The online catalog calls it out as by Birch. Well-done "antiqued" contemporary stuff without clear date markings can definitely be tricky. I don't recall any of these items having markings, but I know some of Birch's stuff was clearly marked with his initials and the last two digits of the date. That is one way for informed buyers to identify his stuff, but others have mistakenly thought that meant the items were from the 1780s instead of the 1980s. It's not fraud when Birch sells it to the original buyers for sure since they are probably commissioning or purchasing something in a particular style and know it is by him. Subsequent sellers might be mistaken by the quality of his work and the antiquing rather than fraudulent themselves (fraud implies knowledge and intent), so it is complicated. Discreetly marking the fully year something was made somewhere on the item seems an easy way to avoid the issue, but some people aren't going to like an 18th century item having a 21st century date on it, even if it isn't too overt. Artisans are working for their clients now after all not what someone possibly decades down the line might think.