OK, but it doesn’t appear they KNOWINGLY used asymmetrical cards. It seems they are a victim of a manufacturing defect, IMHO.
Ivey KNOWINGLY new the cards were different.
At least that is how I see a difference.
Similarly, if a slot machine flubs up and starts paying out when it shouldn’t that is a result of faulty equipment. (Though somewhere I read/watched about a ring of guys who learned how to “break” certain slot machines for millions - which they largely pissed away.)