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Former the fashion retailer chief executive Mike Jeffries was taped saying to his associate that they are finished and in deep trouble if he was deemed competent to face trial on trafficking accusations later this year, a New York federal court has heard.

The taped conversations were included in in excess of 100 telephone conversations between the ex-fashion boss and Matthew Smith referred to during a lengthy mental competency proceeding recently on Long Island.

Jeffries' lawyers assert that he is battling dementia and late onset of Alzheimer's and is incapable to be tried alongside his partner and their accused intermediary in October.

In contrast, prosecutors argue their medical experts determined his mental state has improved and that the conversations show he is extremely preoccupied on being declared not competent.

In additional audio clips, Jeffries states he is wishing for a good outcome, labeling being found fit as a disaster, and instructs a physician: you must find me unfit, the court heard.

Legal Hearings and Medical Evidence

The calls were made the previous year while he was being treated for four months in a treatment center at a federal prison in North Carolina to assess if he could restore his faculties.

The elderly defendant had previously been found not competent previously but correctional authorities then stated in December that he was competent for trial following his evaluation.

Prosecutors informed the judge Jeffries frequently protested life in jail and was recorded telling to Smith how terrible incarceration was, remarking: which is why we got to succeed.

The Case

Jeffries, his partner Smith, 62, and their alleged intermediary James Jacobson, 73, were charged with operating a international trafficking and commercial sex enterprise in October 2024.

They have entered not guilty pleas the allegations, which carry a potential penalty of life imprisonment.

Their detentions followed an exposé that uncovered the trio had been at the core of a complex network scouting individuals for sex internationally while Jeffries was CEO of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will be tried after reviewing the evidence of six experts - psychologists, specialists and medical experts, including correctional physicians - who were examined in court during the hearing.

'Inappropriate' Behavior

Several defense witnesses, testify that Jeffries is cognitively impaired due to the residual effects of a brain trauma, suspected dementia and Alzheimer's disease.

They stated that Jeffries shows unfiltered and socially inappropriate conduct, which is part of a range of symptoms.

Instances involve Jeffries referring to the prosecution's psychologist a derogatory term, complimenting her hair, informing another expert his clothing was poorly tailored, and referring to his partner Smith as a midget, they say.

He was also taped in minute detail on about 20 prison calls discussing his trips abroad for the near future, despite having been on house arrest since 2024.

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

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

In contrast, the defense's medical experts counter, stating it instead points to that Jeffries fails to recall his conditions and the gravity of the situation.

"He lacked the appropriate emotional response that I would anticipate someone to have who is confronting such serious allegations," testified one doctor who evaluated Jeffries.

"Rather, his demeanor throughout the assessment... was almost like we were having a meal at his club. There was no sense of alarm."

Diverging Medical Assessments

Evidence indicated there is information that Jeffries' mental decline began in 2013, when scans showed mild atrophy, which was exacerbated by a incident in 2018.

Jeffries had been intoxicated at the time of the 2018 event and his medical records showed he persisted in drinking after being hospitalized, but an expert told the judge he did not think his typical alcohol consumption had a significant effect on his health.

Following the fall, Jeffries experienced psychosis, and started having visions, with one incident in 2019 where he was located in his underclothes, incapacitated, in a neighbor's yard.

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

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 deterioration that Mr Jeffries has experienced... he still is brighter and more functioning mentally than probably 95% of the patients that we evaluate for competency," testified one expert.

Jeffries, dressed in a business attire in the hearing, was described as cheerful and quite engaging during meetings in the facility, and was purposely testing the limits, at times using disrespectful terms.

They found Jeffries with slight deficits and said his testing scores may have gotten better since 2023 from low or deficient to average because of stopping drinking and better medication management during his stay.

109 Recorded Conversations Present Concerns

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