You can! All you have to do is lie on your affadavit of accredition, granting you the two things you want: (1) investment in the venture, to (2) no ability to file criminal charges on the venture management if you get fleeced. You do want both of those, right?
https://www.worldcasinodirectory.com/united-states/map
And aren't states mostly the beneficiaries of lotteries? Here the revenue is supposed to go to schools or something.
I'm not going to deny there are many casinos (there are plenty) but the OP's statement of "gambling and the lottery would also be illegal" seems to miss that in probably the vast majority of the US, gambling and operating lotteries is illegal. For example, Texas recently had to have a constitutional amendment to allow sports teams to hold charitable raffles.
https://ballotpedia.org/Texas_Proposition_5,_Definition_of_P...
If the law was really about "protecting people", then gambling and the lottery would also be illegal.
Also, why can't I sign a paper saying I accept the risk of investing? Why can't I become an accredited investor by passing a class? I can pass a series of classes to become an EMT and be trusted with peoples lives, but no classes are sufficient to educate me about investing in startups.
When you look at how the accredited investor laws are structured, its clearly meant lock the middle class out of the market