TheStreet.com's Jim Cramer says struggling banks can be shorted to oblivion now that the rules won't be enforced.

Memo to the FDIC: Watch your back. The SEC just flipped its allegiance to the bad guys, the guys who want to break not just certain banks, but your bank! That's right, with the scrapping of the emergency rule that eliminated naked shorting, where you don't have to find the stock, and with the end of the vigilance against bear raiding, the SEC may have just caused a run at the FDIC.

I had hoped that the SEC would see that these financials have been manipulated to unreasonable levels, making the confidence in all institutions so low that nobody wanted to give them money. The rule change -- which when you think of it, wasn't much of a rule change as much as an enforcement of the way things are supposed to be, where you actually have to find the stock you sold short first so you don't fail to deliver -- worked!

It gave the system some breathing room. I think the rule change might have saved Merrill Lynch (NYSE: MER) (Cramer's Take) from being shorted into oblivion so it couldn't have done its deal. Lehman (NYSE: LEH) (Cramer's Take) didn't do a deal, those bad boys be back on the griddle now for unknown European exposure. AIG (NYSE: AIG) (Cramer's Take) wasn't protected in the first place and I believe will need to raise $10 billion to $15 billion in the teens to cover its European exposure. Now there's little hope at all for Fannie (NYSE: FNM) (Cramer's Take) or Freddie (NYSE: FRE) (Cramer's Take), as their stocks will be blitzed into oblivion and Hank Paulson will have to start the planning of cash infusions as opposed to what he said last Sunday -- why did he say that, for heaven's sake? Maybe he's too close to John "We don't need capital" Thain from their Goldman (NYSE: GS) (Cramer's Take) days.

MOST NOTEWORTHY: Anadigics, American Axle and Caterpillar were today's noteworthy downgrades:

• Stephens downgraded shares of Anadigics (NASDAQ: ANAD) following the company's Q2 results, as they believe shares could trade sideways until the macro environment improves. The firm lowered their target to $9 from $14. Jefferies downgraded shares to Hold from Buy to reflect the company's lower than expected outlook. The firm lowered their target to $9 from $15.
• Deutsche Bank cut American Axle (NYSE: AXL) to Hold from Buy to reflect the risk associated with the company's exposure to General Motors (NYSE: GM) and Chrysler. The firm lowered their target price to $7.50 from $11.
  
• JP Morgan downgraded Caterpillar (NYSE: CAT) to Neutral from Overweight based on increasing macro headwinds and likely multiple pressure.

OTHER DOWNGRADES:

• Washington Mutual (NYSE: WM) was cut to Sell from Neutral at Piper.
  
• United Microelectronic (NYSE: UMC) was downgraded to Sell from Neutral at Goldman.
  
• Downey Financial (NYSE: DSL) and City National (NYSE: CYN) were lowered to Market Perform from Outperform at Keefe Bruyette.

TheStreet.com's Jim Cramer says if we get fed support for a housing bottom, we can really turn things around.

If I were at Wells Fargo (NYSE: WFC) (Cramer's Take), today would be a day where I issued several billion in preferred stock or I issued a multibillion equity offering. Why? Because the deed is done; the shorts panicked and covered and took the stock up where it could now be worth doing a deal.

If things are so great at WFC, why do they have to do a deal? Simple: They have a big increase in nonperformers, and when you have a big increase in nonperformers ,you raise capital. Period.

Yesterday's relief rally was not about housing prices bottoming -- I think that will happen next year, not this year -- it was about getting the shorts. The shorts had had their way all over everything. Suddenly you get this surprise smackdown by Chris Cox of the so-called naked shorts -- it's really not at all about that if these stocks aren't hard to borrow -- and you get a dividend boost, something that shorts don't like to pay.

I think today's "upside surprise" from JP Morgan (NYSE: JPM) (Cramer's Take) will generate more short-covering. So will Bank of America (NYSE: BAC) (Cramer's Take) when it declares its dividend.

Which it will.

Last week, the FDIC oversaw the second biggest bank failure in U.S. history -- $32 billion IndyMac Bancorp (NYSE: IMB). I thought more would be on the way and this morning's New York Times estimates that 150 of the 7,500 U.S. banks will fail in the next 12 to 18 months. The FDIC only has $53 billion in its fund to cover bank failures so it is going to be needing much more cash, which it may get from raising insurance rates. No doubt those of us with bank accounts will pay the price.

For those looking to profit from this failure, it's time to get a hold of the FDIC's problem bank list and start estimating the ones that are most likely to get taken over. Here are some hints: look at their mortgages as a percent of total loans, their cash flow, when they have to pay back their debt, and the increase in the rate of their bad loans. The Times mentions two that are probably already on the radar of short sellers:

• BankUnited Financial Corporation (NASDAQ: BKUNA) in Florida, which trades at 77 cents a share and is probably too far gone to profit from as a short, went for $20 a share a year ago.
• Downey Financial Corporation (NYSE: DSL) in California, which trades at $1.69 today, traded at $65 a year ago.

Verizon (NYSE: VZ) had decided that customers do not have to be landline clients to get the company's new fiber broadband and TV service. In other words, it is willing to walk away from its core business to move into the future.

According to the AP, "Surveys point to about one in seven U.S. households now lacking landlines." More people are using their cellphones instead of the traditional home phone connection.

The announcement points to the lengths to which Verizon will go to get customers away from cable companies like Comcast (NASDAQ: CMCSA). Cable does not require that people use its voice system, VoIP, to get cable television or broadband connections. If Verizon wants to match cable packages, it has to do the same.

To a large extent, the news is an indication that Verizon is not really a traditional "phone company" any more. The revenue from that part of its operations is shrinking. Its growth comes from cellular customers, home fiber subscribers, and DSL.

Alexander Graham Bell is turning in his grave.

Douglas A. McIntyre is an editor at 247wallst.com.

TheStreet.com's Jim Cramer says there are problems, but nothing looks dire.

The setup is pretty good here. We've got a mildly oversold market with lots of June money expected to come in as CDs roll over and people realize that the cash rates are so bad. We have no earnings news, which is good, given that unless you do a lot of business overseas without a lot of raw cost escalation (think everything from Emerson (NYSE: EMR) (Cramer's Take) to Heinz (NYSE: HNZ) (Cramer's Take)) or you transport or mine oil, minerals and agricultural goodies, you aren't doing all that well.

We have the possibility of some stability in energy, as $130 has been difficult to punch through, even though we have not been able to build any inventories yet despite all we hear about how people are driving less. And the expectations for the employment number are so weak that if we get any job creation we are going to begin to hear that maybe the economy is on the mend.

Again, that's considered antithetical given the sinking home price/escalating food and oil price one-two punch. But, as I said last week, there is a finite nature to the bad loans.

The recently reported three day e-mail blackout experienced by the consumer internet customers of Hughes Communications Inc. (NASDAQ: HUGH) has ended. Although the system has not swung over to its new enhanced version, it appears that Hughes technical staff has opted to reawaken the previous e-mail application to restore that service to its customers. Personal comment from the company regarding this situation was unavailable as of this writing.

What little preview I received of the attempted e-mail upgrade by HughesNet was enticing. It looked streamlined, intuitive and was definitely appealing to the eye. When the company completes its adjustments and makes the hoped for upgrade available, I'll provide my full assessment of the new service for our readers.

A simple 24 hour email outage for a system upgrade has turned into a 3 day technical nightmare for Hughes Communications Inc. (NASDAQ: HUGH). Initially, the company informed customers that email service would be suspended for a 24 hour period, from 6pm Saturday, April 26 through 6pm Sunday, April 27. As of this writing, HughesNet email service is still down.

I guess one can live without email for a few more days, even though some might have important data to transmit via email. It's data which could affect one's career advancement. I guess in my case I could hand it off to my ground based mail carrier. However, because I have become quite accustomed to lackluster performance from Hughes Communications, I'm glad I'm not invested in it.

[Note from the author: Hughes email service fully restored in original format as of 04-30-08]

MOST NOTEWORTHY: National City, Syntax Brillian and Medco Health were today's noteworthy upgrades:

• Deutsche Bank upgraded shares of National City (NYSE: NCC) to Buy from Sell on valuation as they believe their $9.00 target is in-line with the company's franchise value.
  
• Baird upgraded Syntax Brillian (NASDAQ: BRLC) to Outperform from Neutral based on recently announced strategic initiatives and valuation.
  
• Jefferies upgraded shares of Medco Health (NYSE: MHS) to Buy from Hold as they believe the company's renewed PBM contract with United Healthcare (NYSE: UNH) removes a major overhang.

OTHER UPGRADES:

• Friedman Billings raised Downey Financial (NYSE: DSL) to Market Perform from Underperform.
  
• Volterra (VNASDAQ: LTR) was raised to Buy from Neutral at Piper.
  
• Alliance Data (NYSE: ADS) was raised at JP Morgan to Overweight from Neutral.

TheStreet.com's Jim Cramer says this lender gave money to anyone with a pulse, and the shareholders are left holding the bag.

For pure laughs, go read the National City (NYSE: NCC) (Cramer's Take) conference call yesterday, the one where they destroyed what was remaining of their common shareholder base with the partial takeunder by Corsair, an unknown private-equity fund that surfaced to inject $7 billion to save the bank.

We have had some remarkably poorly run banks in this go-round of subprime, including Downey Savings (NYSE: DSL) (Cramer's Take) (takers anyone?) Wachovia (NYSE: WB) (Cramer's Take) and Washington Mutual (NYSE: WM) (Cramer's Take), as well as some nonbank fiascos like E*Trade (NASDAQ: ETFC) (Cramer's Take) and CIT (NYSE: CIT) (Cramer's Take).

But this Nat City takes the cake. They have to be the most stupid and least rigorous lender since the S&L crisis. They have $10 billion in home equity loans that have got to be among the worst ever issued. I swear, I bet that many of these are going to turn out to be out-and-out fraud by the borrowers. Miraculously, Nat City found an even more stupid soul, Merrill's (NYSE: MER) (Cramer's Take) Stan O'Neal, to sell its main originator of this junk to, something that brought O'Neal down and almost brought Merrill down. Some would say that the latter is still in question. I have no idea what would have happened to NCC if they hadn't sold it before the height of the fraud, the first quarter of 2007.

There was an interesting announcement that came out this week. It seems that the triple-play package of cable, high-speed internet, and telephony are coming to America's largest retailer.

Wal-Mart Stores, Inc. (NYSE: WMT) and Time Warner Cable (NYSE: TWC) are partnering up to allow Wal-Mart customers to select and purchase various Time Warner packages at nearly 700 Wal-Mart store locations.

The store offerings will be in the electronics department or "Connection Center" locations inside the stores. These locations will explain and offer the packages, possibly with a joint purchase of a new high-definition television.

Time Warner believes this will give customers convenient and easy access to its broadband, high-definition cable, and digital phone services. After seeing VoIP offerings in the past, this might not be all that unexpected. But the triple- play package isn't exactly a bare-bones pricing, even if it ultimately does save money for consumers who use all three services under one provider.

For the former "Always Low Prices" retailer, it seems that the old dial-up or low-priced DSL internet access would have been the highest priced offering. Either times are a changing, or US web access markets are saturated.

We are still awaiting the final verdict from Time Warner Inc. (NYSE: TWX) and Jeff Bewkes regarding its majority stake in the cable operator.

TheStreet.com's Jim Cramer says the sheer number of companies that need foreign capital will keep sovereign funds busy. By Jim Cramer

We need more sheiks!

We need some for Citigroup (NYSE: C) (Cramer's Take) and for Merrill (NYSE: MER) (Cramer's Take) and for Bear (NYSE: BSC) (Cramer's Take). And how do you like the fact that Bear says it needs no money and yet everyone else does? How about that for chutzpa?

We need more sheiks for Countrywide (NYSE: CFC) (Cramer's Take) and for Washington Mutual (NYSE: WM) (Cramer's Take). We need sheiks for National City (NYSE: NCC) (Cramer's Take) and Key (NYSE: KEY) (Cramer's Take) and Huntington Bancshares (NASDAQ: HBAN) (Cramer's Take). Any sheiks around for Corus (NASDAQ: CORS) (Cramer's Take) or Downey (NYSE: DSL) (Cramer's Take) or for the Gang of Four -- or do people really believe that Warren Buffett wants to buy one of them? (My sources indicate that what he does want to do is provide some extremely profitable reinsurance to the gang of four).

Best Buy, Inc. (NYSE: BBY), the largest consumer electronics retail chain in the U.S., may be eyeing another service provider acquisition to follow up on the Speakeasy purchase earlier this year. Speakeasy was a provider of IT services to small businesses, and Covad Communications (AMEX: DVW) is a larger broadband internet service provider. Is Best Buy really staking an offensive in the business world with one completed and one rumored acquisition? You bet.

Best Buy for Business is a division of the retail giant that wants to be the products and service provider for small and medium businesses as the chain branches away from strictly consumer retail to broaden its portfolio and diversify revenues from the vagaries of retail that can change like the wind.

According to Broadband Reports, talks of an acquisition have been on-again, off-again for a while and may not be an acquisition of Covad in its entirety, but perhaps its VoIP business only. This would make sense, as Best Buy has recently stepped up its VoIP business in order to bring more competition to the telecom world. At this time, Covad is valued at about $194 million based on its current stock price of $0.65 per share on the American stock exchange.

But what about oil?
But what about the dollar?
Is it enough?
Is it too much because of inflation?
Are they behind the curve?
Is it wrong that hedge funds get bailed out?

I have no objections to any boilerplate questions about the Fed and its rate cuts. They make sense. I do, however, occasionally want to suspend suspicion and cynicism and even, yes, skepticism, for the moment after something as monumental as yesterday's half-point cut.

I say that because sometimes my job conflicts with the need to be the skeptical reporter. That's because there's an overriding need on this site and in what I do for a living, which is try to make people money.

People want to know how the market will react, they want to know if it is time to buy, or too late to buy, or okay to buy, or good to sell. Those questions are obfuscators. They are theoretical. They get in the way of making money, and if answered incorrectly, they block the chance for making money.

Of course all of those issues are concerns, chiefly oil. It's not "good" that oil is going higher, even though to anyone with a car, it is obvious that it hasn't filtered through. I paid $2.60 yesterday, a dollar lower than I would think I would have had to pay given the price of crude. Weak dollar, possible inflation flare-up -- all bad.

But the simple answer is that things were not right going into the meeting. Big things. You shouldn't have T-bills so high when the 10-year is so low. That's 105 degrees on the thermometer. Those who fought 50 basis points, thinking it is too much, that it means panic, are the same people who would deny children antibiotics lest they scare the parents! It's all nonsense. Retail, autos and banks are real economy sectors, and everyone knew they were hurting.

On today's STOP TRADING! segment on CNBC, Cramer said that he went back over the Merrill Lynch (NYSE: MER) conference call and he thinks that the other mergers in the sector have gone well enough that he thinks Merrill Lynch will buy Countrywide Financial Corp. (NYSE: CFC). He also noted it might have liked to buy it some 6 months ago, and that it would have been a mistake, but now he thinks this would make sense. This is part of the fact that Countrywide is the last man standing in subprime loans and is the winner. He even made a stock options call on it: buy the JULY CALLS on the stock as it is going higher and he thinks it could fetch $45 to $48.

If Cramer is going to be touting CALL Options on banking mergers, well that's going to be fun for Joe Q. Public trying to learn even more. If we aren't in Merger Mania right now, then just what would merger mania really look like?

Last night he noted Downey Financial Corp. (NYSE: DSL) as a merger pick, and that one is up almost 3% today on almost 4-times normal trading volume because of his stock tout. He noted this one, again, today as a likely candidate.