I was responding specifically to the OP's statement here about giving away 100% of the coins. If you don't give away the coins but instead sell them (or do anything else like pretend to give them away while actually keeping them or giving them to privileged affiliated parties) you are likely taking a bigger risk.
And thus my point was that it can't proven that you gave away 100% and thus the implicit distinction you made was impossible.
Economic reality, as you said. If you really give away the coins and the money really doesn't flow into your pocket, that's one thing. If you "give away the coins" and then next day you happen to mysteriously discover funds to buy a Lambo, that's something else. Much better chance to end up in the slammer in the latter case (though both may still be small risks in an absolute sense, or not).
If you want 100% guarantees, too damn bad. They don't exist. You could do absolutely nothing having to do with coins/investments/securities and the next day you could be out jogging instead of inside coding and get hit in the head by a meteorite and killed. Everything in life is deciding which risks to take, and even then accepting that much is unknowable and uncontrollable.