The A BBC investigationpublished in October 2023, it was revealed that the couple were at the center of a complex operation involving an intermediary seeking young men for sex.
In the same month, Brian Bieber, a lawyer for Mr Jeffries, said his client had been examined several times by a neuropsychologist, who later concluded he was suffering from two types of dementia and probable late-stage Alzheimer’s disease.
In a court filing, Mr. Bieber added that when they first met last year, the former fashion mogul “didn’t even look like the guy with a master’s degree who just nine years ago was the chief executive officer of a publicly traded company.” .
As a result, Mr. Bieber questioned Mr. Jeffries’ ability to “rationally assist” with potential factual and legal defenses to the charges he faced, the document said.
The submission comes after Mr Jeffries’ legal team called for a competency hearing, which will now take place over two days on June 16 and 17, 2025.
The U.S. Attorney’s Office 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 A&F’s criminal case, Mr. Jeffries and his partner are defending a civil lawsuit that accuses the retailer of financing the sex-trafficking operation.
Earlier this month Mr Jeffries sued A&F after it refused to pay his criminal defense costsclaiming that the brand had agreed to indemnify him against all claims arising from his position.
Heather Cuccola, a New York School of Law professor who specializes in mental disorders and criminal law, said statistics on how the court system treats dementia are limited, but medical experts must weigh in before a judge makes a final decision.
“If Mike Jeffries is found competent, the case will continue,” she said. “But if he is found to be incompetent, and it is determined that there is no reasonable possibility that his capacity will be restored, then the charges should be dismissed.”
His partner Matthew Smith and James Jacobson could still stand trial, but prosecutors must rely on independent evidence if Mr Jeffries is also found incompetent to testify as a witness, she added.
