Whether or not a producer who is not licensed as an investment advisor would get in trouble or not depends on who complains, why they complain, and what the future holds.
It also depends on which state you live in. I know agents in various states that do not have a securities license and they move move millions every year out of VA's, mutual funds, etc. and they have no problems with their regulators.
But here in Kentucky the regulators have taken the position that a client that sells a security to buy a FIA is doing a securities transaction and the rep that works with the client had better be securities licensed or they will revoke that reps insurance license for giving securites advice without a license. I do not know if I agree with the regulators, but I have been securites licensed for 11 years so I don't have to worry about it.
Matt