Imagine you repeal all accredited investment regs overnight. Which of these seems likely:
- everyone in america invests $1000 in a future facebook, ten years later we're a nation of millionaires.
- 10% of the middle class (a huge number of people) wholly or partially cashes out retirement funds to put too much money into speculative early stage startups chasing fantastic returns. They lose it. Kids lose college funds, adults lose retirement funds, and we / society / government has to pick up the tab when such people get too old to work.
The point is, it's easy to attack these regulations as a barrier to opportunity and an unfair impediment to your right to do whatever you want with your own money. That's fair as far as it goes, but you also have to grapple with the real consequences of changing the policy. I have a hard time with your analysis that accredited investment rules have no "public good."
Phrased differently,the view on the ground in middle America is this: lots of middle-class people buy lottery tickets. Why do you suppose they do that?
I can go to Vegas and lose all my money on dice. There aren't laws to prevent this. Why are there laws to prevent my ability to invest?
The regulation makes more sense as a way to keep the opportunities exclusive to the powerful, while regulators get to claim a moral high ground.
A) The federal government doesn’t ban gambling.
B) As far as I’m aware there isn’t a single place in this country where gambling is/isn’t allowed for those with specific net worths.
[1] https://en.wikipedia.org/wiki/Gambling_in_the_United_States
https://en.wikipedia.org/wiki/Lotteries_in_the_United_States
To take it back to the original argument, the question is then to decide where investing sits on that spectrum. I am not sure, but I do think there are enough reasonable differences between investing in securities, commercial casino gambling, and lotteries to expect that they may have different regulations.
Non-accredited investors are still perfectly entitled to invest their money in their friends and family's startups and/or more heavily-regulated IPOs, but startups aren't allowed to solicit the investments from the public, and have limitations on how much they can take from how many non-accredited investors.