly tailored, and referring to his partner Smith as a midget, the court heard.

He was also recorded in great detail on approximately 20 recorded calls talking about his trips abroad for the coming months, even though having been on house arrest since 2024.

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

Prosecutors contend this shows his awareness that he would regain his freedom if he was ruled unfit and the indictment were dropped.

In contrast, the defence's witnesses disagree, stating it instead points to that Jeffries has forgotten his conditions and the seriousness of the charges.

"There wasn't the normal emotional response that I would expect someone to have who is confronting such serious allegations," said one forensic psychiatrist who reviewed Jeffries.

"Rather, his behavior throughout the evaluation... was as if we were having a chat at his country club. There was no indication of distress."

Diverging Psychiatric Diagnoses

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

Jeffries had been drinking alcohol at the time of the 2018 incident and his medical records showed he continued drinking following being hospitalized, but an expert told the judge he did not think his general intake had a significant effect on his condition.

After the fall, Jeffries became psychotic, and started hallucinating, with one event in 2019 where he was found in his underclothes, incapacitated, in a neighbour's garden.

Medical professionals from a treatment facility stated that Jeffries was able after observing him over several months in custody.

They contend his intellectual functioning did not align with Alzheimer's disease, which the court heard could not be absolutely determined until an examination could be performed.

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

Jeffries, dressed in a formal wear in the court, was reported to be jovial and quite charismatic during interactions in the facility, and was deliberately testing the limits, on occasion using familiar language.

They found Jeffries with minor cognitive impairments and said his testing scores may have risen since 2023 from low or impaired to normal because of abstinence from alcohol and better treatment during his stay.

109 Recorded Conversations Raise Questions

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