Phil and the expert say:
1) The combination of the specially selected cards, the dealer and companion is a scam.
2) Phil asked the casino beforehand; his 'conditions'
3) nothing wrong from criminal law point of view
4) in practice they used marked cards, with the marking done by the manufacturer
Civil law is a very different story:
1) Borgata found out late and tries to get money back
2) Crockfords played Phils game and kept his money
In any case, it remains bad for the game, players that get an edge using a scam; no different from collusion in poker.