If you read the SEC regs I linked to, you'll see he doesn't need to file before he sells, just after. If you think otherwise, a link to something official would help.
My bolding
"The SEC deems the following persons to be affiliates of the company: an executive officer, general partner or managing member of an affiliate or a director who is also an employee of an affiliate. Under a safe harbor, the SEC has said that an audit committee member who is not an executive officer, director or shareholder of more than 10 percent of any class of the company's equity securities will not be deemed to control the company and, thus, will not be an "affiliate" of the company."
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