
A US court has ruled that Abercrombie & Fitch must cover former CEO Mike Jeffries’ legal fees as he defends against sex trafficking charges, despite the company’s stated disgust with his alleged conduct.
The fashion brand had attempted to avoid payment by arguing the charges—alleging Jeffries ran an international prostitution and sex trafficking operation—related to his personal life rather than his professional role. However, Judge Paul Fioravanti determined that the “horrific” charges filed last year were connected to Jeffries’ position as CEO, citing an indemnification agreement signed when Jeffries resigned in 2014.
This ruling creates significant financial implications for Abercrombie & Fitch, a billion-dollar company with over 750 stores worldwide, including the Hollister brand. Legal experts estimate the company’s costs will likely reach millions of dollars.
Questions remain about why A&F established such a comprehensive indemnity agreement when Jeffries departed more than a decade ago. The company has declined to comment on whether it was aware of any allegations against Jeffries at that time.
Jeffries, who led the retailer for 22 years, is currently free on bail after pleading not guilty alongside his British partner, Matthew Smith, and alleged trafficking middleman James Jacobson. The arrests followed a 2023 BBC investigation revealing a sophisticated operation recruiting young men for sex across the US and internationally.
“Jeffries’s conduct, as alleged in the indictment, as horrific as it is, has a causal connection to his official capacity and status as CEO of Abercrombie,” Judge Fioravanti stated in his ruling.
Beyond criminal case expenses, A&F was previously ordered to pay Jeffries’ civil case fees on similar grounds. The company also faces multiple lawsuits from alleged victims claiming A&F facilitated and funded Jeffries’ “criminal enterprise.”
Former federal prosecutor Neama Rahmani called the A&F agreement “unique” in covering criminal conduct: “Generally, criminal conduct is not something that you can insure for because it falls outside the scope of any company’s business.”
The criminal charges against Jeffries span 2008 to 2015. US prosecutors allege he exploited his position as CEO to “traffic men for his own sexual pleasure” and that of his partner.
While not criminally charged, A&F must now reimburse Jeffries for legal fees dating back to 2023 and advance funds for his ongoing defense. The company may incur additional costs from civil cases if courts order compensation or settlements are reached.
Despite the serious allegations, A&F continues reporting record sales of $4.95 billion in the past year. Law professor Heather Cucolo noted the company appears to have successfully managed public perception without financial detriment.
Following the investigation, A&F launched an independent review and suspended Jeffries’ $1 million annual retirement payments, stating that new leadership has transformed the company with “zero tolerance for abuse, harassment or discrimination.”
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