I can't really see the problem here. The employee made a bet. Sure, he used information not commonly available, but he didn't do it on his own site. And it was still a bet, not something that was guaranteed to win. If I was employed by a horse racing trainer, and I happened to know certain information about the preparation of a particular horse, which the public hadn't factored into the available odds, and I placed a…
The fact that it is a bet, and might not always pay out, is irrelevant. If you keep using insider information, on average you will profit from it.