Former Abercrombie & Fitch CEO Mike Jeffries was recorded telling his British partner Matthew Smith that if he was found fit to stand trial on sex trafficking charges, they would be ‘screwed’ and in ‘big trouble,’ a New York federal court has heard. The audio was part of more than 100 phone calls between Jeffries and Smith, presented during a four-day mental competency hearing on Long Island in early 2025.

Legal Battle Over Mental Fitness

Jeffries, 81, and his partner Smith, 62, along with their alleged middleman James Jacobson, 73, face charges of running a global sex trafficking and prostitution business. All three have pleaded not guilty to the charges, which carry a maximum sentence of life in prison. Their arrests followed an October 2023 BBC investigation and an ongoing podcast series that exposed the trio’s operations during Jeffries’ tenure as CEO of Abercrombie & Fitch.

Jeffries’ defense team argues that he suffers from dementia and late-onset Alzheimer’s disease and is unfit to face trial. They presented evidence from three medical experts who claim Jeffries exhibits ‘disinhibited’ and socially ‘inappropriate’ behavior, including calling a prosecutor’s psychologist a ‘cunning bitch’ and complimenting her hair. These behaviors, they say, are symptoms of his declining mental state.

Jeffries’ lawyers have pointed to a 2018 fall in Cape Town, South Africa, which led to hospitalization and ongoing cognitive decline; MRI and CT scans from 2013 showed ‘mild atrophy’ in his brain, which worsened after the incident. Jeffries’ continued alcohol use after his hospitalization, according to his medical records, may have exacerbated his condition.

Prosecutors’ Counterarguments

Prosecutors, however, argue that Jeffries’ mental condition has improved and that the prison phone call recordings show he is ‘incredibly focused’ on being found incompetent, as they presented testimony from two experts from the Federal Medical Center in Butner, North Carolina, who assessed Jeffries over four months in prison. Dr. Tracy O’Connor Pennuto. A neuropsychologist. Stated that Jeffries’ cognitive abilities were not consistent with Alzheimer’s disease and that he was ‘brighter and more capable cognitively than probably 95% of the patients’ they assess for competency.

Pennuto noted that Jeffries was ‘jovial’ and ‘fairly charismatic’ during their interactions in prison, often joking with her and even suggesting they could be married. His testing scores had improved from ‘borderline’ or ‘impaired’ to ‘average’ due to abstinence from alcohol and better medication management during his stay.

Dr. Cassondra Morris. A forensic psychologist. Added that Jeffries was ‘very interested’ in increasing his prison privileges and was moved from a ‘semi secure unit’ to ‘general population’ with his cell door unlocked most of the day. This, she argued, showed he did not require round-the-clock care, contradicting the defense’s claims.

Jeffries was recorded in ‘excruciating detail’ on about 20 prison calls discussing his international travel plans for the next few months, despite being on house arrest since 2024. Prosecutors argue this shows he is aware that he would regain his freedom if he was ruled incompetent and the charges were dropped.

Key Legal Deadlines and Implications

Judge Nusrat J. Choudhury is expected to rule in May on whether Jeffries will stand trial after considering the testimony of six experts, including forensic psychologists, psychiatrists, and neurologists. The decision will have significant implications for the legal proceedings and the potential outcome for Jeffries and his co-defendants.

The defense’s experts, including Dr. Alexander Bardey, a forensic psychiatrist, argue that Jeffries’ manner during evaluations was ‘almost like we were having lunch at his country club,’ with no sense of alarm or distress. Bardey said Jeffries did not demonstrate the appropriate emotional response expected from someone facing such grave charges.

Jeffries’ legal team emphasized that the key to determining competency is whether he understands the charges against him, their consequences, the legal proceedings, and can assist with his own defense. They argue he cannot and is unable to name his charges and has ‘significant gaps in his biographical narrative,’ such as the dates of his education.

Jeffries described being found guilty as a ‘money grab’ and not as a potential prison sentence, according to Bardey, suggesting he did not understand the criminal process. However, prosecutors noted that Jeffries has already had $11 million in cash seized by the US government and may be ordered to compensate victims if found guilty.

The case has drawn significant public and media attention, with the prison phone call recordings playing a central role in the ongoing legal battle. The outcome of Judge Choudhury’s decision in May could determine whether Jeffries faces trial and the future of the charges against him and his co-defendants.