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Monday, October 12, 2026
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Jail Phone Call Recordings Spark Doubts Over Former Abercrombie CEO's Competency for Legal Case

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The 81-year-old had previously been found cognitively impaired this past May.

One-time Abercrombie & Fitch top executive Mike Jeffries was recorded informing his associate that they were screwed and in deep trouble if he was found competent to face trial on human trafficking allegations this autumn, a federal court in NY has been told.

The audio were included in in excess of 100 telephone conversations between the former retail executive and Matthew Smith played during a four-day fitness to stand trial proceeding on Long Island on Long Island.

Jeffries' attorneys assert that he is suffering with cognitive decline and the onset of Alzheimer's and is incapable to be tried alongside his partner and their alleged facilitator in October.

However, government lawyers contend their doctors determined his health has gotten better and that the conversations reveal he is remarkably focused on being declared incompetent.

In further tapes, Jeffries is heard saying he is wishing for a favorable ruling, labeling being deemed competent as a calamity, and instructs a physician: you had better declare me unfit, the judge heard.

Court Process and Health Testimony

The calls were recorded the previous year while he was being evaluated for a period of months in a psychiatric facility at a federal prison in North Carolina to see if he could restore his faculties.

The octogenarian had in the past been deemed mentally incompetent previously but prison officials then announced in December that he was fit for proceedings subsequent to his hospital stay.

Prosecutors told the judge Jeffries frequently complained about life in jail and was heard telling to Smith how horrible incarceration was, stating: so we must make this work.

The Case

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

They have pleaded not guilty the charges, which carry a potential penalty of a life term.

Their arrests were prompted by an exposé that uncovered the trio had been at the heart of a sophisticated scheme recruiting men for sex around the world while Jeffries was CEO of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will stand trial after weighing the evidence of several professionals - forensic psychologists, specialists and brain specialists, including correctional physicians - who were examined in court recently.

'Inappropriate' Behaviour

Three defense witnesses, testify that Jeffries is legally unfit due to the residual effects of a brain trauma, probable a form of dementia and Alzheimer's disease.

They stated that Jeffries shows disinhibited and off-color conduct, which is consistent with a spectrum of cognitive symptoms.

Instances involve Jeffries referring to the prosecution's psychologist a insult, praising her hair, telling another expert his clothing was poorly tailored, and describing his partner Smith as a midget, the court heard.

He was also recorded in great detail on approximately 20 jail conversations talking about his trips abroad for the next few months, despite having been on house arrest since 2024.

"I can't go on trips without you," Jeffries was recorded telling Smith from prison.

The prosecution argue this shows his recognition that he would go free if he was found incompetent and the indictment were dismissed.

However, the defence's witnesses disagree, stating it instead underscores that Jeffries has forgotten his conditions and the gravity of the charges.

"I didn't see the expected reaction that I would expect someone to have who is confronting such serious charges," said one doctor who assessed Jeffries.

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

Opposing Medical Assessments

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

Jeffries had been drinking alcohol at the moment of the 2018 incident and his history showed he continued drinking after being treated, but an expert told the judge he did not think his general drinking had a significant effect on his condition.

In the wake of the fall, Jeffries suffered a psychotic break, and began seeing things, with one incident in 2019 where he was discovered in his underwear, immobile, in a nearby property.

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Medical professionals from a treatment facility stated that Jeffries was fit after assessing 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 definitively confirmed until an autopsy could be performed.

"Even given the reduction that Mr Jeffries has suffered... he still is sharper and more capable mentally than probably 95% of the patients that we test for competency," stated one expert.

Jeffries, dressed in a formal wear in the courtroom, was described as lighthearted and fairly engaging during meetings in the facility, and was intentionally being provocative, at times using informal terms.

They diagnosed Jeffries with slight deficits and indicated his results may have improved since 2023 from borderline or deficient to normal because of abstinence from alcohol and better management of prescriptions during his evaluation.

109 Prison Calls Present Concerns

Central to establishing fitness is whether Jeffries grasps the allegations against him, their implications, the {legal proceedings|court process|trial

About the author

Sean Schwartz

Elara Vance is a business strategist with over 15 years of experience in corporate innovation and digital transformation, specializing in helping SMEs scale effectively.

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