I would think the definintion would be something like this - having knowledge of an event concerning a public company before it has been made public or announced.
Doesn`t matter if he was an employee or not. Ask Martha Stewart - she traded on knowledge not public.
If the definintion is narrow like that, then he`s guilty.
I only think hes guilty of trading such an apparently large amount that he was caught by the SEC.
Life aint fair.
Regards