BBC News
Former Abercrombie & Fitch CEO Mike Jeffries was recorded expressing concern to his British partner, Matthew Smith, noting that they would be “screwed” and in “big trouble” if he was determined fit to stand trial on allegations of sex trafficking. This revelation emerged during a four-day mental competency hearing recently held in a federal court in New York.
These recordings are part of a collection exceeding 100 phone calls between Jeffries and Smith, which were referenced in court. Jeffries’ legal team contends that he suffers from dementia and late-onset Alzheimer's disease, arguing that he is unfit to stand trial alongside Smith and their alleged accomplice in October.
Conversely, prosecutors assert that medical evaluations indicate improvement in Jeffries’ condition, pointing out that the phone calls reveal he is "incredibly focused" on the notion of being declared incompetent. Further recordings captured him expressing hope for a favorable outcome while describing being found fit for trial as a "disaster." At one point, he even stated, “you better find me incompetent,” according to court testimony.
The calls, recorded during his four-month treatment at a federal prison mental health unit in North Carolina, were part of an effort to determine if he could regain the competency required for trial. Last May, Jeffries had been deemed mentally incompetent, but following his stay in a hospital, prison officials declared him fit for trial in December.
In court, prosecutors noted that Jeffries frequently voiced complaints about prison conditions, candidly discussing the "horrible" nature of jail during conversations with Smith, emphasizing, "that’s why we got to pull this off."
In October 2024, Jeffries, Smith, and their alleged middleman, James Jacobson, were charged with operating a global sex trafficking operation. They have all pleaded not guilty to the charges, which could result in life sentences if convictions are secured.
These arrests followed a BBC investigation in October 2023 and an ongoing podcast series that unveiled the trio's involvement in a complex operation targeting young men for sex while Jeffries held the position of CEO at Abercrombie & Fitch.
Judge Nusrat J. Choudhury is expected to render a decision on Jeffries' trial status in May, after evaluating testimonies from six experts—including forensic psychologists, psychiatrists, and neurologists, some of whom were cross-examined during the week-long proceedings.
'Disinhibited' behaviour
The defense's medical experts, Dr. Jacqueline C. Valdes, Dr. Alexander Bardey, and Dr. Miranda Rosenberg, claim that Jeffries is mentally incompetent, attributing this to the lingering effects of a traumatic brain injury along with probable Lewy body dementia and Alzheimer's disease. They indicated that his behavior reflects "disinhibited" and socially "inappropriate" tendencies consistent with dementia symptoms.
For instance, Jeffries was reported to have referred to the prosecutor's psychologist as a "cunning bitch" and made unsolicited remarks about her hair, alongside comments to Bardey regarding his clothing being "poorly tailored" and referring to his partner Smith as a "dwarf."
Moreover, Jeffries reportedly discussed his upcoming international travel plans in detail during approximately 20 prison calls, despite being under house arrest since 2024. He told Smith, "I don't want to go on trips without you," indicating an awareness that his freedom might hinge on a ruling of incompetency that could result in dropped charges.
However, Rosenberg and Bardey opine that this showcases Jeffries’ failure to grasp the seriousness of his predicament and the restrictions imposed upon him. Bardey stated, “There wasn't the appropriate emotional response that I would expect someone to have who is facing such grave charges, who might end up, if found guilty, dying in prison.” He elaborated, noting that Jeffries’ demeanor throughout evaluations appeared as if they were merely having a casual conversation rather than discussing dire legal challenges.
According to Valdes, evidence suggests that Jeffries’ mental decline began in 2013, as MRI and CT scans revealed "mild atrophy," which worsened following a fall in Cape Town in 2018. Although Jeffries was consuming alcohol at the time of the fall and continued to do so after being hospitalized, Bardey contended that his alcohol use did not significantly impact his condition.
Following the incident, Jeffries reportedly exhibited psychotic symptoms, with Smith noting that he began hallucinating and was discovered in a neighbor's garden, unable to move and only in his underwear in 2019.
Dr. Tracy O'Connor Pennuto and Dr. Cassondra Morris from the Federal Medical Center in Butner testified that, during their assessment over four months in prison, they determined Jeffries to be competent. They asserted that his cognitive abilities did not align with those expected of an Alzheimer's patient, as a definitive diagnosis could only be confirmed through an autopsy post-mortem.
Pennuto remarked that even accounting for any cognitive decline, Jeffries remains more cognitively capable than approximately 95% of the patients typically assessed for competency. During courtroom interactions, Jeffries appeared "jovial" and "fairly charismatic," even testing boundaries by casually referring to Pennuto as a "girl."
During one evaluation, he humorously suggested, "We can be married. I'm gay, but that doesn't matter." Their diagnosis indicated "mild neurocognitive deficits," with indications that Jeffries’ cognitive testing scores might have improved from "borderline" or "impaired" to "average," attributed to abstaining from alcohol and better management of his medications during his hospital stay.
Morris noted that Jeffries demonstrated a noticeable interest in enhancing his privileges in prison, having transitioned from a "semi-secure unit" to a "general population" allowing more freedom, which counters the defense's claims that he required constant care.
In July 2025, shortly after being admitted to the federal hospital, he expressed to her his intention to "prove" he was "incompetent," admitting that while he understood it might sound "terrible," he believed it was the "right thing to do."
109 prison calls raise questions
A critical factor in establishing competency is whether Jeffries comprehends the charges against him, the potential consequences, and the legal processes involved, and whether he can assist in his own defense.
The defense's subject matter experts contend that he cannot identify his charges and exhibit notable gaps in his personal history knowledge, including dates related to his education. Jeffries characterized the potential for a guilty verdict as “a money grab,” failing to acknowledge the possibility of incarceration.
Prosecutors countered this portrayal, asserting that both cannot be true; Jeffries previously had $11 million in cash seized by the U.S. government and might be mandated to provide restitution to victims if convicted.
Valdes presented evidence indicating Jeffries struggles with processing speed, attention, and problem-solving skills, stating that in timed assessments, his ability to name fruits and vegetables rested in the lowest 3% among his peers, and his recall of a 16-word list fell within the bottom 1% for individuals his age.
While neither the defense witnesses nor prison doctors posited that Jeffries was "malingering"—intentionally fabricating or overstating his symptoms—prosecutors maintain that the 109 calls made from prison to Smith last year, comprising over 22 hours of audio, alongside recorded evaluations with defense experts, suggest an alternative narrative.
In the recordings, Jeffries discusses defense strategies and expresses the view that “these people were adults, there was no force involved.” He also shares his thoughts on a "fascinating book" he read regarding Conde Nast's history, discusses a television series about two queer hockey players titled Heated Rivalry—though he misremembers it as Fierce Rivalry—and highlights an editorial he read, which suggests the show "represents a change in the gay world."
Prosecutors interpret this as evidence that Jeffries is capable of understanding and retaining information, contrasting with Smith’s testimony to defense experts that suggested the opposite.
Moreover, Jeffries reminisced about his extensive career at Abercrombie & Fitch, emotionally recalling significant milestones, such as driving down Fifth Avenue for the 2005 opening of the flagship store. At one point, he advised defense experts, “Build a story about that. Around that,” regarding his business triumphs.
U.S. prosecutor Erin Reid questioned how Jeffries could remember such significant career episodes yet supposedly forget incidents involving “50 to 60 wild orgies he attended” throughout those years.
Currently, jury selection is scheduled for October 26, and the trial is expected to proceed with Smith and Jacobson, regardless of a ruling on Jeffries’ competency. Last year, a court mandated that Abercrombie & Fitch cover Jeffries’ criminal defense expenses, which legal experts project could reach millions, following an indemnification agreement he entered into when resigning as CEO in 2014.
You can listen to the podcast series, World of Secrets: Season 1 - The Abercrombie Guys on BBC Sounds.
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