Stat. § 5/12. Section 13 of the statute further provides that liability may be imposed on “the issuer, controlling person, underwriter, dealer or other person by or on behalf of whom the sale was made, and each underwriter, dealer, or salesperson who shall have participated or aided in any way in making such sale[J” Id. at § 5/13. In raising a securities claim under these provisions, a claimant must plead an actionable misstatement with particularity under Rule 9(b). Where allegations concern an omission, the complaint must also plead facts indicating a duty to disclose. The claimant, however, need not plead, nor even prove for that matter, scienter to state a claim for violations of §§ 12(F) and 12(G). Foster v. Alex, 213 Ill.App.3d 1001, 157 Ill.Dec. 778, 572 N.E.2d 1242, 1245 (1991) (<HOLDING>); see Schwitters v. Tomlinson, 1996 WL 54240,
recognizing defense in securities case holding that scienter is an essential element of a claim alleged under  121 of the illinois security law holding that tort actions brought against a state actor must be brought in the illinois court of claims and the district courts dismissal of such claims was proper holding that the same reasoning regarding opinions that is used under sections 11 and 12 of the securities act of 1933 applies to claims under sections 10b and 20a of the 1934 act as these claims all share a material misstatement or omission element holding that scienter need not be pled nor proved in a civil case brought under sections 12f and 12g of the illinois securities act