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The former CEO of Abercrombie & Fitch (A&F) has dementia and Alzheimer’s disease, his legal team said in a New York court filing.
Mike Jeffries’ attorneys have requested a hearing to determine whether he is in good standing to plead guilty to sex trafficking charges.
The 80-year-old man was arrested along with his partner in October and charged with running a sex and prostitution business. Both men pleaded not guilty.
The alleged art trial is scheduled for June next year.
Mr Jeffries, who ran US clothing company A&F for two decades, is accused of running a prostitution and prostitution business from 2008-2015.
US prosecutors say he used his wealth, power and position to “sell men for sex”.and cheering on fellow Briton Matthew Smith, 61.
He said the couple, along with their middle partner James Jacobson, 71, used force, deception and coercion to manipulate vulnerable people into committing acts of violence and abuse.
All three men pleaded not guilty and were released on bond.
The FBI launched an investigation last year after the BBC revealed that Mr Jeffries and Mr Smith had sexually assaulted men at events around the world.
The BBC researchpublished in October 2023, it found that the two were in serious trouble involving a middle man who was looking for boys to sleep with.
That same month, Brian Bieber, Jeffries’ attorney, said his client underwent several tests by a psychiatrist who later diagnosed him with two types of dementia and late-onset Alzheimer’s disease.
In the court filing, Mr. Bieber added that at the first meeting last year, the former fashion boss “didn’t look like a man with a master’s degree, who was nine years earlier the CEO of a mass-market company”.
As a result, Mr. Bieber questioned Mr. Jeffries’ ability to “assist intelligently” with the facts and defense of the charges against him, according to the affidavit.
The hearing comes after Mr Jeffries’ legal team called for a technical hearing, which will take place over two days on 16 and 17 June 2025.
Prosecutors for the Eastern District of New York declined to comment.
Mr Jeffries stepped down as CEO and chairman of A&F in 2014, and walked away with a $25m (£19.9m) retirement package.
Along with the lawsuit, A&F, Mr. Jeffries and a partner have been defending a civil suit accusing the retailer of subsidizing prostitution.
Earlier this month, Jeffries sued A&F after they refused to pay his defense feesHe argues that the nation agreed to remove him from all charges arising from his position.
Heather Cucolo, a New York Law School professor specializing in mental retardation and criminal law, said there are few statistics on how judges deal with dementia but medical professionals need to evaluate before making a final decision.
“If Mike Jeffries is found guilty, the case will go forward,” he said. “But if he is found to be incompetent, and it is found that there is no reasonable possibility that his competence will be restored, then the charges must be dropped.”
His partner Matthew Smith and James Jacobson could be tried but prosecutors would have to rely on independent evidence if Jeffries is found incompetent to testify as a witness, he said.
