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Ex- the fashion retailer CEO Mike Jeffries was heard on tape informing his associate that they are finished and in deep trouble if he was found competent to go to trial on trafficking charges in the coming months, a federal court in NY has learned.

The taped conversations were included in more than 100 phone calls between the ex-fashion boss and Matthew Smith cited during a multi-day fitness to stand trial proceeding on Long Island on Long Island.

Jeffries' attorneys contend that he is coping with dementia and late onset of Alzheimer's and is incapable to stand trial together with his partner and their purported intermediary in October.

In contrast, prosecutors contend their medical experts concluded his mental state has improved and that the calls demonstrate he is remarkably preoccupied on being found incompetent.

In additional tapes, Jeffries states he is hoping for a good outcome, characterizing being deemed competent as a disaster, and tells a medical professional: you better find me incompetent, the Central Islip court heard.

Judicial Process and Medical Opinions

The recordings were taped the previous year while he was being treated for four months in a psychiatric facility at a correctional institution in North Carolina to see if he could recover competency.

The 81-year-old had previously been found not competent last May but facility staff then announced in December that he was fit for trial following his hospital stay.

The prosecution told the court Jeffries often protested prison conditions and was caught on tape describing to Smith how awful prison was, adding: so we got to make this work.

The Case

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

They have pleaded not guilty the allegations, which have a potential penalty of life imprisonment.

Their arrests came after an investigation that uncovered the group had been at the centre of a elaborate operation scouting young men for sex internationally while Jeffries was the head of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after weighing the statements of multiple specialists - forensic psychologists, specialists and brain specialists, including correctional physicians - who were cross-examined in court this week.

'Unrestrained' Behavior

A trio of defence experts, testify that Jeffries is cognitively impaired due to the after-effects of a head injury, likely dementia and Alzheimer's disease.

They testified that Jeffries demonstrates unfiltered and socially inappropriate behaviour, which is symptomatic of a set of dementia symptoms.

Reported incidents involve Jeffries referring to the prosecution's expert witness a derogatory term, remarking on her hair, telling another expert his clothing was poorly tailored, and referring to his partner Smith as a derogatory term, the court heard.

He was also taped in excruciating detail on approximately 20 recorded calls planning his travel itinerary for the next few months, notwithstanding having been on house arrest since 2024.

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

Prosecutors argue this indicates his awareness that he would go free if he was ruled incompetent and the indictment were dropped.

In contrast, the defence's witnesses have a different view, arguing it instead points to that Jeffries fails to recall his conditions and the severity of the case.

"There wasn't the normal emotional response that I would expect someone to have who is facing such severe charges," testified one expert who reviewed Jeffries.

"Instead, his manner throughout the evaluation... was almost like we were having a chat at his country club. There was no sign of distress."

Opposing Psychiatric Opinions

Testimony indicated there is evidence that Jeffries' cognitive deterioration started in 2013, when scans showed reduction in volume, which was exacerbated by a accident in 2018.

Jeffries had been intoxicated at the time of the 2018 fall and his history showed he kept on drinking following being treated, but an expert told the judge he did not think his overall drinking had a decisive influence on his health.

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

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

They contend his cognitive abilities were not consistent with Alzheimer's disease, which the court heard could not be definitively confirmed until an examination could be performed.

"Even given the declines that Mr Jeffries has suffered... he still is more capable and more able mentally than probably 95% of the individuals that we evaluate for competency," testified one doctor.

Jeffries, wearing a business attire in the hearing, was reported to be lighthearted and quite engaging during evaluations in the facility, and was deliberately pushing boundaries, on occasion using disrespectful address.

They found Jeffries with slight deficits and suggested his results may have gotten better since 2023 from low or deficient to typical because of sobriety and better management of prescriptions during his evaluation.

109 Jail Recordings Prompt Concerns

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