Prison Phone Call Audio Spark Doubts Over Ex-Abercrombie Executive's Fitness for Legal Case

One-time Abercrombie & Fitch chief executive Mike Jeffries was heard on tape telling his British partner that they are in serious trouble and in deep trouble if he was found fit to stand trial on human trafficking accusations later this year, a New York federal court has learned.

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

Jeffries' lawyers contend that he is coping with dementia and the onset of Alzheimer's disease and is unfit to be tried next to his partner and their accused facilitator in October.

Nevertheless, government lawyers contend their doctors determined his mental state has stabilized and that the conversations demonstrate he is extremely focused on being ruled not competent.

In further audio clips, Jeffries says he is wishing for a favorable ruling, labeling being found fit as a catastrophe, and instructs a physician: you must rule me unfit, the Central Islip court was told.

Judicial Hearings and Medical Opinions

The calls were recorded in the past year while he was being evaluated for several months in a psychiatric facility at a federal prison in North Carolina to assess if he could restore fitness.

The octogenarian had previously been found mentally incompetent previously but facility staff then declared in December that he was able for proceedings following his treatment period.

Prosecutors advised the judge Jeffries repeatedly griped about prison conditions and was caught on tape explaining to Smith how horrible incarceration was, adding: that's why we have to succeed.

Background

Jeffries, his partner Smith, 62, and their accused intermediary James Jacobson, 73, were indicted with operating a global sex trafficking and commercial sex business in October 2024.

They have denied the charges, which could result in a potential penalty of life in prison.

Their being taken into custody were prompted by an investigation that uncovered the three had been at the centre of a elaborate scheme recruiting young men for sex internationally while Jeffries was chief executive of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will stand trial after reviewing the testimony of several professionals - forensic psychologists, specialists and medical experts, including prison doctors - who were cross-examined in proceedings during the hearing.

'Inappropriate' Behaviour

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 said under oath that Jeffries demonstrates unfiltered and socially inappropriate conduct, which is consistent with a range of symptoms.

Examples include Jeffries calling the prosecutor's psychologist a cunning bitch, praising her hair, telling another expert his clothing was badly made, and referring to his partner Smith as a derogatory term, the court heard.

He was also recorded in great detail on around 20 jail conversations talking about his international travel plans for the near future, even though having been on restricted movement since 2024.

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

The prosecution contend this shows his recognition that he would go free if he was ruled incompetent and the case were dropped.

Conversely, the defence's witnesses disagree, saying it instead highlights that Jeffries fails to recall his conditions and the severity of the charges.

"He lacked the normal reaction that I would anticipate someone to have who is facing such severe allegations," testified one expert who evaluated Jeffries.

"On the contrary, his manner throughout the assessment... was similar to we were having a chat at his country club. There was no sign of anxiety."

Diverging Medical Diagnoses

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

Jeffries had been intoxicated at the time of the 2018 incident and his medical records showed he kept on drinking subsequent to being hospitalised, but an expert told the judge he did not think his overall intake had a significant effect on his condition.

Following the fall, Jeffries experienced psychosis, and began having visions, with one incident in 2019 where he was located in his underwear, unable to move, in a nearby property.

Doctors from a prison hospital stated that Jeffries was fit after observing him over four months in the facility.

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

"Even given the deterioration that Mr Jeffries has undergone... he still is brighter and more able mentally than probably 95% of the inmates that we assess for competency," testified one expert.

Jeffries, wearing a suit and tie in the court, was reported to be lighthearted and quite charismatic during interactions in the facility, and was intentionally pushing boundaries, sometimes using informal address.

They diagnosed Jeffries with minor cognitive impairments and indicated his testing scores may have risen since 2023 from low or deficient to typical because of sobriety and more consistent medication management during his confinement.

109 Prison Calls Raise Issues

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