You can create a company that has ludicrously limited opportunities to return its capital, and sell those to the public. You simply have to comply with the SEC's registration and disclosure rules --- in particular, you have to publish quarterly audited financials confirming your limited prospects.
That is the difference between the "3x leveraged ETF" and the "company that has a chance at profit" in your example, not some weird value judgement the SEC is making.
That is the difference between the "3x leveraged ETF" and the "company that has a chance at profit" in your example, not some weird value judgement the SEC is making.